College of Education, Warri & Anor V. Gladys Odede (1998)

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MOHAMMED, J.C.A.

Gladys Odede, the respondent in this appeal was a student at the College of Education. Warri, the 1st appellant since 1989. Some time in 1991, the respondent was among the students of the institution sitting for the semester examinations in an examination hall. The duration of the phonology paper which the respondent was writing was 3 hours, However 15 minutes before that time, the respondent left the examination hall. When the invigilators in the examination hall checked the written papers submitted by the students at the end of the examination period, it was discovered that one script was missing. On further cross-checking of the scripts against the attendance sheet, it was discovered that the missing script was that of one Gladys Odede the respondent. When the respondent was invited and questioned about her missing scripts, she stated that she had submitted the papers to a female Youth Corper who was in attendance as one of the invigilators in the examination hall.

The respondent was subsequently charged for failing to submit her examination scripts which is an examination malpractice under the rules of the College, when the respondent’s claim to have submitted the scripts could not be substantiated.

The respondent was ultimately expelled from the College for her alleged involvement in the examination malpractice. When the respondent’s attempts to have the College authorities rescind their decision on her expulsion failed, she filed an action at the High Court of Justice Warri as a plaintiff against the College of Education, Warri, its Provost and the Academic Secretary as defendants and claimed against them jointly and severally in paragraph 13 of the statement of claim relief’s as per the writ of summons. The relief’s are:-

“(a) A declaration that the purported expulsion of the plaintiff as student of the College of Education, Warri by the defendants is wrongful, null and void and of no effect whatsoever.

(b) The sum of N1, 000,000.00 (one million naira) being special and general damages for wrongful expulsion of the plaintiff by the defendants from the College of Education, Warri together with the consequential loss of right to good education, promotions, self-respect and honour to the plaintiff.

(c) An order of mandatory injunction compelling the defendants their servants and agents to reinstate the plaintiff as a student of the said College of Education, Warri.

(d) An order of interim/perpetual injunction restraining the defendants, their servants and agents from expelling the plaintiff as a student of the College of Education. Warri and/or interfering with the plaintiffs rights as a student of the said College.”

At the close of pleadings between the parties, the case proceeded to hearing before Bazunu J. of High Court No. 3 Warri where the respondent as the plaintiff was the only witness who testified in support of her claims; while three witnesses including the 3rd appellant/defendant testified in support of the defence. In his judgment, the learned trial Judge identified two issues for determination namely.

1. Whether failure to submit examination scripts amounted to examination malpractice and
2. Whether the plaintiff had fair trial.

In resolving the first issue, the learned trial Judge came to the conclusion that the failure of the respondent to submit her examination answer scripts to the appellants amounted to an examination malpractice which however was not enough to have earned the respondent an expulsion from the College. On this ground alone, without resolving the 2nd issue for determination, the learned trial Judge found for the respondent and granted her first two relief’s by declaring her expulsion from the College as wrongful, null and void and of no effect whatsoever and in addition awarded her the sum of N200.000.00 as damages. This judgment was delivered on 28-7-1994.

Being dissatisfied with that judgment the appellants have now appealed to this court by a notice and grounds of appeal dated 1st August 1994. Briefs of argument were duly filed and served between the parties before the appeal came up for hearing. Three issue for determination were formulated in the appellants’ brief of argument They are:-

“1. Whether the judgment of the trial court declaring the expulsion of the respondent null and void with an award of N200,000.00 damages is sustainable in view of the stage of the plaintiff respondent’s statement of claim and evidence before the lower court.

2. Whether the learned trial Judge went outside the issues raised by parties in arriving at his decision.
3. Whether the trial court’s award of N200,000.00 damages in favour of the respondent was proper having regard to the fact that it had earlier on declared the expulsion to he null and void.”

However in the respondent’s brief of argument filed on her behalf by her learned counsel, the following two issues were identified for the determination of the appeal.

“1. Whether the learned trial Judge was right in declaring the expulsion of the respondent null and void in view of the evidence proffered by both parties to this suit.