University of Ilorin V. Rasheedat Adesina (2008)

LawGlobal-Hub Lead Judgment Report

IGNATIUS IGWE AGUBE, J.C.A.

This is an appeal against the Judgment of the Ilorin Division of the Federal High Court per Chukwura Nnamani J. which judgment delivered on the 21st day of June, 2006, allowed all the plaintiffs claims except the second claim which deals with religious and political beliefs.

The Plaintiff who was at all times material to the case a student of Industrial Chemistry of the Defendant’s University in both her writ of summons and statement of claim sought for the following reliefs against the Defendants: –

“(a). A Declaration that the Defendant is statutorily obliged to grant degrees to persons who have pursued a course of study approved by it and satisfied such other requirements as it may lay down.

“(b). A Declaration that it is illegal for the defendant, either directly or surreptitiously, to require any person to satisfy any requirement as to religious or political persuasion to be entitled to become or continue to be a student and the holder of any degree of the Defendant – University.

“(c). A Declaration that the plaintiff, having pursued and completed a course of study for the award of a B.SC. Degree in Industrial Chemistry, and also satisfied all other requirements prescribed by the Defendant and made known by it to the plaintiff, is entitled to be awarded the same.

“(d). A declaration that the Defendant is not entitled to keep the plaintiff in communicado as to the reason for the withholding of her academic records and degree.

“(e). A declaration that the withholding of the plaintiff’s academic records since 2001 when she completed the course of study prescribed by the Defendant for the award of a B.SC. Degree in Industrial Chemistry without official explanation is capricious, vindictive, oppressive, illegal, unlawful, and constitutes a gross abuse of the Defendant’s statutory powers and public duties invested on/in the University of Ilorin Act, Cap. 455 of the Laws of the Federation of Nigeria, 1990.

“(f). A Declaration that the withholding of the Plaintiffs academic records since 2001 when she completed the course of study prescribed by the Defendant for the award of a B.SC. Degree in Industrial Chemistry without official explanation is punitive and in breach of the plaintiffs right to a hearing before condemnation and punishment.

“(g). An order of specific performance of the agreement brokered at the instance of the Defendant’s Visitor, the President and Commander-in-chief of the Armed Forces of the Federal Republic of Nigeria, whereby parties agreed that the plaintiff shall apologize for her student Union activities and pay a restitution in the sum of N1,000.00 to the Defendant and the Defendant in consideration thereof shall restore to the plaintiff all the rights reserved for her as a member of the Defendant – University under the University of Ilorin Act, Cap. 455, of the Laws of the Federation of Nigeria, 1990, which agreement was subsequently notified by the parties to and judicially noticed by the Court on the 29th day of October, 2001 in Suit No. EHC/IL/M17/98.

“(h). An order of Mandamus compelling the Defendant to remove forthwith all the administrative (or like) impediments to, and to take all the administrative (or like) steps required for the release of the plaintiffs academic records including the degree to which her completed course of study with the Defendant entitles her, and for the release of all said academic record and Degree forthwith.

“(i). DAMAGES, on a footing of exemplary damages, in the sum of N20,000,000.00”

Issues were joined and after the Defendant was allowed Amendment and Further Amendment of her statement of Defence the plaintiff testified and called no witness while the Defendant called five witnesses in proof of their respective cases. At the close of the cases of the parties written addresses were ordered to be submitted after which the Learned Justice of the Federal High Court Ilorin Division delivered the judgment in question.

Piqued by the judgment, the Defendant (now Appellant), filed a Notice of Appeal with five Grounds on the 6th day of July, 2006 in the lower court.