University Of Uyo v. Godwin Udo Udo (2023)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

PETER CHUDI OBIORA, JCA (Delivering the leading judgment)

This is an appeal against the judgment of the Federal High Court sitting at Uyo in suit No. FHC/UY/CS/62/2015 delivered on 11th day of January, 2018, coram judice, Hon. Justice F. O. Riman.

The respondent was a student of the appellant and took out the action over the refusal of the appellant to award him a degree at the end of his academic programme. The lower court gave judgment in favour of the respondent.

The appellant was dissatisfied with the decision, hence her appeal to this court.

Brief statement of facts

The respondent gained admission into the Department of Brewing Science and Technology, Faculty of Natural and Applied Sciences in the 1999/2000 session for a five years academic programme. The Department was later changed to Department of Food Science and Technology under the Faculty of Agricultural Science.

The respondent claimed that he registered for all the courses he was required to take for the programme and wrote and passed all the required examinations necessary for the award of a degree of the school.

He also claimed that the appellant published his name among the list of students qualified to go for NYSC programme and after completing his clearance, the appellant refused to clear him to proceed on the NYSC programme and also refused to issue him with results of the course the respondent studied and completed.

The respondent stated that he lodged a complaint with the Senate, Registrar and Students Affairs Department of the school who kept the investigation for seven years (2008 to 2014) and at the end, the panel of the appellant cleared him of any wrongdoing but surprisingly the appellant published the name of the respondent as one of the persons that were no longer students of the appellant university.

The respondent filed this suit for redress. The appellant, though participated in the trial, did not file any defence in the case. The appellant only filed a preliminary objection challenging the jurisdiction of the lower court on the ground that the suit was statute barred.

The lower court delivered a ruling holding that the suit was not statute barred and also a judgment on the merits of the suit granting the reliefs sought by the respondent. The appellant being dissatisfied lodged her notice of appeal which was later amended with the leave of this court. The extant amended notice of appeal was filed on 10/11/2022 and contains three grounds of appeal, which shun of their particulars, state as follows:

a. The judgment of the lower court is against the weight of evidence.

b. The learned trial Judge erred in law by assuming jurisdiction to entertain the subject matter of suit No. FHC/UY/CS/62/2015 filed outside the time limited under the Public Officers Protection Act.

c. The learned trial (sic) erred in law and acted outside the scope of its powers by assuming jurisdiction, entertaining and granting reliefs which judicially awarded University Degree and issued National Youth Corps (NYSC) call-up Letter to the respondent.