Anthony Edeh v. University Of Agriculture Makurdi & Ors (2023)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

BIOBELE ABRAHAM GEORGEWILL, JCA (Delivering the leading judgment)

This is an appeal against the Judgment of the Federal High Court, Makurdi Division, Coram: C. J. Aneke, J, in suit No. FHC/MKD/ CS/02/2017: Anthony Edeh v. University of Agriculture Makurdi & Ors. delivered on 21/9/2017, in which the claims of the appellant as applicant against the respondent seeking to set aside his expulsion from the 1st respondent institution by the 2nd – 5th respondents were dismissed for lacking in merit.

The appellant was peeved with the said judgment and had appealed against it vide his notice of appeal filed on 19/12/2017 on two grounds of appeal. See pages 136 – 138 of the record of appeal.

The record of appeal was compiled and transmitted to this court on 27/7/2018. The parties filed and exchanged their briefs, which were adopted as their arguments at the hearing of this appeal on 28/3/2023. The appellant was represented by E. J. Okwori, Esq. The respondents were represented by Timothy Dim, Esq.

By an originating motion filed 10/1/2017 before the lower court on pursuant to the provisions of the Fundamental Rights (Enforcements Procedure) Rules, 2009, the appellant as applicant claimed against the respondents the following reliefs, namely:

A. A declaration that the communication from the University of Agriculture Makurdi, Ref No. UE/17428/10 Dated the 1st of July, 2016 and thus addressed: Eden Anthony Reference (UE/17428/10), Department of Mechanical Engineering, College of Engineering University of Agriculture, Makurdi purporting to expel applicant from the University of Agriculture Makurdi for the examination misconduct of Ochai Clement with whom he neither colluded nor abated in any form or manner whatsoever violates his right to education as preserved by Article 17(1) of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act.

B. A declaration that the Communication from the University of Agriculture Makurdi, Ref No. UE/17428/10 Dated the 1st of July, 2016 and thus addressed, Edeh Anthony Reference (UE/17428/10), Department of Mechanical Engineering, College of Engineering University of Agriculture, Makurdi purporting to expel applicant from the University of Agriculture Makurdi for the examination misconduct of Ochai Clement with whom he neither colluded nor abated in any form or manner whatsoever violates his right to have his cause heard and not to be punished for an act which is not an offence nor have punishment inflicted on him for an offence he did not commit, as preserved by Article 7(1)(2) of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act.

C. A declaration that the Communication from the University of Agriculture Makurdi Senate, Reference UE/17428/10 dated the 1st of July, 2016 and thus addressed: Edeh Anthony Reference (UE/17428/10), Department of Mechanical Engineering, College of Engineering University of Agriculture, Makurdi purporting to expel applicant from the University of Agriculture Makurdi for the examination misconduct of Ochai Clement with whom he neither colluded nor abated in any form or manner whatsoever despite the report of the College Examination Misconduct Committee on cases of examination misconduct committed during the first semester of 2013/2014.

And other outstanding cases of the previous academic sessions of 11th November, 2014 exonerating the applicant are grossly informed by mala fide and spite arising from the Applicant’s Student Union activism.

The basis of the Senate’s of the University of Agriculture Makurdi Senate’s excoriation and accordingly violates the applicant’s right not to be discriminated against as preserved by Article 28 of the African Charter on Human and Peoples’ Rights Ratification and Enforcement) Act.

D. An order of the court setting aside the Communication from the University of Agriculture Makurdi Senate, Ref No. UE/17428/10 Dated the 1st of 2016 and thus addressed: Eden Anthony Reference (UE/17428/10), Department of Mechanical Engineering, College of Engineering University of Agriculture, Makurdi.

E. An order of the court affirming the University of Agriculture, Makurdi College of Engineering report of the College Examination Misconduct Committee on cases of Examination Misconduct Committee during for the first semester of 2013/2014 and other outstanding cases of the previous academic sessions recommendations as affect the applicant and which is to the following effect:

2. The Committee could not prove that Mr. Edeh Anthony gave instructions to Ochai Clement to sit for the examination on his behalf even though circumstantial evidence suggests that he did that. The Committee therefore absolves Mr. Edeh Anthony of any guilt.
3. The Committee recommends that Edeh Anthony should be credited with only his continuous assessment score for the course EME 411- Auto Workshop Practice.

F. An order of the court restraining the respondents from interfering in any manner whatsoever or howsoever in the applicant’s academic program in relation to or in connection with or arising from any other matter or thing or allegation related to or arising from the charge of examination malpractice relating to course EME 411- Auto Workshop Practice for the first semester 2013/2014 examination of the respondents’ University of Agriculture, Makurdi. See pages 1 – 8 of the record of appeal.

Succinct statement of facts