Idris Olatokunbo Olarewaju V. University Of Lagos & Ors (2014)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

TIJJANI ABUBAKAR, J.C.A. (Delivering The Leading Judgment)

The Appellant in this appeal, enrolled into the Medical college of the University of Lagos to read medicine in 1993, expecting to be awarded MB, BS, upon successful completion of his studies. He sat for four compulsory core subjects in his 5th year; the four core subjects are, (Obstetrics Gynecology, Pediatrics, Medicine and Surgery).

Results of these subjects were then published indicating that Appellant met Examiners requirements, and therefore passed the said subjects.

On the 25th day of September, 2001 Appellant applied to the Respondents to be issued letter for his induction by the Nigerian Medical and Dental Council. In response to this request, the Respondents replied to say that Appellant could not be issued the letter because he did not pass pediatrics and that the publication in 1998 where he was shown to have passed the subject was made in error. Appellant became aggrieved and therefore approached the Federal High Court and took out writ against the Respondents claiming as follows:

1. A DECLARATION that the plaintiff had passed all the core courses and in particular;

(i) Obstetrics and Gynecology

(ii) Pediatrics

(iii) Medicine and

(iv) Surgery.

2. A DECLARATION that the plaintiff had fulfilled all the requirements of the 1st Defendant and in particular the 1st Defendant for the award of MB, BS Degree, and cannot be compelled to resit pediatrics examination or any examination at all.
3. A DECLARATION that the plaintiff is entitled to be issued with a letter of induction as a graduating MB, Student by the 3rd Defendant.
4. AN ORDER of Court directing the 3rd Defendant to forthwith clear the Plaintiff and issue to him a letter of induction as a graduating MB, BS Student of the 3rd Defendant Institution.
5. AN ORDER directing the Defendants to issue the Plaintiff with his qualifying certificate as a graduating MB, BS Student of the 3rd Defendant.
6. The sum of N5m (Five Million Naira) as compensation to the Plaintiff for the loss of years, embarrassment and the psychological trauma caused to the plaintiffs by the action of the Defendants.

Appellants suit before the Federal High Court Presided over by Aliyu J went to trial, both parties called evidence, at the conclusion of trial the claim was dismissed on the 27th day of November, 2008. Appellant became dissatisfied with the decision of the lower Court and filed Notice of Appeal to this Court on the 14th day of January, 2009. Appellant’s grounds of appeal are therefore reproduced less their particulars as follows:

GROUND 1.

MISDIRECTION IN LAW: The learned trial Judge erred and misdirected himself in law when he held that the Appellant did not pass the Pediatrics examination conducted by the Respondents in 1998 and or that pass earlier issued by the Respondents was in error.

GROUND 2.

ERROR OF LAW: The learned trial Judge erred when he held that the Appellants result in pediatric, which was sent to the University of Lagos Senate in 1998 and approved by the Senate, was in error.

GROUND 3.