University of Ilorin V. Stephen Akinola (2007)

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TIJJANI ABDULLAHI, J. C. A.

This is an appeal against the decision of the Ilorin Division of the Federal High Court, Coram C. Nnamani J., delivered on the 21st day of June 2006. The present Respondent as Plaintiff at the lower court instituted an action against the present appellant seeking for:

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 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 Statistics, 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 Plaintiff is entitled to be given the full particulars of, and afforded an opportunity to defend himself on any “administrative .. , case” alleged to be pending against him or claimed by the Defendant to be responsible for the withholding of his academic records.

e) A DECLARATION that the withholding of the Plaintiff’s academic records since 1999 when he completed the course of study prescribed by the Defendant for the award of a B. Sc. Degree in Statistics for reason of an alleged “administrative … case” stated in the Defendant’s letter Ref. No. UI/RO/D. 14 dated 13th May, 2002 is capricious, oppressive, illegal, unlawful, and constitutes a gross abuse of the Defendant’s statutory powers as contained in the University of Ilorin Act, Cap. 455 of the Laws of the Federation of Nigeria, 1990.

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f) A DECLARATION that the withholding of the Plaintiff’s academic records since 1999 when he completed the course of study prescribed by the Defendant for the award of a B. SC. Degree in Statistics for reason of an alleged “administrative … case” stated in the Defendant’s letter Ref. No. UI/RO/D.14 dated the 13th May, 2002 is punitive and in breach of the Plaintiff’s 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 the parties agreed that the Plaintiff shall apologize for his 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 him 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. FHC/lL/M17/98.

h) AN ORDER of mandamus compelling the Defendant to remove forthwith all the administrative (or like) impediments alleged by it to have prevented, and to take all the administrative (or like) steps required for the release of the Plaintiff’s academic records including the Degree to which his completed course of study with the Defendant entitles him, and for the release of all said academic record and Degree forthwith.

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i) DAMAGES, on a footing of exemplary damages, in the sum of N30,000,000.00.

The case proceeded to trial before the lower court at the end of which all the reliefs save (i) in which the sum of N7,000,000.00 instead of N30,000,000.00 was awarded to the Respondent, were granted, dissatisfied with the judgment of the learned trial Judge, the Appellant appealed to this court on Notice of Appeal which carries nine Grounds of Appeal.

Devoid of their particulars the grounds of appeal are:

i) That the Judgment is against the weight of Evidence.

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