University Of Port Harcourt v. Mr. Edwin Chira Nwuzor (2024)

LAWGLOBAL HUB Lead Judgment Report – SUPREME COURT

HELEN MORONKEJI OGUNWUMIJU, JSC (Delivering the leading judgment)

This appeal is against the majority judgment of the Court of Appeal, Port-Harcourt judicial division dismissing both the substantive appeal of the appellant, as well as the cross-appeal of the respondent on 19/4/2016.

The Court of Appeal by its decision, upheld the judgment of the Federal High Court Port-Harcourt judicial division delivered on 14/12/2010 by Hon. Justice G.K. Olotu.

The court below after making several concurrent findings of facts and agreeing with the trial court on several points of law, based on issues raised on the substantive appeal, as well as the cross-appeal, dismissed both appeals.

It is the substantive appeal that the appellant is appealing against, while the respondent did not file any appeal over the dismissed cross-appeal.

The respondent having not filed any appeal over the dismissed cross-appeal, this court has only to deal with the appeal over the substantive appeal dismissed on 19/4/2016 by the court below. The facts that led to this appeal are as follows:

The respondent was offered admission by the appellant’s letter dated 21/5/1999 admitted as exhibit ‘B’. The respondent on acceptance and successful completion of the Master’s Degree program in Petroleum and Gas Engineering (Reservoir Option) was given a letter dated 17/7/2002 through which the appellant informed him of being successful and scoring cumulative grade point average of 3.44 (CGPA).

In the said letter, the appellant informed and assured the respondent of issuing him with the certificate in due course. The respondent tendered the letter and the trial court admitted the said letter as exhibit ‘C’.

The respondent on seeing the appellant in 2004 issuing “success letter” to his contemporaries as opposed to “certificate” as assured in exhibit ‘C’ approached the appellant in 2005 and the respondent was directed to see the Head of the respondent’s Department, Dr. Dulu Appah for submission of the respondent’s details for issuance of his certificate.

After attempts to get his certificate and several back and forth from the appellant, the respondent by letter of 7/11/2007 wrote a letter admitted as exhibit ‘E’, through a Solicitor. The appellant on receipt of the respondent’s Solicitor’s letter, said they had investigated his issue (behind his back) and found that since he scored below 3.00 he was not qualified for the appellant’s Master’s Degree in Petroleum and Gas Engineering (Reservoir Option) contrary to exhibit ‘C’ showing the respondent to be successful, having scored 3.44 cumulative grade point average (CGPA) which is far more than the minimum 3.00 CGPA required by the appellant.

The respondent apparently from the portions of the pleadings not contradicted at the trial court made fruitless and futile efforts to persuade the appellant to issue his certificate to no avail. The respondent was constrained to sue the appellant by claim filed on 17/03/09 asking for the following reliefs:

i. A declaration that the defendant is statutorily obliged to issue master degree certificate to one who has pursued and successfully completed his/her course of study in Petroleum and Gas Engineering (Reservoir Option) approved by the defendant and satisfied all other conditions and requirements as laid down by the defendant.

ii. A declaration that it is illegal for the defendant, either directly or surreptitiously, to require any person including the plaintiff to satisfy any requirement as to race, religion or political persuasion for the award and/or holding of any Degree (including Master’s Degree in Petroleum and Gas Engineering (Reservoir Option) of the defendant’s University.

iii. A declaration that the withholding and failure of the defendant to release and/or issue the plaintiff with his Master’s Degree Certificate till date, upon commencement of issuance and release of same to the plaintiff’s contemporaries since 2004 or thereafter is capricious, oppressive, illegal, unlawful and constitutes gross abuse of the Defendant’s Statutory Power as contained in the University of Port Harcourt Act Cap U13 Vol. 15 Laws of the Federation of Nigeria, 2004.