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CHIEKWE IKWUNZE ESIAGA V UNIVERSITY OF CALABAR

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CHIEKWE IKWUNZE ESIAGA V UNIVERSITY OF CALABAR

Legalpedia Citation: (2004) Legalpedia (SC) 21211

In the Supreme Court of Nigeria

Fri Apr 2, 2004

Suit Number: SC. 52/1999

CORAM


SALIHU MODIBBO ALFA BELGORE, JUSTICE SUPREME COURT

DENNIS ONYEJIFE EDOZIE, JUSTICE SUPREME COURT

IGNATIUS CHUKWUDI PATS ACHOLONU, JUSTICE SUPREME COURT


PARTIES


CHIEKWE IKWUNZE ESIAGA APPELLANTS


RESPONDENTS


AREA(S) OF LAW



SUMMARY OF FACTS

The appellant applied for enforcement of his fundamental human rights on the ground that he was not giving fair hearing before his suspension and that the university should release the result of future examination


HELD


The court held that issue of fair hearing did not yet arise and that the suspension pending the investigation was within the powers of the University.


ISSUES


Whether the provisions of section 33(1)(2) and (4) of the 1979 Constitution and the ratios in Garba V. the University of Maiduguri (1986) 1 NWLR (Pt.18) 550 are applicable to this suit.


RATIONES DECIDENDI


CASES CITED


1. Board of Education V. Rice (1911) A.C. 179 at P. 822. Cooper V. Wandsworth Board of Works (1863) 14 CB(NS) 180,3. Ridge V. Baldwin (1964) A.C. 40,4. Durayappah V. Fernando (1967) 2 A.C. 3375. Wiseman V. Borneman (1917) A.C. 297


STATUTES REFERRED TO


The Constitution of the Federal Republic of Nigeria 1979


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