MILITARY GOVERNOR, LAGOS STATE AND ORS VS CHIEF EMEKA ODUMEGWU OJUKWU
July 22, 2025CHIEF DR. IRENE THOMAS & ORS VS THE MOST REVEREND TIMOTHY OMOTAYO OLUFOSOYE
July 22, 2025Legalpedia Citation: (1986) Legalpedia (SC) 87931
In the Supreme Court of Nigeria
Fri Feb 14, 1986
Suit Number: SC 24/1985
CORAM
ESO JUSTICE, SUPREME COURT
NNAMANI JUSTICE, SUPREME COURT
COKER JUSTICE, SUPREME COURT
PARTIES
YESUFU AMUDA GARBAOKON AKBATIMOTHY DIKA MSHELIAMUSA ALI MUSAJONAH WYCLIFF KUMDISIYUSUF YAKUBU FISSEMALIKI BAKARIABDUL ABUBAKAR ALIYUMOHAMMED BAPETREL YAHAYA APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellants were students of the University of Maiduguri. Their expulsion was sequel to the riotous behaviour of about 500 students in the University followed by demonstration rampage, wanton destruction of properties in the University and assaults on persons.
HELD
I will allow the appeal and it is hereby allowed. The decision of the Court of Appeal is hereby set aside and in its place the decision of the trial court in respect of the four declarations prayed for are hereby restored.
ISSUES
1. Whether the learned Justices of the Court of Appeal were right in allowing the appeal and not remitting the case back to the High Court for a re-hearing after expressing the opinion that there were issues which were in conflict between the affidavits and counter-affidavits of the Appellants and the respondents.
2. Whether in view of the combined effect of the provisions Sections 42 of the Constitution of the Federal Republic of Nigeria, 1979, Order 24 Rule 1 of the Borno State High Court (Civil Procedure)
RATIONES DECIDENDI
FAIR HEARING
“Fair hearing is therefore not only a common law requirement in Nigeria but also a statutory and a constitutional requirement. The rules of natural justice must be observed in any adjudication process by any court or tribunal established by law.” Obaseki JSC.
FAIR HEARING
“Fair hearing is therefore not only a common law requirement in Nigeria but also a statutory and a constitutional requirement. The rules of natural justice must be observed in any adjudication process by any court or tribunal established by law.” Obaseki JSC.<foo< p=””></foo<>
CASES CITED
1. The King and Queen v. St. Johns College Cambridge 4 MOD. 233;
2. Adeyinka Albert Laoye v. The State SC.200/1984 delivered 25/10/85 (1985) 2 NWLR. (parts 10) p.382;
3. Sofekun v. Akinyemi & Ors. (1981) 1 NCNLR. 135 at 137; (1890) 5 SC.
4. Denloye v. Medical and Dental Practitioners Disciplinary Committee (1968) 1 All NLR. 306.
5. Peenock v. Hotel Presidential (1982) 12 SC.1
6. Legal Practitioners Disciplinary Committee v. Gani Fawehinmi (1985) 2 NWLR. 300 at 307
7. Glynn v. Keele University (1971) 2 All ER. 89 at 95 and 96
8. Kanda v. Government of the Federation of Malaya (1962) AC. 322 at 337.
9. State Civil Service Commission & Ors. v. Buzugbe (1984) 7 SC. 19
10. A.I. Wilson v. Attorney-General, Bendel State (1985) 1 NWLR. (Part 4) 572.
11. Akinsete v. Akindutire (1966) 1 All NLR. 147 at 148
STATUTES REFERRED TO
Fundamental Rights (Enforcement Procedure) Rules, 1979.
University of Maiduguri Act 1979
Constitution of the Federal Republic of Nigeria
