UNIVERSITY OF ILORIN V STEPHEN OLANREWAJU AKINOLA

CORAM

MAHMUD MOHAMMED     JUSTICE, SUPREME COURT

PARTIES

UNIVERSITY OF ILORIN APPELLANTS

STEPHEN OLANREWAJU AKINOLA

RESPONDENTS 

AREA(S) OF LAW

SUMMARY OF FACTS

The Plaintiff/Respondent, in the course of his studentship with the Defendant/Appellant, partook in student unionism as a result of which he had a problem with the Defendant/Appellant. The Plaintiff/Respondent obtained judgment against the Defendant/Appellant at the Federal high Court and initiated contempt proceedings against the Defendant/Appellant while the Defendant/Appellant also appealed against the said judgment. The Defendant/Appellant’s visitor, the President Commander in chief of the Armed Forces of the Federal Republic of Nigeria, mediated between the Plaintiff/Respondent and the Defendant/Appellant who dropped their legal actions. Although the terms of agreement were drawn to the effect that the Plaintiff/Respondent was pardoned by the Defendant/Appellant but that notwithstanding, the Defendant/Appellant continued to withhold the Plaintiff/Respondent’s result for administrative reasons. Aggrieved by the Defendant/Appellant, the Plaintiff/Respondent instituted an action against the Defendant/Appellant at the Federal High Court, llorin seeking inter alia an order of specific performance compelling the Defendant/Appellant to honour the terms of agreement signed between the Defendant/Appellant and Plaintiff/Respondent and release the Plaintiff/Respondent’s result to him. The trial Court entered judgment in favour of the Plaintiff/Respondent. The Defendant/Appellant appealed to the Court of Appeal where the appeal was dismissed. Still dissatisfied with the decision of the lower Court, the Defendant/Appellant appealed to the Supreme Court. ?

HELD

Appeal Dismissed

ISSUES

1. Whether the Lower court did not wrongly evaluate the evidence of facts and the exhibits against the Appellant which thereby occasioned a miscarriage of justice?

2. Whether the Lower Court was not wrong in holding that the judgment of the trial Court did not infer from the letter of pardon that the Respondent need not satisfy other requirements?

RATIONES DECIDENDI

PLEADINGS – BINDINGNESS OF PARTIES BY PLEADINGS

“Parties are bound by their pleadings and the case they present in those pleadings in the case to be considered by the Courts. Also in so far as pleadings do not contain admissions then the matters alleged must be proved in evidence.” PER PETER-ODILI, JSC

AWARD OF DEGREES AND CERTIFICATES – INSTANCES WHERE THE COURT CAN ENTERTAIN MATTERS PERTAINING TO THE AWARD OF DEGREES AND CERTIFICATES BY A UNIVERSITY

“However, although the general rule is that consideration for an award of degrees and certificates are in the domestic domain or jurisdiction of the universities, there are however, exceptions. Such exception is as happened in this case. That is to say, where the student has exhausted all avenues and entreaties, and the university is adamant, intransigent, as in neither releasing the result of the student nor giving good, substantial and verifiable reasons for withholding the result, even after the intervention by the visitor of the university, the student is entitled to approach the court for redress. In such circumstance, the court should not shy away from ensuring that the university authority abides by the Law setting up the Institution. Award of degrees and certificates should be done in accordance with the Instrument setting up the university and they should abide by international best practices on the issue. Certainly, it ought not to be on the whims and caprices of the personnel saddled with the responsibility.” PER OKORO, JSC

MISCARRIAGE OF JUSTICE – WHAT CONSTITUTES MISCARRIAGE OF JUSTICE

“The Law is well settled that what constitutes miscarriage of justice varies from case to case depending on the facts and circumstances. To reach the conclusion that a miscarriage of justice occurred, it does not require a finding that a different result necessarily would have been reached in the proceedings. It is enough if what happened is not justice according to law.” PER MUHAMMED, JSC

CASES CITED

None

STATUTES REFERRED TO

University of Ilorin Act. LFN Vol. 15, 2004

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