FRANK UWAGBOE V THE STATE
May 30, 2025OGLI OKO MEMORIAL FARMS LIMITED & ANOR V NIGERIAN AGRICULTURAL AND CO-OPERATIVE BANK LIMITED
May 30, 2025Legalpedia Citation: (2008) Legalpedia (SC) 11041
In the Supreme Court of Nigeria
Fri Apr 11, 2008
Suit Number: SC. 306/2002
CORAM
COKER CHIEF JUSTICE OF NIGERIA
HON. JUSTICE M.A.OWOADE JUSTICE, COURT OF APPEAL
ALOYSIUS IYORGYER KATSINA-ALU, JSC, JUSTICE, SUPREME COURT
PARTIES
WEST AFRICAN EXAMINATION COUNCIL APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The respondent instituted action against the appellant for cancellation of his result with which she had entered the university under the fundamental human rights enforcement procedure rules.
HELD
The court held that the respondent’s action was wrongly initiated and therefore incompetent.
ISSUES
Whether the Respondent’s complain or claim against the cancellation and/or withdrawal of her Senior School Certificate (SSCE) result by the Appellant could be validly brought by an application under the Fundamental Rights (Enforcement Procedures) Rules 1979, wherein the violation of Section 36 (1) of the Constitution of the Federal Republic of Nigeria, 1999 and Article 7 of the African Charter on Human and Peoples’ Rights is being alleged?
RATIONES DECIDENDI
WHEN ACTION CAN BE COMMENCED UNDER THE FUNDAMENTAL HUMAN RIGHTS (ENFORCEMENT PROCEDURE) RULES
For an action to be competently commenced and determined under the fundamental rights procedure, the main or principal claim therein must be enforcement or securing the enforcement of a fundamental right otherwise the jurisdiction of the court cannot be invoked by the procedure – Onnoghen J.S.C
CASES CITED
1. Tukur v. Government of Taraba State (1997) 6 NWLR (Part 510) 5492. Egbuonu v. Borno Radio Television Corporation (1997) 12 NWLR (Part 531) 29 3. Sea Trucks (Nig) Ltd v. Anigboro (2001) 2 NWLR (Part 696) 159 at 182, (2001) 2 SCM, 168.
STATUTES REFERRED TO
None.
