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CHIEKWE IKWUNZE ESIAGA V. UNIVERSITY OF CALABAR & ORS.

(2004) JELR 45002 (SC)

Supreme Court  •  SC.52/1999  •  2 Apr 2004  •  Nigeria

Coram
SALIHU MODIBBO ALFA BELGORE JSC; UMARU ATU KALGO JSC; DAHIRU MUSDAPHER JSC; DENNIS ONYEJIFE EDOZIE JSC; IGNATIUS CHUKWUDI PATS-ACHOLONU JSC;

Judgement

PATS ACHOLONU, J.S.C. (Delivering the Leading Judgment):The appellant in this case was a final year student in the Department of Political Science in the University of Calabar, as well as being the speaker of the students Union Parliament of the University of Calabar, and at one time the President of the Political Science Students Association of the University. He had instituted an action in Calabar High Court Division praying the court for an order for the enforcement of his fundamental rights as provided in the 1979 Constitution, the matter having been commenced sometime in 1991.

The grouse or the complaint of the appellant was that the respondents representing the University authority had illegally suspended him on the ground that they discovered certain incriminating materials in his possession and obviously in his control in a room which he shared with some other students. The discovery of the alleged incriminating materials led the University to suspend him indefinitely as he c…

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