DR. H.M.G. EZENWAJI (FOR HIMSELF FOR AND OR BEHALF OF THE ACADEMIC STAFF UNION OF UNIVERSITIES, UNIVERSITY OF NIGERIA NSUKKO BRANCH ASUU- UNN) V. UNIVERSITY OF NIGERIA (UNN) PROF. F.N.C. OSUJI (FOR HIMSELF, FOR AND OR BEHALF OF THE COUNCIL; UNN) BARRISTER K. M. MAGAJI (FOR HIMSELF, FOR AND ON BEHALF OF THE “JOINT COUNCIL/SENATE COMMITTE OF INVESTIGATION INTO ALLEGED ROLES PLAYED BY SOME STAFF OF THE UNIVERSITY DURING THE VIOLENT STUDENTS’ DEMONSTRATION OF 12 JULY 2000) PRO. G. F. MBANEFOH (FOR HIMSELF, FOR AND ON BEHALF OF THE SENATE, UNN) MRS. G. I. ADICHIE

EKO, JSC (DELIVERING THE LEADING JUDGMENT): The Court of Appeal, Enugu Division (the court below) delivered its judgment in the appeal No. CA/E/119/2001 on 24 November 2005. It refused to set aside the decision of the Federal High Court striking out the suit No. FHC/EN/CP/201/2000 instituted by the appellants, as applicants for judicial review of some administrative actions of the respondents. The grouse of the appellants, expressed in their appeal to the court below, was that the trial court did not hear, or failed to hear, them before the suit No. FHC/EN/CP/201/ 2000 was struck out for being an abuse of court process on account of the subsistence of an earlier suit No. FHC/CP/149/2000. The court below agreed with the appellants that they were not heard or given an opportunity to be heard before their latter suit was struck out. It nonetheless dismissed the appeal of the appellants for lacking in merits and awarded against them, ₦5,000,000.00 (five million naira) as costs. This fur…