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DR. H.M.G. EZENWAJI V. UNIVERSITY OF NIGERIA (UNN) & ORS

(2005) JELR 47927 (CA)

Court of Appeal  •  CA/E/119/2001  •  24 Nov 2005  •  Nigeria

Coram
JAMES OGENYI OGEBE JCA; SULEIMAN GALADIMA JCA; OLUFUNLOLA OYELOLA ADEKEYE JCA;

Appearances
Professor R.A.C.E. Achara For Appellant Chief (Dr.) Ejike Umeh, SAN (with him, P. Okoli, Esq.) For Respondent

Judgement

ADEKEYE, JCA (Delivering the Leading Judgment): This is an appeal against the ruling of the Federal High Court, Enugu, delivered on the 20/11/2000, in suit No. FHC/EN/CP/201/2000. The court by that decision discharged the interim order of injunction it earlier granted on 23/1012000 and also struck out the substantive action, an application/originating motion for judicial review filed on 24/10/2000. The applicant Dr. Ezenwaji for himself and on behalf of the Academic Staff Union of the University of Nigeria, Nsukka Branch (ASUU-UNN) being aggrieved by this order filed an appeal in this Court.

It is however imperative to state the brief facts leading to the decision of the Federal High Court made in respect of suit. No. FHC/EN/CP/201/2000 now subject of this appeal. The violent students' demonstration in the Nsukka Campus of the University of Nigeria on the 12/7/2000, led to the closure of the University. The Governing Council promptly set up an ad hoc committee to look into the crisis.…

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