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FEDERAL REPUBLIC OF NIGERIA V. TAWAKALITU & 9 ORS.

(2013) JELR 58151 (SC)

Supreme Court  •  31 May 2013  •  Nigeria

Coram
IBRAHIM TANKO MUHAMMAD, JSC C. MITCHELL CHUKWUMA-ENEH, JSC SULEIMAN GALADIMA, JSC CLARA BATA OGUNBIYI, JSC STANLEY SHENKO ALAGOA, JSC

Appearances
J. A. Mumini, Esq. DPP, Ministry of Justice, lIorin - for the Appellant Chief R. O. Ashaolu, Esq - for the 1st Respondent. Tunde Olomo, Esq. - for the 2nd, 8th and 9th Respondents R. O. Balogun, Esq.- for 4th - 6th Respondents Salman Jawando, Esq. - for the 3rd, 7th and 10th Respondents

Judgement

CHUKWUMA-ENEH, JSC (Delivering the Leading Judgement): The 2nd to 10th respondents (otherwise designated as the respondents herein) have been lecturers in the employment of the Federal Polytechnic Offa, an institution set up under the Federal Polytechnic Act, Cap. F17, Laws of the Federation of Nigeria, 2004. The said respondents have been arrested by men of the State Security Service (SSS) and arraigned before the Federal High Court, Ilorin, on a twelve- count charge of Examination Malpractices contrary to and punishable under sections 6 and 9 of the Examination Malpractices Act, Cap.F15, Laws of the Federation of Nigeria, 2004. The crux of the allegation against the respondents is that they have awarded marks to the 1st respondent (Raji Shade Tawakalitu indiscriminately culminating in awarding her a degree by which means she has been recommended for the National Youth Service when she is not able to complete the relevant forms given to her at the NYSC camp and equally unable to comm…

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