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NATIONAL EXAMINATION COUNCIL (NECO) v. SUNDAY OJO TOKODE

(2010) JELR 47805 (CA)

Court of Appeal  •  CA/PH/376/2007  •  15 Mar 2010  •  Nigeria

Coram
SULEIMAN GALADIMA (OFR) JCA; TIJJANI ABDULLAHI JCA; EJEMBI EKO JCA;

Judgement

SULAIMAN GALADIMA, J.C.A. (Delivering the Leading Judgment): The Plaintiff, now the Respondent herein, commenced the suit vide a writ of summons filed on 15/2/2006, against the Appellant who was the Defendant, an Examination body established by the Federal Government of Nigeria vide of NECO Act of 2002.

The Defendant is a body corporate having statutory powers and function over the general control of the conduct of Internal and External Senior Secondary School Certificate and West African Certificate Examinations. It has its Port Harcourt office along Creek Road Port Harcourt, Nigeria.

The plaintiff was admitted into Government secondary School Onne in Eleme Local Government Area of Rivers State in the year 1998 as a Senior Secondary 1 (SS1) student to read for his Secondary Certificate.

During his final year in 2000 the Plaintiff registered for the senior Secondary School Exanimation (otherwise known as NECO Examination) for Mathematics, English Language, physics, chemistry, Biology,…

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