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BUKOLA OLUWASEUN OLUTAYO V. FEDERAL UNIVERSITY OF TECHNOLOGY, MINNA & ORS

(2007) JELR 47206 (CA)

Court of Appeal  •  CA/A/136/06  •  3 Jul 2007  •  Nigeria

Coram
OLUFUNLOLA OYELOLA ADEKEYE JCA; OYEBISI FOLAYEMI OMOLEYE JCA; ABDU ABOKI JCA;

Judgement

ABOKI, JCA (Delivering the Leading Judgment): This is an appeal from the decision of the Niger State High Court No.5 Minna delivered on 19/6/2006 by Maria Sanda-Zukogi J.

The suit at the lower court relates to the breach of appellant's fundamental right to fair hearing resulting from her expulsion from Federal University of Technology, Minna (1st respondent). The suit was brought under Order 2 rule 1 of the Fundamental Rights (Enforcement Procedure) Rules, 1979. The applicant prayed for the following reliefs:

"(1) An order declaring applicant's suspension and subsequent expulsion as being in breach of her constitutional right to fair hearing and are therefore, null and void and of no effect.

(2) An order directing the respondent to within 7 days of the order of the court serve on the applicant:

(a) a letter withdrawing the purported letter of expulsion of the applicant from the Federal University of Technology, Minna;

(b) a letter recalling her to the Federal University of Technology,…

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