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FRANCIS TABAI & ANOR. V. THE VICE CHANCELLOR, RIVERS STATE UNIVERSITY OF SCIENCE AND TECHNOLOGY, PORT HARCOURT & ANOR.

(1997) JELR 47878 (CA)

Court of Appeal  •  CA/PH/81/96  •  4 Jun 1997  •  Nigeria

Coram
ALOYSIUS IYORGYER KATSINA-ALU JCA; RAPHAEL OLUFEMI ROWLAND JCA; MORONKEJI OMOTAYO ONALAJA JCA;

Judgement

KATSINA-ALU, J.C.A.: (Delivering the Leading Judgment): The appellants Francis Tabai and Prince Georgewell are students of the 2nd respondent. Following certain alleged violent incidents in the University on the 11th and 12th of July, 1995 the 1st respondent set up a panel to investigate the matter. The appellants were invited to appear and appeared before the panel. Meanwhile the Nigeria Police intervened in the matter and subsequently arraigned persons involved on both sides in the matter including appellants before a Magistrate's Court in Port Harcourt in charges Nos. PMC/1400C/95 and PMC/1401C/95 respectively on 9/11/95.

During the pendency of the criminal proceedings, the 1st respondent suspended the 1st appellant for one academic session and expelled the 2nd appellant altogether for their alleged involvement in the violent incidents. The letters conveying the decisions aforesaid were written on 13/11/95. On the 20/11/95 the appellants filed separate suits numbered PHC/276M/95 an…

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