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UNIVERSITY OF AGRICULTURE, MAKURDI & ORS v. MR. JOSEPH TERVER SUGH

(2021) JELR 107152 (CA)

Court of Appeal  •  CA/MK/173/2020  •  11 May 2021  •  Nigeria

Coram
Ignatius Igwe Agube, JCA Cordelia Ifeoma Jombo-Ofo, JCA Yargata Byenchit Nimpar, JCA

Judgement

IGNATIUS IGWE AGUBE, J.C.A. (Delivering The Leading Judgment): This Appeal emanates from the judgment of the High Court of Benue State sitting at Makurdi and delivered by the Hon. Justice W. I. Kpochi on the 27th of July, 2020 wherein the trial Judge entered judgment in favour of the Respondent, upon his Application for Enforcement of his Fundamental Rights. Dissatisfied with the decision of the lower Court, the Appellants invoked the jurisdiction of the Court by filing a Notice of Appeal on the 9th of September, 2020 containing four (4) Grounds which I reproduce without their particulars below, to wit:

“GROUND 1:

The learned trial Judge erred in law when he held on page 14, line 10 to page 15, lines 1 – 24 of his judgment as follows:

“The Senate rather capriciously decided to order the Applicant expelled from the University without giving Applicant any hearing.

The facts of this case are similar to FUTMINNA v. OLUTAYO (2018) 7 NWLR (Pt. 1617) 176 in which case the Senate of the Federal U…

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