THE WEST AFRICAN EXAMINATION COUNCIL V. MR. KING UDIKA

GARBA JCA (Delivering the Lead Judgment): By originating summons dated 30 January 2001, the respondent had dragged the appellant before the Federal High Court, Port Ilarcourt, asking for the following declarations and orders against the appellant:

“(a) A declaration that the withdrawal and cancellation of the result obtained by the plaintiff in the May/June, 1993 Senior School Certificate Examination by the defendant vide the defendant’s letter dated 2 September 1994 is illegal, unconstitutional, null and void as it violates the plaintiff’s right to fair hearing guaranteed by section 36 of the Constitution of the Federal Republic of Nigeria, 1999 and Article 7 of theAfrican Charter on Human and Peoples Rights (Ratification and Enforcement) Act, Cap. 10, Laws of the Federation of Nigeria, 1990.

A declaration that the non-inclusion of the name of the plaintiff and the result obtained by him in the said Senior School Certificate Examination in the result booklet forwarded to the Universi…