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CaseLaw

WAEC Vs. Akinkunmi (2008) CLR 4(k) (SC)

Judgement delivered on April 11th 2008

Brief

  • Ground of appeal
  • Fundamental Rights (Enforcement Procedure) Rules 1979
  • Claim

Facts

This action was initiated at the Lagos Division of the High Court of Lagos State by way of a Motion Ex-parte filed on the 5th of October 1999. The Applicant therein is the Respondent in this appeal. The Respondent therein is the Appellant here. The application was brought under Section 46(1) and (2) of the 1999 Constitution and Order 1 Rules 2 and 3(1) of the Fundamental Rights Enforcement Procedure Rules 1979. In the Application, the Respondent sought the leave of the Court to bring an application for the enforcement of his fundamental right of fair hearing.

Leave was granted and pursuant thereto the Respondent, on the 20th October 1999, filed a Motion on Notice. The reliefs sought were:

  • i
    A DECLARATION that the cancellation of the results obtained by the Applicant in the May/June 1992 Senior School Certificate Examination by the Respondent is illegal, unconstitutional null and void as same violates the Applicant's right to fair hearing guaranteed by Section 36 of the Constitution of the Federal Republic of Nigeria 1999 and Article 7 of the African Charter on Human and People's Rights (Ratification and Enforcement) Act Cap.10, Laws of the Federation of Nigeria 1990.
  • ii
    AN ORDER quashing the decision of the Respondent to cancel the said results and compelling the Respondent to issue the Applicant a certificate based on the said results.
  • iii
    AN ORDER compelling the Respondent to furnish the Admission Office of University of Ilorin the purportedly cancelled results of the Applicant in the said May/June 1992 Senior School Certificate Examination forthwith.

The application contained a 23 paragraph Statements of Facts to which were attached Exhibits A, B, C and D. In opposing the application the Appellant filed a 30 paragraph counter affidavit to which were attached Exhibits PE1, PE2, PE3 and PE4. The parties, through their counsel filed and exchanged written addresses. In its ruling on the 12th September 2002 the application was granted by the trial Court. Dissatisfied, the Appellant went on appeal to the Court below. By its judgment on the 8th April 2002, the appeal was dismissed.

Still aggrieved, the Appellant has come on appeal to this Court.

Issues

Whether the Respondent's complaint or claim against the cancellation and/or...

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