On the case between ASUKUTI IBRAHIM ABDULLAH AND THE SENATE COUNCIL, STUDENT UNION, UNIVERSITY OF ILORIN WITH THE INDEPENDENT STUDENTS’ ANTI-CORRUPT PRACTICES COMMISSION (ISAPC) with suit number SUJ/001/2018, was instituted by the Students Union Welfare Secretary who was suspended by the Senate Council for alleged embezzlement of funds among other things.
After the arguments of both the claimant and defendants, the court gave its decision with a majority of 2:1 in favor of the claimant, while the minority decision which was the lead judgment was in favor of the defendants. By the majority decisions, the following orders were made by the court:
1. A declaration of this honourable court that the 1st defendant lacks the power to assume criminal jurisdiction.
2. A declaration of this honourable court that the 1st defendant lacks the power to give suspension order on the basis of fallen short of duties which is consequent upon an alleged criminal offence.
3. A declaration of this honourable court voiding and pronouncing the suspension of the claimant as one which contravenes the law and as such rendering it ultra vires, illegal, unconstitutional, null and void of no effect whatsoever.
4. An order of this honourable court that the claimant be paid all salaries and allowances entitled and accruable to him and his office for the period he was suspended from office.
5. A declaration of this honourable court that the 2nd defendant‘s act is not ultra vires.
6. A declaration of this honourable court that the 2nd defendant does not owe the claimant fair hearing.
7. A declaration of this honourable court that no act of the 2nd defendant constitutes defamation to the character of the claimant.
8. A declaration of this honourable court that the 1st defendant accorded the claimant fair hearing.
9. A declaration of this honourable court that the 1st defedant’s act do not constitute a defemation of the claimant’s character.
For full document contact UCJ Unilorin.