Maritime lawyer, Barrister Osuala Emmanuel Nwagbara has dragged the Joint Admission and Matriculation Board (JAMB) before the Federal High Court sitting in Lagos for a breach of the constitutional right of candidates who sat for the JAMB and UTME examinations between 2009 and 2019.
Nwagbara, in a bid to halt the infringement of the fundamental right of 2009-2019 JAMB and UTME candidates, sought to restrain the Joint Admission and Matriculation Board (JAMB), the Minister of Education and the Attorney General of the Federation in the Suit No. FHC/L/CS/980/19 filed on 17th June 2019 with the title: Chief Osuala Emmanuel Nwagbara v. Joint Matriculation Board & 2Ors
Chief Osuala Emmanuel Nwagbara who is also the Managing Partner of the Maritime & Commercial Law Partners based in Apapa, Lagos is praying the court for a declaration that the administrative decision and action, of the 1st Respondent to probe into the credentials of Unified Tertiary Matriculation Examination candidates from 2009 to 2019 and to publish names of those who may have cheated is discriminatory, unconstitutional, null and void and an infringement of the constitutional right of fair hearing of the said candidates.
He also prayed the court for a declaration that the 1st Respondent having screened and cleared the Unified Tertiary Matriculation Examination candidates who partook in the examinations over the period 2009 to 2019, for university admission, cannot now in law turn round to suspect them as having cheated in the examinations.
Also sought from the court by Plaintiff are; a declaration that the 1st Respondent having screened and cleared the Unified Tertiary Matriculation Examination candidates who partook in the examinations over the period 2009 to 2019, for university admission, cannot now probe their university admission pre-qualification credentials and/or take any other steps and/or actions that may be injurious to the interest of all such persons.
A declaration that the 1st Respondent having screened and cleared the Unified Tertiary Matriculation Examination candidates who partook in the examinations over the period 2009 to 2019, for university admission, cannot now publish the names of such persons as persons who may have cheated in the university admission pre-qualification examinations s and/or take any other steps and/or actions that may be injurious to the interest of all such persons.
Barr. Nwagbara therefore sought for an order of perpetual injunction restraining the Respondents from carrying out their decision and/or action, against the said candidates by way of probing into the credentials of Unified Tertiary Matriculation Examination Candidates from 2009 to 2019.
He further prayed the court for an order of perpetual injunction restraining the Respondents from carrying out their decision and/or action, against the said candidates by way of publishing the names of such persons as persons who may have cheated in the university admission pre-qualification examinations and/or take any other steps and/or actions that may be injurious to the interest of all such persons.
Also prayed for is an order nullifying any decision, action or step already taken, in execution of the Respondents administrative decisions and/or actions, to probe into the credentials of Unified Tertiary Matriculation Examination Candidates from 2009 to 2019, and to publish names of those who may have cheated as same is discriminatory, unconstitutional, null and void and an infringement of the constitutional right of fair hearing of the said candidates.
The suit which has been assigned to Hon. Justice Saliu Saidu of the Federal High Court, Lagos Division has been slated for hearing on 24th September 2019.
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