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Administrative Law Case 2014 Uniilorin v Akinola

UNIVERSITY OF ILORIN - Appellants

AND

STEPHEN OLANREWAJU AKINOLA - Respondents

---

Summary

This appeal is against the decision of the Ilorin Division of the Court of Appeal also herein after referred to as the Court below or Lower Court, which judgment was delivered on the 8th day of June, 2007 upholding the decision of the trial High Court. The Plaintiff is a student of the University of Ilorin. He was admitted into the University in 1995 to study Statistics. His Matriculation No. is 95/043061. The Defendant is a University created and funded at public expense by the Federal Government of Nigeria and incorporated by and in the University of Ilorin Act Cap. 455 of the Laws of the Federation of Nigeria, 1990. The Plaintiff/Respondent undertook a course of study for the award of a B.Sc. Degree in Statistics with the Defendant/Appellant between the year 1995 and the first quarter of the year 1999. In the course of his studentship with the Defendant/Appellant, he also partook of student unionism as a result of which he had a problem with the Appellant which led to a legal dispute in an earlier Suit NO. FHC/IL/M.17/98 which ended in his favour. The Defendant/Appellant refused to obey the judgment in the said suit for which reason the Plaintiff/Respondent commenced contempt proceedings against the Defendant/Appellant which then lodged an appeal against the said Judgment. Both contempt proceedings and the appeal were still pending when the Defendant's visitor, the President of the Federal Republic of Nigeria set up a committee known as the "Resolution Committee on Politically Victimized and Rusticated Students" headed by a Special Adviser to the President on Education, Chief S.K. Babalola, to mediate and conciliate the parties. The parties presented their case to the Presidential Committee and terms of settlement were agreed upon by which the Defendant agreed to pardon the Plaintiff/Respondent for whatever wrongs he was alleged to have committed subject to his fulfilling certain spelt out conditions. The Plaintiff/Respondent fulfilled the conditions set for his pardon, withdrew his contempt proceedings in Suit No. FHC/IL/M.17/98; and the Defendant/Appellant on the other hand notified the Plaintiff/Respondent of his pardon which was announced to the University Community, and abandoned its appeal against the judgment in that suit. The Defendant/Appellant despite repeated demands and pleas had since then continued to withhold the Plaintiff/Respondent's result without any official explanation other than that it was for "administrative and not disciplinary case". The Defendant had since that time continued to withhold the Plaintiff/Respondent's academic records. The reliefs as sought by the Respondent herein as Plaintiff are thus:- "(a) A DECLARATION that the Defendant is statutorily obliged to grant degrees to persons who have pursued a course of study approved by it and satisfied such other requirements as it may lay down. (b) A DECLARATION that it is illegal for the Defendant, either directly or surreptitiously, to require any person to satisfy any requirement as to religious or political persuasion to be or continue to be a student and the holder of any degree of the Defendant University. (c) A DECLARATION that the Plaintiff, having pursued and completed a course of study for the award of a B,Sc. Degree in Statistics, and also satisfied all other requirements prescribed by the Defendant and made known by it to the Plaintiff, is entitled to be awarded the same. (d) A DECLARATION that the Plaintiff is entitled to be given the full particulars of, and afforded an opportunity to defend himself on any "administrative... case" alleged to be pending against him or claimed by the Defendant to be responsible for the withholding of his academic records. (e) A DECLARATION that the withholding of the Plaintiff's academic records since 1998 when he completed the course of study prescribed by the Defendant for the award of a B.Sc. Degree in Statistics for reason of an alleged "administrative.... case" stated in the Defendant's letter Ref. No. UI/RO/D.14 dated 13th May, 2002 is capricious, oppressive, illegal, unlawful, and constitutes a gross abuse of the Defendant's statutory powers as contained in the University of Ilorin Act, Cap. 455 of the Laws of the Federation of Nigeria, 1990. (f) A DECLARATION that the withholding of the Plaintiff's academic records since 1998 when he completed the course of study prescribed by the Defendant for the award of a B.Sc. Degree in Statistics for reason of an alleged "administrative.... case" stated in the Defendant's letter Ref. No. UI/RO.D.14 dated the 13th May, 2002 is punitive and in breach of the Defendant's right to a hearing before condemnation and punishment. (g) AN ORDER of specific performance of the agreement brokered at the instance of the Defendant's visitor, the President Commander in chief of the Armed Forces of the Federal Republic of Nigeria, whereby the parties agreed that the Plaintiff shall apologise for his student union activities and pay a restitution in the sum of N1,000.00 to the Defendant and the Defendant in consideration thereof shall restore to the plaintiff all the rights reserved for him as a member of the Defendant-University under the University of Ilorin Act, Cap. 455 of the Laws of the Federation of Nigeria, 1995, which agreement was subsequently notified by the parties to and judicially noticed by the Court on the 29th day of October, 2001 in suit No. FHC/IL/M.17/98. (h) AN ORDER of mandamus compelling the Defendant to remove forthwith all the administrative (or like) impediments alleged by it to have prevented, and to take all the administrative (or like) steps required for the release of the Plaintiff's academic records including the Degree to which his completed course of study with the Defendant entitles him, and for the release of all said academic record and Degree forthwith. (i) DAMAGES, on a footing of exemplary damages, in the sum of N30,000,000.00." Two issues for determination was formulated thus; 1.Whether the Lower court did not wrongly evaluate the evidence of facts and the exhibits against the Appellant which thereby occasioned a miscarriage of justice. 2.Whether the Lower Court was not wrong in holding that the judgment of the trial Court did not infer from the letter of pardon that the Respondent need not satisfy other requirements. In conclusion,the two issues raised having been without difficulty resolved in favour of the Respondent and against the Appellant.The learned justice held that this appeal is devoid of merit and was accordingly dismissed.The judgment of the Court of Appeal was upheld and the decision and orders of the trial High Court affirmed.

credit Law Pavillion

on the Definition of a Director Case of LOnge v FBN PLc

PRINCIPLE--Director

"Section 244(1) of C.A.M.A. defines a director thus: "Meaning of directors. Directors of a company registered under this Act are persons duly appointed by the company to direct and manage the business of the company." (underlining mine) The statutory definition of directors above does not recognize the nomenclature raised by the court below as between executive and non-executive directors. Rather directors are those appointed by the company "to direct and manage the business of the company." How does one conclude that a 'managing director/chief executive' of a company is not a director of the company? The truth of course is that under any definition a, managing director is the directing mind and will and the alter ego of the company through which the company acts. It is indeed by virtue of his office that the plaintiff was able to give out some substantial amount as loan on behalf of the defendant. As I observed earlier, it is fair to say that the defendant on their pleadings did not plead that the plaintiff was not their director." Per OGUNTADE, JSC. (Pp. 53-54, paras. E-C)

 

 

LONGE V. FBN PLC

(2010) LPELR-1793(SC)

RELOCATE YOUTH'S TELL TB JOSHUA

The founder of Synagogue Church of All Nations, SCOAN, Pastor Temitope Joshua has been urged to quickly relocate home in continuation of his pastoral duties.

This advice was given by the Youths in Arigidi-Akoko in Akoko Northwest local government of Ondo State, the home town of pastor T.B Joshua.
The youths also urged the federal government to constitute a high- powered panel to carry out independent investigations on the guest house that collaspsed

The concerned youths under the aegis of Congress of Akoko Youths (CAY)in a statement signed by its President, Babatunde Momoh and Trustees Chairman, Olanipekun Olugbenga decried the move by some government agents to distort facts by deliberately shifting blames of the saboteurs to T.B Joshua.

Revealed!!! See who is Representing Nigeria at this Year's Big Brother Africa

Nigeria’s representative at the Big Brother Africa 2014 has been revealed as Lilian .She is a 22 year old model,actor presenter and Tax collector ..According to Big Brother website Known as ‘SexyLeeLee’ to her friends, Lillian entered Big Brother Hotshots for “the platform it provides, the publicity that comes with it and the money” she says. She’s not willing to sell herself short to win the grand prize. If she does win, she’ll invest in her talk show, which she explains is about “helping upcoming talent”. Lilian’s favourite foods are….

Fast Rising Comedian-LEGEND to HOST UJAY MUST LAUGH

Fast Rising Mc and Comedian Legend is taking comedy to another level, he has before now shown why he is a legend and its about to get down in University of Jos again
errrrrrrm UJAY MUST LAUGH!!!!!!!!!!!
see the poster below
dont miss it for anything
yes YOB is a proud supporter
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MORE IMages from Comedy goes to school

MUST SEE! Images of Comedy goes to school by mc sabi sabi

laughter today at mc Sabi sabi comedy goes to school
see images below

Good news! All students and lecturers must read this

Universities, polytechnics and colleges of educations owned by the federal and state governments were on Tuesday presented allocation papers with which they can access this year’s Tertiary Education Trust Fund, TETFUND worth N135billion. Just before making the presentation, the Minister of Education, Mallam Ibrahim Shekarau in an address disclosed that public universities will be getting N912million apiece; N661 million will go to each of the polytechnics while each college of education owned by federal and state government will be accessing N581million regular intervention funds. This happened at the 2014 Strategic Planning Workshop for benefiting institutions staged at the Idris Abdulkadir Auditorium in the National Universities Commission headquarters in Abuja. The event attracted vice chancellors, rectors, provosts and other principal officers of tertiary institutions across the country. The Executive Secretary of the National Universities Commission was represented, as he was said to have gone on an inspection tour of new universities in the country. At least we can now be sure there won't be ASUU or ASUP strike for the next one year.

#Brinkbackour12soldiers

Yesterday, 12 Nigerians soldiers were sentenced to death by a court martial for their part in the mutiny that took place in Maiduguri, Borno State, when they protested internal sabotage in the war against Boko Haram, inadequate motivation, poor welfare and deliberate setting them up to be ambushed by the insurgents by their commanders. These are men who only acted out of frustration following the death of their colleagues. They observed, like several other Nigerians, that Nigeria is richer than Boko haram and all their sponsors, so why should they (boko haram) be more equipped and armed than the Nigerian military? How do they (boko haram) get information on the plan and movement of our soldiers? These are the questions which have been on the mind of these fearless soldiers but which they could not express due to fear of punishment from their superiors. However, the continuous killing of their colleagues by the insurgents forced out all they had in mind. Though they took it a bit far, these men protested, accusing their GOC of being the goat in sheep clothing. Though there are unconfirmed information that the accused the GOC has been quietly withdrawn from the post, the questions many Nigerians are asking are when will he also be taken to court for betraying his men, and indeed the whole nation? When will he be questioned on his relationship with the sect? As it has always been the case in Nigeria, laws are only made for the weak and defenceless members of the society. But these sentenced soldiers are not weak, they are strong with the masses behind them. They are not defenceless, the masses can and should rise to their defence. Nigerians must all rise to condemn the death sentence against these soldiers. Human right activists and groups must come together to ensure that this judgment is not actualised. All Nigerians via all available social media platforms should speak against this judgment. These soldiers must not die. They are still needed in the Nigerian military! They are still neede in the fight against boko haram. #bringbackour12soldiers

JUST IN! Synagogue building collapses

A building reportedly owned by Synangogue Church Of All Nations collapsed today killing scores, leaving many injured and others trapped. The building is said to be situated behind the church auditorium in Ikotun area of Lagos state. Some members of the church and construction workers who were at the premises at about 2 p.m were reported to have been casualties of the collapse when it occured. According to PM News, four ambulances have been loaded with victims and driven straight to the hospital while the dead ones were taken to the mortuary. The T.B Joshua owned church is yet to give an official statement concerning the tragic incident.

Unbelievable! Federal government to ban "kpomo"

Indications have emerged that the Federal Government may soon be banning the sale and consumption of hides and skins (kpomo) which is a delicacy to most Nigerians. According to Vanguard, this indication emerged on Tuesday, September 9, when Minister of Agriculture and Rural Development, Dr. Akinwunmi Adesina called for competent regulations that would check the consumption and sale of the product. Speaking at the 3rd joint anniversary of Animal Science Association of Nigeria (ASAN) and Nigeria Institute of Animal Science (NIAS) held at the University of Ibadan, Dr. Akinwumni noted that hides and skins ought to be tanned into leather for a very high profit return to the farmer and tanneries. According to him, if this is achieved, livestock farmers would stand good chances of making high profit returns. What do you think about this development? Should kpomo be converted from the meat that we enjoy consuming to leather to generate more profit for our farmers?

OMG MUST SEE! UNIJOS 100 level AWARD Nomination List

okay the 100 level Nominee list is out get ready to start Voting
Let the countdown begin
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yemiolaniyan blog is definitely a proud supporter

MUST WATCH- COMDEY SKIT BY MC sabisabi

well if you saw the first skit by mc sabi sabi and you were happy and laughing, hmmmm now get ready to be blown of because this one is very crazy. you go see were "ukwu dey cure blidness" dont forget its going down on the 21st of September be there and be part of comedy goes to school
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SAD!!! 9-year-old girl kills shooting instructor

A routine shooting lesson turned fatal when a young girl mistakenly killed her instructor. 39-year-old Charles Vaccawas teaching the girl how to use an Uzi rifle when she accidentally shot him in the head. The lesson was reportedly going fine until the gun was set to the “fully automatic” mode. The weapon then recoiled, went over the child’s head and discharged a bullet killing the teacher. I wonder why such a little girl was made to undergo such training in the first place. Is this not some form of child abuse? Anyway, may the soul of the departed rest in peace.

MUST READ (OMG) Open letter to V.C of University of Jos

I stumbled upon this letter and decided to share. Read below
AN OPEN LETTER TO THE VICE-CHANCELLOR, UNIVERSITY OF JOS, PROFESSOR HEYWARD BABALE MAFUYAI.
 
     Warm tidings in the name of Aluta and from the cross of Victoria.
   

REVEALED!!!! WHO IS FELIX ATTAH (MUST READ)

Who is Felix Attah A.K.a (FLEX)

They say an Iroko tree is very stubborn to cut down and even difficult to bring down, well that is Felix Attah, he is a stubborn man for Nigerian students, he believes and thrives on the fundamental principle that Nigerian students should be informed first

Felix Attah is called Oracle not because he has a shrine somewhere but because he is a born Orator who cannot but voice out his dismay at certain “dastardous” acts and fight for Nigerian Students, No wonder he cannot talk without saying “an Injury to One is an Injury to all”

Dogged, wise, calculative, compassionate, uncompromising, patient, generous, are but a few of his qualities, he is also a team player and a political strategist but he has been with the NANS spirit since his childhood

'NAIJA STREET CHAMP' Vote Rodney

 Wassup people, pls vote 4 this talented Rapper.. @Rodney_BS as winner of the on going street talent hunt in Lagos....
'NAIJA STREET CHAMP'
The Grand Finale is on 26th July, 2014..and he needs all your support by txtin WINNER RODNEY to 33140 or visit http://bit.ly/1ovSL1S Godbless...
Here is his Voting Plea Video for download...thanks as you support him and Godbless once again...
abeg download and watch his plea below

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check out and Vote RODNEY

Wassup people, pls vote 4 this talented Rapper.. @Rodney_BS as winner of the on going street talent hunt in Lagos....

'NAIJA STREET CHAMP'

The Grand Finale is on 26th July, 2014..and he needs all your support by txtin WINNER RODNEY to 33140 or visit http://bit.ly/1ovSL1S Godbless...

Here is his Voting Plea Video for download...thanks as you support him and Godbless once again...

Abeg he has been certified by me

BET AWARDS (NOMINEES AND WINNERS)

The BET awards has come and gone. In case you missed the fun, I've got scoops for ya!!! It was a breakthrough for new comers like Lupita who got "Best actress" cc her first movie after school;12 years a slave which also received best movie. Nicki has been winning best female rapper since 2010. It surprised me that John Legend didn't receive an award for the much loved "All Of Me". Here is the list of Nominees with the winners: Best Female R&B/Pop Artist Beyonce (WINNER) Janelle Monae Jhene Aiko K. Michelle Rihanna Tamar Braxton Best Male R&B/Pop Artist Pharrell Williams (WINNER) August Alsina Chris Brown John Legend Justin Timberlake Best Collaboration Beyonce feat. Jay Z – "Drunk in Love" (WINNER) August Alsina feat. Trinidad Jame$ – "I Luv This" Drake feat. Majid Jordan – "Hold On (We're Going Home)" Jay Z feat. Justin Timberlake – "Holy Grail" Robin Thicke feat. T.I. & Pharrell Williams – "Blurred Lines" YG feat. Jeezy & Rich Homie Quan – "My Hitta" Best Movie 12 Years a Slave(WINNER) The Best Man Holiday Fruitvale Station Kevin Hart: Let Me Explain Lee Daniels' The Butler Best Actress Lupita Nyong’o (WINNER) Angela Bassett Gabrielle Union Kerry Washington Oprah Winfrey Best Actor Chiwetel Ejiofor (WINNER) Forest Whitaker Idris Elba Kevin Hart Michael B. Jordan Video of the Year Pharrell Williams – "Happy" (WINNER) Beyonce – "Partition" Beyonce feat. Jay Z – "Drunk in Love" Chris Brown – "Fine China" Drake – "Worst Behavior" Best Male Hip-Hop Artist Drake (WINNER) Future J. Cole Jay Z Kendrick Lamar Best Female Hip-Hop Artist Nicki Minaj (WINNER) Angel Haze Charli Baltimore Eve Iggy Azalea Best Group Young Money (WINNER) A$AP Mob Daft Punk Macklemore & Ryan Lewis TGT Subway Sportsman of theYear KevinDurant (WINNER) Floyd Mayweather Jr. Carmelo Anthony Blake Griffin LeBron James Subway Sportswoman of the Year Serena Williams (WINNER) Brittney Griner Lolo Jones Skylar Diggins Venus Williams Best Gospel Artist Tamela Mann (WINNER) Donnie McClurkin Erica Campbell Hezekiah Walker Tye Tribbett BestNew Artist August Alsina (WINNER) Ariana Grande Mack Wilds Rich Homie Quan ScHoolboy Q YoungStarsAward Keke Palmer (WINNER) Gabrielle Douglas Jacob Latimore Jaden Smith Zendaya Centric Award Jhene Aiko – "The Worst" (WINNER) Aloe Blacc – "The Man" Jennifer Hudson feat. T.I. – "I Can't Describe (The Way I Feel)" Best International Act: UK Krept & Konan (WINNER) Dizzee Rascal Ghetts Laura Mvula Rita Ora Tinie Tempah Video Director of the Year Hype Williams (WINNER) Benny Boom Chris Brown Colin Tilley Director X Best International Act: Africa Davido (Nigeria) (WINNER) Diamond Platnumz (Tanzania) Mafikizolo (South Africa) Sarkodie (Ghana) Tiwa Savage (Nigeria) Toofan (Togo)

Breaking News! Governor Amaechi has been arrested

Read the press statement below

The Rivers State Government is concerned about the safety of Governor Amaechi who is right now being held hostage commando style by soldiers and federal government security agents in Odudu, Ondo state.
Governor Amaechi as Chairman of the Nigeria Governors’ forum and as an APC governor and chieftain had left Port Harcourt this morning for Ekiti state where he was to join his brother governor in his last mega rally before the elections.

Governor Amaechi was ambushed and refused entry into Ekiti by military personnel acting on orders from above. He made to turn back and return to Akure where his chattered aircraft was parked but was chased and rounded by armed soldiers and security personnel in Odudu, Ondo state. According to the captain who led the operation, he had orders not to allow the governor entry or exit.
In the meantime, the chattered aircraft that conveyed he governor has been grounded while the minsters of Defence, police Affairs and Minister of state for Defence have landed at the Akure airport.

The Rivers State government is especially worried that Federal government and President Jonathan have singled out Governor Amaechi for harassment and attack.
While we hold the person and office of the President in utmost regards, we believe that it is unacceptable that the presidency would disrespect the person and office of an elected governor of a federating unit and consistently hound him.

 The Rivers state government is all more worried as Ondo saga is coming on the heels of a plot by six PDP lawmakers this morning to carry out a kangaroo impeachment of the duly elected governor of Rivers State, Rt. Hon Chibuike Rotimi Amaechi, con first at Krisdara hotels and later Bauchi street, Port Harcourt.
Ordinarily such banality should be ignored as it is neither legal nor constitutional. However in the light of the recent attempts to hoist a Chief Judge on Rivers people through the back door and the attendant rumours that the reason for that desperate act was to make it easier for the PDP to actualize its sinister daydream of ousting Governor Amaechi before May 29, 2015, we believe that it has become necessary to draw the attention of Rivers people, Nigerians and the international community to the situation in Rivers State.
Only yesterday, in preparation for this tragicomedy, the Rivers State chapter of the Peoples Democratic Party (PDP) accused Governor Amaechi of importing terrorists into the state and the region. They continued their diatribe by demanding that the governor of Rivers State be put under surveillance. The State Government wouldn’t have dignified the PDP’s display of ignorance with a response but for the fact that these accusations coupled with today’s actions are omniuos signs of how far the PDP is willing to go in its quest to cling onto power by all means.

The antecedents of impunity on the part of the leadership of the PDP are instructive and the party’s desperation to harm and stop anyone they perceive as major threat to their crumpling electoral fortunes next year is no longer news. The detention attempt and incident at the Kano International Airport last week are still fresh in the minds of Nigerians. Also, the call to put Gov Amaechi under surveillance (or is it house arrest?) on the same day that PDP started effort to unseat the Governor of Adamawa State, His Excellency, Murtala Nyako, is enough indication of the script already written by a jittery PDP
It is sad that the insane minds of the authors of the PDP accusation are jeopardizing police investigations of the 486 travellers who were intercepted in Aba, Abia State, and who are still being screened. One only wishes that the PDP would address the issues of the insecurity in the country with as much fervor and vigour as it deploys towards witch hunting its political opponents

The River Government wishes to state that the world knows those who feather the nest of cultists and militants and for whom they are canon fodder. Governor Amaechi’s position on cultisim, violence and insecurity are clear as is his commitment to fighting poverty and improving the lives of our present and future generations.
The Rivers State Government will not be deterred in its efforts to deliver good governance and ddemocratic dividends to our people.
We appeal to all Rivers people appeals to all members of the All Progressives Congress (APC) and citizens in the state to remain calm in the face of these provocations.
We call on the Security Agencies to exhibit professionalism in their conduct of affairs. We appeal to all well meaning people in Nigeria and around the world to please call the PDP to order before they truncate our democracy.
It appears to us that the PDP clearly have no interest in the peace and stability either Rivers state.
We are mindful of these mischievous elements but continue to call for tolerance and eternal vigilance. We are certain that the God who reigns in the affairs of Rivers people will again deliver us from this evil and terror that stalks us at noon day
Signed
Ibim Semenitari
Commissioner of Information and Communications

Wonders shall never end

GOBE!!! Gov. Nyako of Adamawa to be impeached!

Adamawa state house of assembly has on wednesday directed its clerk to serve gov. Nyako and his deputy Ngilari impeachment notice. This, according to reports, is due to the relationship that has gone sour between the governor and the state law makers following Nyako's decision to dump APC for PDP. Should Nyako be impeached? Is this what democracy should look like?

ROTARACT CLUB OF UNIVERSITY OF JOS FURTHER REACHING OUT TO LESS PRIVILEDGED

the 

the club went out again to do what she knows how to do best which is to touch lives, well the images speak for itself, Join Rotaract and Change Lives

BREAKING NEWS!!! Another bomb goes off

Report just reaching us is that a bomb just exploded at a viewing centre in Damaturu, Yobe state. The explosion occurred at about 8pm when Brazil vs Mexico match began. Hmmm, does this mean we should stop watching football?

AT last!!!!!!!KIDNAPPED GIRLS HAVE BEEN RELEASED

Reports reaching us suggest that the two kidnapped students of covenant university have been released. The girls who were kidnapped in their home were released today.
The details of their release are however not available at this time but we at YOB will keep you posted

Follow us @yobblogs and Facebook.com/YOBblog

AMAZING! see what happened at Parliament dinner in University of Jos OMG!!!!

Incase u missed the event well we at YOB covered the event for you, enjoy

The chairman LOC was Sen Arome Abu and he has been said to have done the best ever dinner in University of Jos, dignitaries from all works of life were in attendance. fortunately I Yemi Olaniyan was the editor of the Magazine  that was launched and i was also presented an award alongside Comr Fashola Ojamomi, Comr Kenny, Comr Felix, Comr Ovie and Comr Abraham.

from the preparation to the end of the program was hitch free and i must say kudos to his team and the speaker. Present also was the NANS president and NANS Vp Comr. Dotun Ajulo

see images after the cut

the event was covered by our own Seun Sanni
follow us @yobblogs or facebook.com/YOBblog for the latest news in Unijos, Jos and the world