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DUTY OF CARE BY UNIVERSITY TO STUDENT

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DUTY OF CARE BY UNIVERSITY TO STUDENT

Victor v. F.U.T.A. (2026) 8 NWLR (Pt. 2044) 33 at 53, A—H: ‘The scope of the University’s duty of care include academic, administrative, and pastoral duty of care. To discharge the academic duty of care, the university must provide competent teaching and supervision, thus ensuring that staff are qualified and adequately support students’ academic progress; design fair and transparent assessment systems which includes clear marking criteria, reasonable deadlines, access to appeals processes; provide accurate and sufficient academic information e.g., about course content, prerequisites, or progression requirements; act fairly in academic decision-making – avoiding bias, discrimination, or arbitrary grading and handle academic misconduct and disciplinary issues justly – following due process and institutional regulations. To discharge both administrative and procedural duty of care, the university is obliged to process student records, appeals, and complaints correctly and within reasonable time frames; ensure that academic policies are accessible, consistent, and applied fairly. To discharge pastoral and welfare duty of care, the university must consider how academic decisions may impact student welfare. The best practices all over the world even though this is not strictly “academic” is that the university must provide access to support services (counselling, disability services, learning support etc); take reasonable steps to protect vulnerable students from foreseeable harm (e.g., stress, harassment, or discrimination); offer adjustments or accommodations for disabilities or health conditions. As stated earlier, there is no doubt that the courts in Nigeria have long recognized the duty of care owed by the university authorities to its students even though never expressly articulated as a duty in tort as opposed to contract. Case law is replete with examples of the disposition of the courts.’

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UNIVERSITY HAS UNQUESTIONABLE RIGHT TO AWARD DEGREES

UNIVERSITY HAS UNQUESTIONABLE RIGHT TO AWARD DEGREES

Victor v. F.U.T.A. (2026) 8 NWLR (Pt. 2044) 33 at 51, E — G: ‘There is no doubt that the 1st respondent has the unlimited and unquestionable right like God to award certificates and degrees to its students under its enabling statutes. Degrees and certificates are awarded by the institution and whether a student conforms with the standards required for any degree is absolutely within the discretion of the awarding institution. Academic judgment (e.g., grading,academic standards) is generally not reviewable by courts unless there is evidence of negligence, bias, or procedural unfairness. Even after passing all exams and paying all fees, the institution may in certain special situations where the student has completed all academic requirements refuse to award a certificate or degree or certain reasons including but not limited to academic dishonesty and social misconduct against the rules of the University. Therefore, the absolute discretion of the University to award its degree and certificates consequent on a student fulfilling all conditions precedent cannot be queried or interfered with by the courts.’

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