UNILAG renaming, noble but illegal ~ Afe Babalola

Published:31 May, 2012

Afe Babalola
Former Pro-Chancellor and Chairman, Governing Council of the University of Lagos, Chief Afe Babalola (SAN) yesterday said the renaming of the institution after the late Chief Moshood Abiola was “noble” but illegal.

He said before the decision to change the name was taken, no amendment was made to the provisions of the University of Lagos Act.

President Goodluck Jonathan usurped the powers of the National Assembly by not seeking its backing, he said.

According to him, even though the motive was noble, the Federal Government followed an unconstitutional procedure.

He said such a decision would have been better effected if proper attention had been given to the provisions of the Constitution and the University of Lagos Act.

Babalola, who was Abiola’s lawyer, added that President Jonathan’s powers as visitor to the university did not include changing its name without recourse to the National Assembly.

In a statement, the senior advocate said many notable Nigerians who championed the call for the immortalisation of Abiola’s contribution to the current democratic dispensation were appalled at the manner with which the government about its decision. 

“It is my view that things could have been better handled,” he said.

To him, while it is proper to give honour where it is due, such must be done in accordance with the law. 

“Afterall respect for the law is an integral part of democracy itself,” Babalola said, and called for a review of the decision. 

“It is my hope that the authorities concerned will review their position and take appropriate step to do things in a lawful manner. 

“That to my mind would be the greatest honour to the late Bashorun MKO Abiola.”

Describing the renaming process as faulty, Babalola said: “It is pertinent to state that I do not entirely agree with the manner in which the government has gone about its decision.  

“To my mind, a decision to honour the sacrifice of a man such as the Late Bashorun MKO Abiola required much more thoughtfulness and thoroughness than that which the current decision seems to display. 

“I take this view in the light of the obvious illegality and unconstitutionality of the decision to change the name of the University of Lagos to Moshood Abiola University, Lagos.

 “The University is a creation of statute. 

“Everything relating to the University including its name, administration and control is provided and regulated by statute therefore necessitating that any action taken in respect of the University must comply with the provisions of the Law. 

“Therefore, the most important yardstick against which the decision must be measured is the provisions of the University of Lagos Act, Cap U9, Laws of the Federation of Nigeria 2004.

“The Act provides for the establishment, incorporation and administration of the University among others. 

“Section 1 provides as follows: •’Incorporation and objectives of the University:

• There is hereby established a University to be known as the University of Lagos (in this Act referred to as “the University”) to provide courses of instruction and learning in the faculties of arts, law, medicine, science, education, commerce and business administration, engineering, and any other faculties which may, from time to time, be approved under this Act.

“•The University shall be a body corporate and shall have perpetual succession and a common seal.’

“The above reproduced section of the Law without equivocation states that the name of the University is ‘University of Lagos’. 

“This amply demonstrates that the name ‘University of Lagos’ is derived from an Act of the National Assembly.

“Any other name other than ‘University of Lagos’ would run contrary to the provisions of the Act.

“With the above in mind, it is not difficult to see that the name announced by President Jonathan is unknown to the University of Lagos Act. 

“This is so for the following reasons: Being an Act of the National Assembly, the provisions of the University of Lagos Act can only be amended by another Act of the National Assembly.

“Prior to the decision of the Federal Government to change the name of the University, no amendment was made to the provisions of the University of Lagos Act.  

“The decision of Mr. President ostensibly acting in concert with the Federal Executive Council, amounts to an usurpation of the powers of the National Assembly. 

“Section 4 of the Constitution of the Federal Republic of Nigeria, 1999 as amended confers Legislative Powers of the Federal Republic of Nigeria on the National Assembly which consists of the Senate and the House of Representatives.”

Besides, Babalola said the powers vested in the President as visitor had their limits.

“They do not empower him to unilaterally direct or effect a change in the name of the University. 

“I state this for the following reasons: The powers of the visitor are as expressly contained in the University of Lagos Act. 

“It is settled that where power is vested in any individual or body, such body or individual cannot exceed the powers which had been so vested. To do so would be to act ultra vires.

“A careful perusal of the provisions of Section 16 of the Act will reveal that the exercise of the powers vested in the visitor of the University must be consistent with the provisions of the Act. 

“This is the direct purport of Section 16(3)(b) which requires bodies and persons comprised in the university to give effect to the instructions of the visitor which are consistent with the provisions of the Act.

“Clearly, a unilateral change in the name of the university from that stated in Section 1 of the Act cannot under any guise, be regarded as consistent with the provisions of the Act…

 “The powers vested in President Jonathan under Section 16 of the University of Lagos Act are not wide enough to support the decision of the Federal Government to change the name of the University of Lagos to Moshood Abiola University, Lagos.”

The Nation

11 thoughts on “UNILAG renaming, noble but illegal ~ Afe Babalola”

  1. Ahmed @alpha1marine says:

    Omg! How did we ended up with GEJ?

  2. Alagbe Muyideen says:

    GEJ should just toe the path of honour, reverse this decision. Bt am sure he knws wat his doing.

  3. FM says:

    It is a disgrace to act without law that govern a nation,been a

  4. FM says:

    It is a disgrace to act without law that govern a nation,been a Dr do

  5. FM says:

    He needs a good adviser in his cabinet,may be those in his office are famers only God knows.but despite this he need spiritual healing, ever since he has been supporting other nearby country(s)
    By sending troops, whereas bokoharam hv been killing many pple,since then I bliv his not capable of managing a nation wit his cabinet.pls GEJ were u not tot hw to follow protocol or an Act during ur days?pls reverse ur order.thank u.

  6. Nike says:

    What do expect from a president that has only niger delta militants as ADVISERS

  7. KWGioSlSFe says:

    buy xanax online cheap no prescription xanax vs vicodin effects – xanax 0.25 mg effects

  8. ICyzKtDjda says:

    where to buy ambien online ambien 40 mg erowid – ambien cr online no prescription

  9. CSAowPkjiz says:

    diazepam half life diazepam system drug test – 5mg diazepam for dogs

  10. cfDWNEKomQ says:

    can you buy valium online order valium no prescription – buy valium online no prescription canada

  11. RroyOAFbXD says:

    soma for sale back medication soma – canadian online pharmacy+soma

Leave a Reply

Your email address will not be published. Required fields are marked *

Related Posts

Recent Posts

PRESS RELEASE: I have not withdrawn my case against Dogara and others” – Jibrin

It has come to our attention the circulating misrepresentation of facts that our client, Hon. Abdulmumin Jibrin has withdrawn his suit filed vide FHC/ABJ/CS/595/16 against The Speaker, House of Representatives and 14 others wherein we sought for injunctive reliefs restraining the the Defendants from suspending the Plaintiff, Honourable Abdulmumin Jibrin. This is not the true position of things and the said untrue information is calculated to misinform and in fact disappoint the teeming generality of Nigerians...

FG re-introduces teaching of History in primary, secondary school.

The federal government has finally re-introduced History as one of the subjects in the nation’s primary and secondary schools’ curriculum, explaining that its introduction as an independent subject and not a mere theme was necessitated by the clamour and concerns by several groups, including the Presidency, National Assembly and other critical stakeholders in the education sector. The Minister of Education, Mallam Adamu Adamu, had urged delegates to the recent National Council of Education, NCE, to consider the disarticulation of social...

Customs generates N11 billion in nine months in Oyo.

The Nigeria Customs Service (NCS), Oyo/Osun Command, said it had generated the sum of N11.1 billion between the months of January and September this year. The Customs Area Controller, Temitope Ogunkua, who disclosed this while briefing reporters on the activities of the command, said 188 assorted seizures were made with a duty paid value of N368 million within the period under review. Ogunkua, who assured of the command’s readiness to tackle economic saboteurs and work for the security well-being of the...

Kaduna To Spend N2.55bn On Drones, CCTV

The Kaduna State Government has earmarked over N2.55bn to procure CCTV cameras and drones, to provide adequate security cover in the state in 2017. More than N1.5 billion of the amount was earmarked for the procurement and installation of CCTV cameras in strategic areas of the state, to reduce crime. The figure is contained in the state’s 2017 budget document currently before the state House of Assembly. He said, “The N1.5 billion is for...

Commercial Sex Workers Take Over Jos Trade Fair

Activities of commercial sex works are overshadowing those of exhibitors and traders at the 2016 Jos Trade Fair, holding at the Jos Polo Field, in Jos North local government area of Plateau state. A reporter at the trade fair Thursday night noticed hordes of young sex workers brazenly soliciting patronage by male participants at the event. One of the young workers, who refused to give her name, said the illicit trade was booming because the...

Sultan’s 10th Anniversary Begins Nov. 2

The Sokoto State Government will hold an International Symposium on the legendary Sokoto Caliphate as part of activities marking the 10th anniversary of the Sultan of Sokoto, Alhaji Sa’ad Abubakar III on the throne. ” The caliphate’s contributions to the economy, politics, leadership and good governance in the sub-Saharan region will be the focus of the symposium.” Commissioner for Information, Alhaji Danladi Bako, made this known in a statement in Sokoto on Friday. Bako,...

Attacks on oil installations, vandalism crash monthly allocation by N90.2bn

Despite increase in average price of crude oil at global market from $46.0 per barrel in May to $48.43 in June, sustained attacks on oil installations and pipeline vandalism have reduced total allocation available for sharing to the three tiers of government by N90.2 billion. The picture was made clearer yesterday as the sum of N420 billion was approved for September for sharing as against N510.270 billion disbursed among the three tiers of government in August. Militant attacks on oil installation...

MTN Denies Illegal Transfer Of $14 bn From Nigeria

South Africa’s MTN has denied it illegally transferred $13.9 billion from Nigeria in the latest scandal to hit the telecom firm in its largest market in the continent. The Johannesburg-based firm is facing a parliamentary probe over accusations it connived with senior Nigerian officials to move the funds out of the country without complying with the law. “We would like to reiterate that at no point did MTN Nigeria (MTNN) illegally repatriate funds out of...

Trevor Noah pulls out of 2016 MTV MAMA Awards.

South African comedian Trevor Noah has announced his inability to host the 2016 MTV Africa Music Award (MAMA). The Comedy Central host made the announcement earlier on Friday, explaining he has been suffering from a severe respiratory and ear infection. “Due to the infection and strain on my vocal chords the doctor has ordered me to rest. I desperately wish I could dismiss the doctor but the added risk of flying means the decision would be highly irresponsible  and may cause...

How Mamman Daura became ‘Nigeria’s most powerful nephew’.

Mamman Daura is today described as the “most powerful nephew” in Nigeria by virtue of his closeness to President Muhammadu Buhari. At the centre of the recent complaints by Aisha, Buhari’s wife, is that those who did not participate in the campaign were the ones calling the shots in her husband’s government TheCable understands that Duara is one of those she was referring to, having already complained privately about him. However, what has often not been reported is how Daura came to wield...

No Plan To Reduce Nigerian Flights- Lufthansa

An international carrier, Lufthansa Airline, yesterday said it had no plan to reduce its flight operations in Nigeria. The News Agency of Nigeria (NAN) reported that the airline’s Media Consultant, Mr. Hakeem Jimoh, made the disclosure to aviation correspondents in Lagos. Two foreign airlines, Emirates and Kenya Airways , recently announced the suspension of their flights to the Nnamdi Azikiwe International Airport in Abuja. While Emirates Airlines said it would stop flights to Abuja from October 22, Kenya Airways said its flights...

World Bank raises 2017 crude oil prices’ forecast to $55 per barrel.

The World Bank yesterday revised upwards its 2017 forecast for crude oil prices, raising it from $53 per barrel to $55 per barrel as members of the Organization of the Petroleum Exporting Countries (OPEC) prepare to cut output after a long period of unrestrained output. The Bank, in its latest Commodity Markets Outlook, projected that energy prices, which include oil, natural gas and coal, will jump almost 25 percent overall next year, a larger increase than anticipated in July, while...

Suspension: Jibrin withdraws suit against House of Reps.

The Federal High Court, Abuja, on Friday struck out the suit of former Chairman, House of Representatives Committee on Appropriations, Mr. Abdulmumin Jibrin, challenging his suspension from the House. The judge, Justice John Tsoho, struck out the matter after Jibrin’s Counsel, Mr. Chukuma Nwachukwu, told the court that his client had filed a notice of discontinuance. Tsoho decline the request of the defendants for a N200, 000 cost, holding that the defendants were “strong institution and personality”. At the hearing, Jibrin’s counsel,...

Aregbesola tells Nigerians to practice birth control, shun foreign goods.

The Governor of Osun state, Rauf Aregbesola has urged Nigerians to practice birth control and curb excessive desire for foreign food items in order to survive recession. The governor said this on Thursday in Osogbo while hosting some youth who just returned from a training sponsored by the state government in modern agricultural technique at Germany. He explained that his government’s decision to send the youths for the agriculture programme is to boost food production in the state, adding that this...

Meet The Baby Who Was Born Twice

Margaret Boemer went for a routine ultrasound 16 weeks into her pregnancy with her third child. She quickly found out that things were far from routine. "They saw something on the scan, and the doctor came in and told us that there was something seriously wrong with our baby and that she had a sacrococcygeal teratoma," the Plano, Texas, mom said in an interview shared by Texas Children's Hospital. "And it was very shocking and...

Fashion for Charity, Spanish “LaLiga” Unite for IDPs with #KickForHope2016

Who Fashion For Charity Is... Fashion for Charity harnesses the power of fashion, entertainment, and the visual arts to help vulnerable people. From Abuja to Milan to Atlanta, various industry players in fash- ion design, fashion photography, fashion media, modeling and more, have come together to become a force for good in Nigeria and beyond. This year, Fashion for Charity has been focusing on the plight of internally displaced persons from north-eastern Nige- ria. Fashion...

Why Always Me: Another Supreme Court Justice accuses Amaechi of bribery.

The last of the two justices of the Supreme Court arrested during the invasion of the residences of the justices of the court by the Department of State Security Service, DSS, Justice Sylvester Ngwuta, yesterday accused the former governor of Rivers State and now, Minister of Transportation, Mr. Chibuike Rotimi Amaechi of masterminding the operation. Also yesterday, the Nigerian Bar Association, NBA called on the judges accused of corruption to cease adjudicating on cases until the allegations against them are...

First Contest For Mr & Miss Albino Held In Kenya

Youngsters with albinism are stepping into the limelight, hoping to be named Kenya's first Mr and Miss Albino. Albinism has been associated with many negative misconceptions and superstitions. As a result, many albinos suffer stigma, alienation and even physical abuse. The pageant being held later in Kenya's capital, Nairobi, also aims to boost the confidence of young people with albinism. Read More: BBC

Pulse: Obanikoro is going down, but he won’t do so alone.

The walls are closing in on Musiliu Obanikoro, former Minister of State for Defence. Obanikoro has been singing his way deeper and deeper into trouble, sources at the Economic and Financial Crimes Commission (EFCC) have told Pulse. Obanikoro surprisingly turned himself into the waiting arms of the anti-graft agency as soon as he touched down in Nigeria from the United States last week. The former Lagos State Governorship aspirant on the platform of the Peoples Democratic...

South Africa To Quit International Criminal Court

South Africa is pulling out of the International Criminal Court (ICC) because its obligations are inconsistent with laws giving sitting leaders diplomatic immunity, according to government officials. Justice Minister Michael Masutha said on Friday that the government will soon submit a bill in parliament to withdraw from the court in The Hague, a move that comes as several African countries express concerns over what they call the ICC's disproportionate targeting of the continent. The bill will propose...

Russell Wilson & Ciara Are Reportedly Expecting Their First Child

Do you like hard-hitting news and journalism with a capital J? Good, because Ciara is reportedly pregnant with Russell Wilson's baby. The news blew up on social media after Ciara posted an Instagram video of her arriving to a party wearing a loose-fitting tuxedo. Some fans in the comment claimed it was a baby-bump outfit. And E! News is now reporting that the happy couple are indeed expecting a child. While she has not commented on...