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

  • Ahmed @alpha1marine

    Omg! How did we ended up with GEJ?

  • Alagbe Muyideen

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

  • FM

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

  • FM

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

  • FM

    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.

  • Nike

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

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

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

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

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

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

Related Posts

Recent Posts

Desiigner Is Being Sued For $500k Over Allegedly Crashing A Rented Ferrari

Desiigner’ pockets are about to be a little lighter, because he’s being sued for damaging a rented Ferrari back in June. Two of his friends, who have also been named in the lawsuit, allegedly gave the rapper permission to drive the car, however, he crashed it and now the rental company is suing for $500,000! The 2014 Ferrari is valued at $220k, but they want $500k, because they claim that they’re losing out on as much as $1,599 per day...

Nigeria authority orders Arik Air to pay compensation to passengers

The Nigerian Civil Aviation Authority (NCAA) on Wednesday directed Arik Air to return all delayed baggage of its passengers from London to Lagos within the next 24 hours. The authority also directed the airline to compensate the affected passengers with $150 each for their troubles. The News Agency of Nigeria, NAN, reports that the directive was issued by Adamu Abdullahi, Director, Consumer Complaints Department, NCAA. Arik Air and no fewer than 40 passengers have been at loggerheads over the non-arrival of their...

Senate to pass Petroleum Industry Bill in tranches – Saraki

The President of the Senate, Bukola Saraki, says Senate will pass the Petroleum Industry Governance Bill, PIGB, in tranches as a way out of its non-passage for the past eight years. Mr. Saraki made this known at a three-day Public Hearing on the PIGB organised by the Senate joint Committee on the bill on Wednesday in Abuja. He said the passage of the bill in tranches was necessitated by the need to unbundle its contents into manageable compartments that could be...

1,048 people killed in 11 months in tanker, trailer crashes across Nigeria

At least 1,048 people were killed in 770 road crashes involving 4,365 tankers and trailers from January to November 2016, an official has said. Boboye Oyeyemi, the Corps Marshal of the Federal Road Safety Commission, FRSC, stated this on Wednesday in Abuja at an interactive session with stakeholders in the road transport sector. Mr. Oyeyemi said 4,365 people were also injured during the period of review. According to him, crashes involving tankers and trailers had been on the decrease since 2014 as...

Access Bank warns Customers – ‘Beware of MMM, you will Soon Lose all Your Money’

Access Bank Nigeria Plc has warned its customers to avoid dealing with Mavrodi Mondial Movement, a Ponzi scheme, which has been declared illegal by the Central Bank of Nigeria and the Securities and Exchange Commission. The bank in an emailed statement to its customers said it had come to its attention “that some customers are engaged in the Ponzi scheme called ‘MMM’”. “Please be advised that this scheme is not in line with any applicable or known investment product and...

$15.5 million Fraud: Court adjourns Patience Jonathan’s suit to 2017

Justice Mohammed Idris of a Federal High Court Lagos, on Wednesday, further adjourned till January 18, 2017, hearing in a suit by ex-first lady, Patience Jonathan, seeking enforcement of her fundamental rights. Mrs. Jonathan had instituted the fundamental rights suit against the Economic and Financial Crimes Commission, EFCC, claiming the sum of $200 million as damages for inconveniences suffered. In her suit, she also joined Skye bank Plc, and a former aide to ex-president Goodluck Jonathan, Warampo Dudafa, as respondents. Also joined...

Please, I don’t Accept Gifts – Aisha Buhari Tells Nigerians

Wife of the President, Aisha Buhari, has said that she has not received any gift from anyone since becoming the President’s wife. Mrs. Buhari, who spoke at the unveiling of a new campaign against graft tagged, “Women Against Corruption” in Abuja, today, said that she did not also intend to collect gifts as the wife of the president even in the future. “People have been trying to bring some gift items to me but I have not been collecting them....

Defamation: Court strikes out Buhari’s suit against AIT

The Federal High Court on Wednesday in Abuja struck out defamation suit filed by President Muhammadu Buhari against DAAR Communications, operators of the African Independent Television, AIT. Justice John Tsoho held that the court was compelled to strike out the suit because it appeared abandoned. According to him, no representations from the parties have been entered since the matter was assigned to the court. “This is against the rules of court, all opportunities given for the plaintiff and the respondents to put...

JUST IN: Doris Leuthard elected Swiss president

Centre-right politician, Doris Leuthard, will serve as Swiss president next year, the parliament decided on Wednesday in Bern.   Report says the leadership post goes to a different cabinet minister every year.   Leuthard, a Christian Democratic People’s Party member, has served as minister for environment, transport, energy and communication.   A former proponent of nuclear power, Leuthard has become the architect of Switzerland’s plan to gradually shut down its reactors.   Referendum voters in November supported her view that a rapid phase-out would do more harm...

Unwanted pregnancy mainly caused by wrong use of contraceptives – Health Minister

The major cause of unwanted pregnancy is improper use of contraceptives, Nigeria’s health minister has said. Isaac Adewole, disclosed this while speaking with the News Agency of Nigeria, NAN, on Wednesday in Abuja. Mr. Adewole,  a professor of  gynaecology, reacted to complaints over the high rate of unwanted pregnancies allegedly caused by contraceptives failure. He described contraceptives as methods, devices or drugs that could prevent conception. “Contraceptive-failure, if you use it well, rarely fails. Very rarely will an unwanted pregnancy come from contraceptive-failure;...

LASU approves 50 per cent rebate on fees payable for staff undergoing study

The Governing Council, Lagos State University, LASU, Ojo, has approved 50 per cent rebate on all fees payable for its staff undergoing courses in the institution. ?According to the university’s official bulletin, the council took the decision at its meeting held on November 15 where the requests by some members of staff for an encompassing education rebate were considered. ?The council said that other sundry fees such as acceptance fee, medical fee, Identity Card, among others were included in the fees...

NCAA gives Arik Air 24-hour ultimatum over delayed Baggage

The Nigerian Civil Aviation Authority on Wednesday directed Arik Air to return all delayed baggage of its passengers from London to Lagos within the next 24 hours. The directive was issued by the Director, Consumer Complaints Department, NCAA, Mr. Adamu Abdullahi, who also directed the airline to compensate the affected passengers with $150 each for their troubles. Arik Air and no fewer than 40 passengers have been at loggerheads over the non-arrival of their baggage, five days after their flight...

Python dance: Obiano Backs Army, disowns IPOB, MASSOB

The Anambra State Governor, Chief Willy Obiano, on Tuesday evening commended the operation Python Dance inaugurated by the Nigerian military in the south-east geo-political zone. He said those condemning the exercise had no reason to do so. The  Indigenous People of Biafra, Movement for the Actualisation of Sovereign State of Biafra and some rights groups in the zone had condemned the military over Python dance. They argued that it would inflict hardship on the people. Obiano while receiving the Chief of Army...

Japan’s Sex Problem Is So Bad That People Are Quitting Dating & Marrying

The Japanese sex problem has become so desperate that its young population are giving up on dating and are just marrying their friends. A Government survey found 69 per cent of Japanese men and 59 per cent of Japanese women do not have a romantic partner. One Japanese aggregator website has since been awash with stories of how people have simply got married to life-long friends. The country has one of the lowest birth rates in the world, with just...

Patience Jonathan writes to House of Reps Over EFCC harassment

Former First Lady, Patience Jonathan has written a petition to the House of Representatives urging it to stop the Economic and Financial Crimes Commission (EFCC) from further “harassment”. The petition was read to the house on Wednesday by Lovette Idisi, a legislator from Delta state. “This petition is in line with section 36 where every citizen is presumed innocent until proven guilty,” Idisi said “Mr. Speaker, here is a petition on the constant harassment of the former first lady. It was...

Brad Pitt Takes Angelina Jolie Back to Court

Brad Pitt is going to court to keep his custody war with Angelina Jolie private, and sources connected with Brad say his motivation is to thwart her from further damaging their children by airing their dirty laundry in public. Sources connected to the case tell TMZ ... Brad filed docs Tuesday in family court, requesting an emergency hearing. We're told he intends to ask the judge to seal all documents and proceedings related to his and Angelina's ongoing battle...

Why FG’s Ban on Land Border-Importation of Vehicles Makes NO Sense – Adeeko Ademola

BusinessDay search shows that before the implementation of the new auto policy, which raised duty paid on imported vehicles from 20 to 70 percent to encourage the upcoming assembling plants in the country, about 30,000 new cars and trucks used to arrive Nigeria every month across all the Roll-on Roll-off (RORO) terminals, but the volume has now dropped to about 10,000 monthly.    Most times, I can't help but chuckle at the sheer incompetence and shallow reasoning...

Nigeria Reps to separate AGF’s office from Minister of Justice

The House of Representatives on Tuesday, moved to separate the office of Attorney-General of the Federal (AGF) from that of Minister of Justice. The move followed the second reading of a Bill for an Act to alter the 1999 Constitution to introduce the Office of the Attorney-General of the Federation separate from the Minister of Justice. Presenting the Bill, Rep Mohammed Monguno (APC-Borno), said that if passed, it would emphasise the independence of the AGF’s office and ensure it was...

Photo: Gov. El-Rufai in Ghana as An Election Observer

Kaduna state governor, Nasir El-Rufai is currently in Ghana to observe the country’s presidential election. The governor declared the Islamic group Shiites ‘insurgents’ on Monday, a move that has been greeted by criticisms from Nigerians home and abroad. Many advised the governor to tread with caution to avoid a Boko Haram-like experience. However, despite the home challenges, the war of words with Senator Shehu Sani inclusive, Governor El-Rufai has flown to Ghana to observe...

We Will Pay Super Falcons, But We Don’t Have Cash Now – NFF

The Nigeria Football Federation (NFF) have promised to pay the victorious Super Falcons, but that will be when they have the cash to pay them. NFF general secretary Mohammed Sanusi, who met with the players and officials of the African champions at the Agura Hotel on Tuesday, said the federation are not happy owing players and coaches, but present severe economic challenges inform that it can only continue to seek the understanding of these persons, as well as hoteliers,...

How Your Sign Affects Your Sex Life

If you're an Aries, you're all about the quickie. Hey, girl, don't blush, we've all been there: that desperate urge to get down and dirty but with little to no time. You're just into the thrill of a speedy sex sesh more than others. As the first sign of the Zodiac, you like things "strong and hot and heavy," Tower says. So don't deny that raring ready-to-go feeling. Instead jump on it...literally, since a woman-on-top position that ensures...