I remember vividly, during my undergraduate days - at Year 2, under Administrative Law - Hon. Justice Amaechi taught us about "Powers and Rights." I learnt that one of the principles underlying administrative powers/rights is that, under democratic setting, it must be exercised discretionarily, and not arbitrarily.
On Tuesday, May 29th of this year, the President of the Federal Republic of Nigeria, in a nationwide broadcast to mark his one year in office, and 13 years of uninterrupted democracy in Nigeria, inter alia, announced the renaming of University Lagos to Moshood Abiola University. This he did out of pure intentions to immortalise one of the heroes of democracy, late MKO Abiola, the acclaimed winner of June 12, 1993 Presidential elections. Immediately thereafter, his action spurred miscellany of reactions from various corners, ranging from students' protests to revert the name to University of Lagos, as had been kown; to battle of wits amongst professionals in legal, educational and political arena.
Among the pros for the President's act is my colleague, ChrisPokes Monchie, who in his blog opined that the President reserves unlimited and unquestionable rights and powers to so rename UniLag. (Cf: poke-nation.blogspot.com). Well, I agree with him in part only to the extent that the President of the Federal Republic of Nigeria, being the Visitor to the Institution is vested with rights to rename the Institution, but such must be discharged with discretion and with regard to public policy.
One of such ways in which the President would've been deemed to have acted in good faith and with utmost discretion is in consulting with the University Council and earning their approval before climbing up the dais to announce its rechristening. Here, he never consulted with, nor sought their approval before embarking upon such act. All he did was surprise the UniLag community as well other stakeholders.
Again, UniLag which I noticed is about 50years now has attained such height in being a legal person that her change in nomenclature should not be performed anyhow. If in truth and in deed the President really wishes to immortalise Abiola, there are litany of options open to him. And if it is mandatory that the name of Abiola must be etched upon a University, there are about nine new Universities established by the Federal Government which could serve such purpose as they're yet struggling to operate under an identity. Let us take the case of Ghana for instance. The Ghanaian government wanted to immortalise Kwame Nkrumah, they did not rewrite nor rebrand their already existing Universities. Rather, they established and built a new university named Kwame Nkrumah University of Science and Technology, Kumasi. The University of Ghana, Legon; the University of Cape Coast; and the University of Education retained their names. Same with United States of America. No university was rebranded by the United States of America in order to honour the Late Martin Luther King, Jr.
However, it should not escape our memories that despite the powers of the Pesident being the Visitor, that University of Lagos is a creation of statute by virtue of University of Lagos Act, 1962, as amended and currently University of Lagos Act, Cap U9, LFN 2004. Therefore, it follows that, for there to be alteration in her nomenclature, it should be effected through legislative process, not just by mere Presidential fiat.
Furthermore, the President's recent gestures only smacks of military dispositions. Coming up publicly and without consultations make broadcast which effect will substantially affect the stakeholders in such areas whom he didn't consult before making such military-like inspired broadcast.
Be that as it may, let me categorically restate once more that I'm not personally against the President's intention of immortalising Abiola. The choice of UniLag and the mode of undertaking such renaming is what I reckon as simply wrong and, or improper as you do not use a wrong action to right another wrong situation. It is wrong to do a right thing wrongly.
But then again, before I pull my fingers off the keypad, something strikes my mind. Just musing over these; "Does the President by law actually have the power to rename UniLag?" This thought is informed by my little legal knowledge of the Act establishing University of Lagos and the concept of separation of powers.
Does it not seem unconstituional, illegal, ultra vires and usurpation of legislative powers for the President to unilaterally decide on the name change of a university that is established by an Act of National Assembly? The name, 'University of Lagos' was conferred upon it by virtue of Section 1 of University of Lagos Act, 1962, as amended and currently, University of Lagos Act, Cap U9, LFN 2004 which states that;
"• 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."
So, from the foregoing, it is without equivocation 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. Therefore, 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.
I'm sure, however, that if he is acting under his capacity as the Visitor to the University, he's as well acted ultra vires. For the provision of Section 16 of University of Lagos Act, Cap U9, LFN 2004 does not, nevertheless, expressly or unequivocally empower him to effect a name change for the University. His powers under Section 16 are limited. In law, it is trite 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, that is to say, beyond the confines of vested powers.
Again, assuming he's acting under his capacity as the President of the Federal Republic of Nigeria, the Chief Executive Officer of the State, the Commander-in-Chief, I think he's wrong as well. No matter his position, the Constitution has set forth in whom certain powers are reposed. Under Section 4 of the 1999 Constitution (as amended), Legislative Powers of the Federal Republic of Nigeria are vested in the National Assembly which consists of the Senate and the House of Representatives. So, the act of unilaterally renaming UniLag is unconstituional, illegal, ultra vires and usurpation of legislative powers. I rest my case.
But then again, before I pull my fingers off the keypad, something strikes my mind. Just musing over these; "Does the President by law actually have the power to rename UniLag?" This thought is informed by my little legal knowledge of the Act establishing University of Lagos and the concept of separation of powers.
Does it not seem unconstituional, illegal, ultra vires and usurpation of legislative powers for the President to unilaterally decide on the name change of a university that is established by an Act of National Assembly? The name, 'University of Lagos' was conferred upon it by virtue of Section 1 of University of Lagos Act, 1962, as amended and currently, University of Lagos Act, Cap U9, LFN 2004 which states that;
"• 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."
So, from the foregoing, it is without equivocation 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. Therefore, 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.
I'm sure, however, that if he is acting under his capacity as the Visitor to the University, he's as well acted ultra vires. For the provision of Section 16 of University of Lagos Act, Cap U9, LFN 2004 does not, nevertheless, expressly or unequivocally empower him to effect a name change for the University. His powers under Section 16 are limited. In law, it is trite 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, that is to say, beyond the confines of vested powers.
Again, assuming he's acting under his capacity as the President of the Federal Republic of Nigeria, the Chief Executive Officer of the State, the Commander-in-Chief, I think he's wrong as well. No matter his position, the Constitution has set forth in whom certain powers are reposed. Under Section 4 of the 1999 Constitution (as amended), Legislative Powers of the Federal Republic of Nigeria are vested in the National Assembly which consists of the Senate and the House of Representatives. So, the act of unilaterally renaming UniLag is unconstituional, illegal, ultra vires and usurpation of legislative powers. I rest my case.
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