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Home | News | UNILAG renaming noble but illegal, says Afe Babalola
UNILAG renaming noble but illegal, says Afe Babalola
31/05/2012 01:35:00Joseph Jibueze


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 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.”

Simple. End of story.

LOL...knowledge trounces ignorance again! Where is retardeenOdechukwu, beef (MALU), coogar, johndoe, wesley00??

I posted this on an earlier thread:

The law said it should be called the University of Lagos and thats what happened. The law never said the name shouldn't change.
How come constitutional lawyer, Prof. Itse Sagay (SAN) was ok with the change?

Lol! Its now time for over-sabi to take over!

Link to Itse Sagay being OK with the change and its legality?

His only grouse is sentimental, not legal:

A constitutional lawyer, Prof. Itse Sagay (SAN), said the president should be praised for his effort to immortalise Abiola, adding that he, however, made a wrong choice in choosing UNILAG.

Sagay said: "The president should be praised for his effort to immortalise Abiola. It was done out of good intention but he chose the wrong institution.

"UNILAG is too well established and has its own individual personality which will be difficult to overshadow".

He noted that the president could have named one of the nine federal universities being constructed by the government in honour of the late acclaimed winner of the June 12, 1993 presidential election.

"This would have been less contentious because they are yet to be given any names and have no identity of their own unlike UNILAG", Sagay added.

http://allafrica.com/stories/201205291324.html

That he made no comment on the legality does not imply that he thinks it is legal.....

It is quite clear that he is ok with it.
Lawyers do not say people should praised for breaking the law. Itse Sagay quite clearly said GEJ is to be praised.

No. You are wrong.

The University of Lagos Act is from 1967. I do not see its use in any law court; uni's are now regulated by the National Universities Commission.
The Unilag act is just clutching at straws, several new and abolished constitutions later, several overthrown govts, as well as a war.

The real legal luminaries are talking, not the thug i have above here :

Belgore: Right procedure not followed by Fed Govt
By Our Reporter 2 hours 13 minutes ago
Font size:

Belgore


Senior Advocate of Nigeria (SAN) Mr Dele Belgore (SAN) yesterday said President Goodluck Jonathan did not follow due process in renaming University of Lagos (UNILAG) Moshood Abiola University, Lagos.

Belgore said Jonathan got it absolutely wrong, adding that it is a desecration of a national institution.

He noted that the President has politicised academia.

He said: “There are procedures to follow. You do not just get up and announce the renaming of an institution created by law. Since the law says that the institution shall be called the University of Lagos, the law establishing the institution has to be changed before such an announcement.

“If there was broad enough consultation, I believe he will probably not have fallen into this kind of error. A protest that causes inconvenience to the general public should be generally condemned, but looking at it from the protesters’ point of view, they have got to be heard. If they do not create inconvenience for the public, nobody is going to hear them.

“The question is, is it really what we need at this time? UNILAG will be 50 years in a short while and the late Vice-Chancellor will also be buried today. Let’s even assume it is the right time to change the name, is it the way to go about it?

“So, the action itself is provocative and one that has given rise to the protest.”

http://www.thenationonlineng.net/2011/index.php/news-update/48417-belgore-right-procedure-not-followed-by-fed-govt.html

Demdem: See this idiiot trying hard to put words into Sagay's mouth, na wa oooo.
Well Said Afe babalola despite being OBJ lawyer.

You always talk like a half-breed, but then thats what you are.

This is all Jonathans fault!!

He should have left that self-servicer to rot in peace!! Now every Ade, Dele and Deji are grabbing every two second of pess time they can get!! Even his bastard children whose births were as a result of a one night stand with groupie Yoruba women at a Cowbell milk convention sef follow dey talk!!

We don suffer!!

Beaf: His only grouse is sentimental, not legal:



http://allafrica.com/stories/201205291324.html

Beaf you no dey sleeep ... aba

PeterKbaba:

Beaf you no dey sleeep ... aba

Bro, ayam jusy about to call it a day. You don wake?

1. Couldnt accept d prayer 2 combat corruption
2. Disrespect for law......

It really shows dat ds man is not fighting for the interest of his people.

Beaf:

You always talk like a half-breed, but then thats what you are.

for exposing ur folly, u think i am right. Ode.

Beaf: It is quite clear that he is ok with it.
Lawyers do not say people should praised for breaking the law. Itse Sagay quite clearly said GEJ is to be praised.

Beaf let me know when u are done licking GEJ'S ar.se i need mine licked too. You and your boss are nothing but a biological mistake hindering the progress of Nigeria. I wonder why yhe boko boys leaves people like u and go after innocents. You deserved to be shot dead beaf. You will die soon. Bastard son of a b!tch

Demdem: See this idiiot trying hard to put words into Sagay's mouth, na wa oooo.
Well Said Afe babalola despite being OBJ lawyer.

lawyers are for everybody.

It was reported that he represented OBJ free of charge for his first election.

juman:

lawyers are for everybody.

It was reported that he represented OBJ free of charge for his first election.

yes nau.

PDP: "President Deceiving People"..Thank you retardeen for giving us more and more rreson to flush you out come 2015.Just incase goodluck wakes up tomorrow and says we re nw chinese...call me sojin chin ling lol very confused President!

lol

See what UNN student did to himself https://www.nairaland.com/951635/unn-student-commits-suicide-this#10968993

Abiola Is A Thief, A MAN of Low Mentality.- Fela Kuti


Them go pick one African man
A man with low mentality
Them go give am million naira breads
To become of high position here
Him go bribe some thousand naira bread
To become one useless chief

Where is dat dullard called 'beaf'?
Come here! I want to flog Jona out of your head. I trained u to be reasonable, logical and objective but u chose the part of destruction. U and Jonathan wil rot in hell insha llahu.


in case GEJ wakes up and says we are japanese- pls cal me ajinomoto.
Son of a maggot.

why is it illegal,so now if i have a company of mine and i named it Atc enterprises and after 10yrs i wish to rename it Btc enterprises,will dat be illegal?unilag is fg property not lagos state's,the fg has every legal right to rename it.

ekt_bear: “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.”

Simple. End of story.

Its not as simple as it appears, Afe Babalola's interpretation of section 16, is just that, his interpretation. If GEJ's actions are challenged in court, the opinion which would matter at the end of the day would be that of the judge hearing the case and I venture to guess that most courts in present day Nigeria would not rule against GEJ's position. I'm quite sure that one can find SANs who would have a different interpretation than Afe Babalola's.

Afe Babalola and others who feel angry because they were shunned by GEJ should suck it up and spend their time in strategizing for 2015.

ogochukwunasa1: Where is dat dullard called 'beaf'?
in case GEJ wakes up and says we are japanese- pls cal me ajinomoto.
Son of a maggot.

Hi Son of a maggot, how are you doing?
Just trying out your new name