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From Ighomuaye Lucky, Benin
Edo State High Court, Ekpoma Judicial Division, will on the 8th of March, 2022 resume hearing in a suit over the legality or otherwise of the amendment of the Ambrose Alli University Laws – Special Intervention Powers Provisions Law 2021 and the deriving Special Intervention Team (SIT) set up to take full functions of the University’s Governing Council.
The Academic Staff Union of Universities (ASUU), Ambrose Alli University (AAU) Ekpoma, Chapter instituted the case, while the Edo State Government is the Defendant in the suit which was first heard on Tuesday, 14 December, 2021 at the High Court, Ekpoma.
It was subsequently adjourned to 8th March, 2022.
The University’s Chapter of ASUU had expressed serious resentment and dissatisfaction over the amendment of the University Law, an amendment which confers on the Governor with extra-ordinary powers in the direct management of the affairs of the University with total disregard for the devastating consequences on University autonomy, long-tested traditions, ethos and organs of the University.
The Union had also faulted the fashion in which the University Governing Council was dissolved.
“The Council as a tenured organ of the University cannot be dissolved by fiat without legal consequences for the University and the State.” the Union said.
Dissatisfied with the amendment and development, the Union resolved to challenge the amendment in the Court of law, having viewed the reason given by the Governor and Visitor to the University in the amendment saga as a smokescreen to take over the University for the purpose of eroding the autonomy of the University.
In the originating summons with Suit NO HEK/MISC/9/2021, the Union approached the Court with three legal questions for determination by the Court:
Whether upon the correct interpretation and construction of the provisions of Items 27, 28 and 29 of Part II (Concurrent Legislature List) of the Second Schedule to the Constitution of the Federal Republic of Nigeria, 1999 (as amended), the Education (National Minimum Standards and Establishment of Institutions) Act, Cap. E3, Laws of the Federation of Nigeria, 2004 and the Guidelines issued thereunder, the Universities (Miscellaneous Provisions) (Amendment) Act, Cap N81, Laws of the Federation of Nigeria, 2004 and the provisions of Ambrose Alli University (Amendment) Law, 1999, the Ambrose Alli University (Special Intervention Powers) Law, 2021 is not unconstitutional, illegal, null and void and of no effect whatsoever.
Whether the provisions of the Ambrose Alli University (Special Intervention Powers) Law, 2021 are not in conflict with section 21 of the Education (National Minimum Standards and Establishment of Institutions) Act, 2004, paragraph 6 (2) of the schedule to the aforesaid Act and the Guidelines issued by the National Universities Commission for the establishment and management of Universities in Nigeria and consequently, invalid, null and void and of no effect whatsoever.
Whether the Ambrose Alli University (Special Intervention Powers) Law, 2021 is not a direct negation of the avowed traditional university autonomy guaranteed by section 21 of the upon the Education (National Minimum Standards and Establishment of Institutions) Act, 2004, paragraph 6(2) of the schedule to the aforesaid Act and the Guidelines issued by the National Universities Commission for the establishment and management of Universities in Nigeria and consequently, invalid, null and void and of no effect whatsoever.
The Claimants in the suit are Dr. Cyril Oziegbe Onogbosele and Dr. William Odion who are currently the Chairman and Assistant Secretary, respectively of the University’s Chapter of ASUU.
They instituted the suit for themselves and on behalf of members of the University’s Chapter of ASUU.
Joined in the suit as defendants are Governor of Edo State, Attorney General of Edo State, Ambrose Alli University, Ekpoma.
