Ahead
of the debate by the National Assembly on the proposed amendment sent
to it by the President on the renaming of the University of Lagos
(UNILAG) Moshood Abiola University, Lagos, eminent lawyer Chief Afe
Babalola (san) writes on why the lawmakers should reject the proposal.
On
the 29th of May 2012, His Excellency Dr. Goodluck Jonathan announced
the decision of the Federal Government of Nigeria to rename the
University of Lagos after the acclaimed winner of the June 12 1993
Presidential Election, Bashorun M.K.O Abiola. The University according
to the President is now to be known as “Moshood Abiola University,
Lagos”.
Public reaction to the announcement
No
sooner had the address of the President ended than the decision began
to attract criticism from within and outside the country. As a former
Pro-Chancellor and Chairman, Governing Council of the University of
Lagos, I felt so concerned about the development that I was compelled to
issue a Press Statement describing the decision to honour Abiola as
noble but the procedure adopted was unconstitutional. My view was hinged
on the fact that prior to the announcement by the Federal Government,
no attempt was made to amend the University of Lagos Act from which the
University derived its name. In addition, the University of Lagos Act
does not empower the President as the Visitor to change the statutory
name of the University. The action of the President therefore amounted
to a usurpation of the powers of the National Assembly which by the
provisions of the Constitution of the Federal Republic of Nigeria 1999
is the only body empowered to pass a law to amend the University of
Lagos Act.
Government appreciates the unconstitutionality of the decision
It
does appear that the President has found merit in the argument
concerning the unconstitutionality of his action for on the 7th of June
2012 he sent a bill to the National Assembly seeking to amend the
University of Lagos Act to reflect the change in the name of the
Institution.
In
submitting the Bill to the National Assembly, the government failed to
consider and comply with the requisite legal and other conditions
precedent to the submission of a bill to the National Assembly which
include the following:
•The need to first reverse the decision pronounced on the 29th of May, 2012 renaming University of Lagos after Abiola
•The need to consult with the Council of University of Lagos, the Alumni and other Stakeholders
•Respect for the court and the need to wait for the outcome of the two suits pending in the Federal High Court, Lagos and
•The adequacy suitability or otherwise of naming University of Lagos to honour a national leader of the status of Abiola
•Need to reverse the earlier decision
Consequent
upon the announcement by the President, the National Universities
Commission and the Governing Council of the University acted on it and
indicated their preparedness to comply with the decision on name change.
Students who were not prepared to welcome the decision were sent
packing. This is because the decision of the President was not a mere
proposal. It was a proclamation of government policy which became
effective and operational immediately. What the government should have
done was to first rescind the decision announced on the 29th of May,
2012 before preparing any bill. By sending the Bill without first
rescinding the decision, the government is asking the National Assembly
to rubber stamp and give retrospective approval to an illegal decision.
However it appears that in this part of the world Governmental
fallibility is a notion which some in government are not prepared to
acknowledge or accept.
•No consulation before the bill was forewarded to the national assembly
One
major point of disagreement with the decision by Nigerians was the
failure or refusal of Government to consult stakeholders before the
decision was taken. In a policy matter like this, it is the duty of the
government to consult the Governing Council of University of Lagos and
Alumni Association and other stakeholders before the decision was taken.
This was also the advice of the former military Head of State, General
Dr. Yakubu Gowon. Such consultations would have brought to the knowledge
of the President, the argument that the name “University of Lagos” had
itself become “a top brand” such that any other name, regardless of
whatever strengths or qualities it could claim to possess would neither
compensate nor be representative of the concept of qualitative academics
with which the University had become associated with, within and
outside the country.
•National assembly: duty to respect the court and await outcome of court decision
The
President sent the Bill to the National Assembly on the 7th of June,
2012. On the 4th of June, the Alumi Association and the Student Union of
the University of Lagos filed two separate suits before the Ikeja
Division of the Federal High Court. By the said actions which were
commenced by means of an Originating Summons, the Attorney General of
the Federation is the 4th Respondent in the said suits.
It
is a settled principle of law that when a matter or dispute has been
submitted to a court of law for adjudication, the parties are not
permitted or indeed expected to take any step capable of prejudicing or
impairing the fair adjudication or determination of the matter.
The
issues raised in the suits transcend the constitutionality of the
President announcement to change the names of the University of Lagos to
Moshood Abiola University before an amendment by the National Assembly.
Indeed the court is being asked to determine whether or not the change
of name would affect not only the university but also thousands of
graduates who currently hold certificates bearing the name of University
of Lagos, or whether consultation was made before the decision to
change the name of Unilag to Abiola University and whether attaching
Abiola’s name to University of Lagos was an adequate, fit and proper
honour for a nationalist of Abiola’s stature. These and other issues
cannot be addressed by the proposed amendment to the law of the
University. Since these issues have been turned over to the Court, the
National Assembly cannot in law consider and deliberate on the
President’s Bill.
•The significance of june 12: appropriate national honour
The
decision to rename the University of Lagos, and not any other
University outside of the South West after Bashorun Abiola is really an
attempt to brand “June 12 1993” and all that it represents as being only
of regional significance.
By
sending Bills for the renaming of two other Universities at the same
time he sent that of the University of Lagos, Mr President has not done
anything to allay but on the contrary has heightened the fears of some
who argue that he regards June 12 1993 and the contributions and
sacrifice of Bashorun Moshood Abiola as being only of regional
significance. Thus in debating the Bills, the National Assembly will
have before it, the decision of the Federal Government to rename three
Universities, one from each of the major regions of the Country after a
national hero. What is more, the intended honorees all hail from the
region in which the University sought to be named after them are
located. Therefore in the real sense, the Federal Government has debased
or degraded what should be a national celebration to a regional
achievement.
By
sending Bills for the renaming of the three Institutions at the same
time suggests an attempt to appeal to the “regional” senses or loyalties
of the Lawmakers. By ensuring that each region is represented in the
proposed name changes by a University and also with a beneficiary in the
region, there is a clear intention that each legislator will be swayed
to view, debate and ultimately pass the Bills only from the standpoint
of regional considerations. Therefore, a lawmaker from a region other
than the southwest who otherwise would have questioned the
appropriateness of the decision regarding the University of Lagos may
decide not to “rock the boat” as a University and personality from his
own region of the country is also affected by the proposed amendments.
Rule of law and democracy
Democracy
is rooted in the belief in rule of law and unqualified obedience to and
practice of the principles that make up rule of law. With the cases
pending before the court, the non consultation with the council, the
alumni and other stakeholders of the university, the failure to rescind
the proclamation of 29th of May, 2012 on which the university and NUC
have acted and the need to honour Abiola with a befitting national and
not regional honour all make it imperative for National Assembly to
reject the bill.
I
therefore call on all members of the National Assembly to approach the
discussions of the Bill for the amendment of the University of Lagos Act
devoid of party loyalty or affiliations. They should take into
consideration all issues raised by stakeholders with regards to the name
change. They must not appear too eager to rubber stamp decisions taken
by the Executive arm of Government. They should not repeat the same
errors which characterized the decision of the Government in the very
first place. It is by adherence to proper procedure that the National
Assembly will be seen as makers of law and believers in the rule of law.
As I said in my initial Press Release, a befitting national honour is
perhaps the greatest honour that could be done to the late Bashorun
M.K.O Abiola. These could be the National Stadium, Aso Rock, National
Assembly and the likes.
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