A.G OF BENDEL STATE V. A.G OF THE FEDERATION & ORS
July 24, 2025THE STATE V. SALIHU MOHAMMED GWONTO
July 24, 2025Legalpedia Citation: (1983) Legalpedia (SC) 61175
In the Supreme Court of Nigeria
Wed Mar 30, 1983
Suit Number: SC. 83/1982
CORAM
ATANDA FATAI-WILLIAMS, CHIEF JUSTICE, NIGERIA
DANIEL O. IBEKWE, JUSTICE, SUPREME COURT br/>
MOHAMMED BELLO, JUSTICE, SUPREME COURT
OLABODE RHODES-VIVOUR
ANDREWS OTUTU OBASEKI, JUSTICE, SUPREME COURT
KAYODE ESO, JUSTICE, SUPREME COURT
AUGUSTINE NNAMANI, JUSTICE, SUPREME COURT
PARTIES
DR BASIL UKAEGBU APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The respondent took this action for declarative reliefs and injunctions against the appellant who was alleged to neither sought nor obtained approval of the Federal Government of Nigeria or of the Government of Imo State for the establishment of the Imo Technical University, Imerienwe
HELD
The Court answered the first question in the negative, the second question in the affirmative while the third and fourth questions were answered in the negative.
ISSUES
“(1) Is it correct to construe Item L of the Concurrent Legislative List contained in the Constitution of the Federation as implying that no private agency or individual can establish a University except by invoking the legislative powers of the National or State Assembly (sic) to establish the same? (2) If the first question is answered in the negative, has a private individual or agency the right to establish a University, or a secondary school or post primary institution by reasons of the provisions of sections 16 and 36 of the Constitution? (3) Is section 5 of the joint Admissions and Matriculation Board Act void for inconsistency with sections 36 and 41 of the Constitution of 1979? (4) Are sections 34 and 35 of the Education Law of Imo State (No. 1 of 1980) void for inconsistency with sections 36 and 41 of the Constitution?
RATIONES DECIDENDI
INTERPRETATION OF THE CONSTITUTION
“In the view of this court where the question is whether the Constitution has used an expression in the wider or in the narrower sense, the court should always lean where the justice of the case so demands to the broader interpretation unless there is something in the context or in the rest of the Constitution to indicate that a narrower interpretation will best carry out its object and purpose.” Per Idigbe, JSC
RIGHT OF A CITIZEN TO ESTABLISH UNIVERSITY
Therefore, unless the National Assembly in exercise of its powers under the said paragraph (i.e. 27 aforesaid) passes a law to regulate indiscriminate establishing of universities, the private citizens right under section 36 of the 1979 Constitution to establish a university remains completely or absolutely uninhibited; and even then, if and when the National Assembly passes any law which is intended to restrict the right of the citizen under section 36 aforesaid, such law can validly operate only if it can be justified under the provisions of section 41(1) of the 1979 Constitution.” Per Idigbe, JSC
REFERENCE TO A HIGHER COURT FROM A LOWER COURT
“It cannot be disputed that what can be referred to the Supreme Court for a decision under section259(3) of the Constitution is any question as to the interpretation or application of the Constitution which involves a substantial question of law. A decision already made by the Federal Court of Appeal cannot be referred to the Supreme Court for another decision under that section. Once a decision on the substantial question of law is given by the Federal Court of Appeal, the only way to obtain a review of that decision is by way of appeal to the Supreme Court.” Per Idigbe, JSC
CASES CITED
Senator Abraham Adesanya vs. President Federal Republic of Nigeria and another (1981)2 NCLR. 358 at 369 to 370
Nafiu Rabiu vs. The State (1981) 2 NCLR. 293
Staub vs. City of Baxley (1958) 355 U. S 311 at 321; 323; also 2L-ed (First Series) 302 at 311
Attorney-General for the Province of Ontario& others vs. Attorney-General for the Dominion of Canada (1912) A.C.571 at 583
STATUTES REFERRED TO
The 1979 Constitution of the Federal Republic of Nigeria
The joint Admissions and Matriculation Board Act, No. 2 of 1978 /
Education Law of Imo State, Law No. 10 of 1980.
