IDIGBE, J.S.C. (Delivering The Leading Judgment): This matter comes before this Court as a reference by the Federal Court of Appeal (Mamman Nasir P., Phil-Ebosie, Aseme, Alfa Belgore and Olatawura JJ.C.A.) holden at Enugu-hereinafter referred to simply as "the Court of Appeal"-under section 259 (3) of the 1979 Constitution of the Federal Republic of Nigeria (hereafter referred to simply as "the 1979 Constitution") whereby this Court is asked to give its opinion on the following questions:
"(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 provisi…