(1983) JELR 46414 (SC)    

Supreme Court  ·  SC.83/1982 ·  30 Mar 1983 ·  Nigeria
Other Citations
(1983) All N.L.R 179 (1983) 9 S.C 59
CHUKWUWEIKE IDIGBE Justice of The Supreme Court of Nigeria AYO GABRIEL IRIKEFE Justice of The Supreme Court of Nigeria MOHAMMED BELLO Justice of The Supreme Court of Nigeria KAYODE ESO Justice of The Supreme Court of Nigeria AUGUSTINE NNAMANI Justice of The Supreme Court of Nigeria MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria ATANDA FATAYI-WILLIAMS Justice of The Supreme Court of Nigeria
Core Terms Beta
national assembly
court of appeal
item l of the concurrent legislative list
part ii of the second schedule
private school
education law of imo state
private agency
private individual
xx xx xx xx
common ground
federal court of appeal
imerienwe university
imo state house of assembly
imo technical university
state assembly
constitution of the federal republic of nigeria
constitution of the federation
first question
fourteenth amendments of the constitution of the united states
high court of imo state
members of subject panels
establishment of such institution
establishment of the imerienwe university
following questions
forms part of the said imerienwe university
government of imo state
item l aforesaid
leading judgment
legislative powers of the national
matriculation board act void
permission of the imo state commissioner
primary institution
private person
public rights
reasons of the provisions of sections
regulation make provisions
respect of public welfare
respect of the provisions of item l
right of individuals
rights of other persons
said university
secondary school
substantial questions of law
view of the decision of this court
views of the learned trial chief judge
williams-williams c.j.n.

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…

There's more. Sign in to continue reading. is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.

Get started   Login