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Supreme Court Affirms Osun, Oyo States’ Joint Ownership Of LAUTECH - Education - Nairaland

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Supreme Court Affirms Osun, Oyo States’ Joint Ownership Of LAUTECH by free2ryhme: 11:26am On Mar 28, 2012
The protracted dispute between Oyo and Osun states over the ownership of the Ladoke Akintola University of Technology (LAUTECH, Ogbomosho, has ended as the Supreme Court held on Monday that the school is jointly owned by both states.

The dispute had resulted from an alleged move by former Oyo State Governor, Adebayo Alao-Akala to unilaterally manage the institution, claiming that his state owned it.

The apex court, held that “the Governor of Oyo State could not, within the provisions of of Section 2 and 15 of the Ladoke Akintola Unviersity of Technology Law, 1990 (as amended), unilaterally take any decision on the appointment or otherwise of the Principal Officers, personnel, finances, fixed and floating assets of the University of Technology, without the agreement, concurrence and express permission of the Governor of Osun State”.

The court, in the judgment dated March 22, declared as null and void, all steps, actions, directions orders and commands unilaterally taken and or issued by the Government of Oyo State on the ownership of, running, properties and functions of the school’s organs, without the concurrence and agreement of the Osun State government.

It restrained “the Government of Oyo State by itself, Governor, Commissioners, Permanent Secretaries, or any officer or organ deriving title or authority from them, from taking any further step to give any directive or instruction contrary to the provisions of Ladoke Akintola University of Technology Law, 1990 (as amended), in particular, the joint ownership structure of the university”.

The apex court directed that both states should mutually run the school’s administration. The Chief Justice of Nigeria (CJN), Justice Dahiru Musdapher, delivering his judgment, upheld the terms of settlement agreed to by the two states.

The two states were in a long drawn battle over who had the authority to run the university.

This led Alao-Akala to approve some appointments in the university, including that of the office of the Vice-Chancellor, when the tenure of the holder of that office, from Osun State was yet to expire..

When the matter came up on Monday, counsel for Osun State, Mallam Yusuf Ali (SAN), said the two states had found a common ground and had resolved to forge a common ground in the interest of the institution.

The court ordered that “the governor of Oyo State could not, within the provisions of sections 2 and 15 of Ladoke Akintola University of Technology Law, 1990 (as amended), unilaterally take any decision on the appointment or otherwise of the principal officers, personnel, finances, fixed and floating assets of the university without the agreement, concurrence and express permission of the governor of Osun State.

“That the Oyo State government could not dissolve, abrogate, annul, tamper with or revoke the provisions of the law setting up the LAUTECH.”


http://www.thenationonlineng.net/2011/index.php/news-update/41273-supreme-court-affirms-osun%2C-oyo-states%E2%80%99-joint-ownership-of-lautech.html

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