By Gbenga Olarinoye
OSOGBO—The Osun State Government yesterday filed a suit at the Supreme Court asking the apex court to give its seal to the perpetual joint ownership of Ladoke Akintola University of Technology, Ogbomoso by Osun and Oyo states.
In the originating summons filed at the registry of the Supreme Court in Abuja by Yusuf Alli, SAN, and seven other Senior Advocates of Nigeria, Osun State is challenging the powers of Oyo State government to appropriate, expropriate or in any manner deal with the properties of the University as the property of Oyo State alone and to unilaterally remove principal officers of the university.
The originating summons is supported by a 35-paragraphs affidavit deposed to by Niyi Owolade, Osun State Attorney General and Commissioner for Justice who averred that unless the Supreme Court granted the declaratory orders sought, the actions of Oyo State government would jeopardise the existence of the university.
In the suit Osun State is seeking the following reliefs : *A declaration that the Governor of Oyo State could not, within the provisions of Section 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 Ladoke Akintola University of Technology without the agreement, concurrence and express permission of the Governor of Osun State.
*A declaration that the Government of Oyo State could not within the provisions of Sections 2 and 15 of the Ladoke Akintola University of Technology Law 1990 (as amended) take unilateral decision or actions affecting the joint ownership structure of the University or seek to appropriate, expropriate or in any other manner deal with any matter concerning the Ladoke Akintola University of Technology as the property of Oyo State.
*A declaration that the Government of Oyo State could not dissolve, abrogate, annul, tamper with or in any other manner whatsoever purport to revoke expressly or by necessary implication the provisions of the law setting up the Ladoke Akintola University of Technology, otherwise known as the Ladoke Akintola University of Technology law (as amended).
*An order setting aside, making null and void all steps, actions, directions, orders and commands unilaterally taken and/or issued by the government of Oyo State on the ownership, running, properties and the functions of the organs of Ladoke Akintola University of Technology without the concurrence and agreement of Osun State government.
*A perpetual injunction restraining 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 or other step or 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.
Specifically, Osun State is challenging the legal validity of the unilateral removal of the Vice-Chancellor of LAUTECH, unilateral and unlawful appointment of a purported acting Vice Chancellor and the unlawful, irregular and brazen appropriation of all the properties and good will, of the university by Oyo State.
Osun State is therefore asking the court to determine the following questions:
“Whether the Government of Oyo State could within the provisions of Section 2 and 15 of the Ladoke Akintola University of Technology, Ogbomoso Law 1990 (as amended) unilaterally take any decision on the Principal Officers, Personnel, Finances, Fixed and Floating Assets of the Ladoke Akintola University of Technology, Ogbomoso without the agreement, concurrence and express permission of the Governor/Government of Osun State.
“Whether the Government of Oyo State could within the provisions of sections 2 and 15 of the Ladoke Akintola University Law 1990 (as amended) take unilateral decisions affecting the interest, rights and entitlements on the joint ownership structure of the Ladoke Akintola University of Technology, Ogbomoso or seek to appropriate, expropriate or in any manner deal with the properties of the University as the property of Oyo State alone.
“Whether the government of Oyo State could dissolve, abrogate, annul, tamper with or in any other manner whatsoever purport to revoke expressly or by necessary implication the provisions of the law setting up the Ladoke Akintola University of Technology otherwise known as the Ladoke Akintola University of Technology 1990 Law (as amended).
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