Incorporated Trustees Of Nigerian Baptist Convention & Ors V. Governor Of Ogun State & Ors (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

HARUNA SIMON TSAMMANI, J.C.A. (Delivering the Leading Judgment)

This appeal is against the judgment of the Ogun State High Court, Abeokuta Judicial Division, delivered by Hon. Justice N. I. Saula on the 21st day of December, 2011.

By an Originating Summons dated the 22/6/2011 and filed the 23/6/2011, the Appellants on record, who were plaintiffs, placed before the Court below, the following questions for determination:

1. Whether it is unlawful for the 2nd Defendant in the exercise of its powers under Section 5 of the Education (Post Primary Institution) (Special Provisions) Law, Cap. 36 Laws of Ogun State of Nigeria, to have directed that the provisions of the said Law shall not apply to the various schools returned to the Claimants vide letters dated 15th October, 2010 (particulars of which are set out in the schedule here under) and other letters and Agreements entered into between each of the Claimants and the 1st ? 3rd Defendants.

?2. Whether it is lawful for the 1st, 2nd and 3rd Defendants to resume the application of the Education (Post Primary Institutions) (Special Provisions) Law, Cap.36 Laws of Ogun

1

State of Nigeria to the various post primary institution released to the Claimants vide letters dated 15th October, 2010 or and other letters and Agreements between each of the Claimants and the 1st – 3rd Defendants which institutions are set out in the schedule hereunder.

3. Whether the Ogun State House of Assembly, House Resolution No. 251 “Reversal of Illegal Return of Schools To Initial Owners” moved and passed by the 4th Defendant on Wednesday, 1st June, 2011 was lawful and within the legislative functions of the Ogun State House of Assembly under Section 100 and 128 of the Constitution of the Federal Republic of Nigeria or any other law as to reverse the exercise of the power of the Executive Council under Section 5 of the Education (Post Primary Institutions) (Special Provisions) Law, Cap.36 Laws of Ogun State of Nigeria.

It was contended that if the answer to the above stated questions are in the negative, the Court should grant to the Claimants/Appellants the following reliefs:

(1) A DECLARATION that in virtue of the letter of confirmation of Approval sent to each of the Claimants by the Ogun State Government through the Ministry of

2

Education, Science and Technology dated 15th of October, 2010 and other letters and Agreements in that behalf (particulars of which are set out in the schedule hereto) the named post primary institutions(s) opposite the name of each of the Claimants thereof have been released from the applications of the provisions of the Education (Post-Primary Institutions) (Special Provisions) Law, Cap.36 Laws of Ogun State.

(2) A DECLARATION that the purported House Resolution No.251 of the 4th Defendant titled “Reversal of Illegal Return of Schools to Initial Owners” passed by the 3rd Defendant and set out as item 10 in the Votes and Proceedings No.180 of Wednesday 1st June, 2011 is unconstitutional, null and void and of no effect.

(3) AN ORDER setting aside the said Ogun State House of Assembly Resolution 251 made on the 1st June, 2011 aforesaid.

(4) AN ORDER of injunction restraining the Defendants by themselves, their servants and or agents from applying the provisions of Section 3 and 4 of the Education (Post-Primary Institutions) (Special Provisions) Law, Cap.36 Laws of Ogun State and or any other directive unknown to Law to the Claimants’ Institutions

3