Get 20M+ Full-Text Papers For Less Than $1.50/day. Start a 14-Day Trial for You or Your Team.

Learn More →

The Exclusive Jurisdiction of Nigerian Universities in Comparative Perspective

The Exclusive Jurisdiction of Nigerian Universities in Comparative Perspective E.S. NWAUCHE * AND J.C. NWOBIKE ** INTRODUCTION The recent Supreme Court of Nigeria’s decision in Esiaga v University of Calabar1 has again brought to the fore the issue of the domestic jurisdiction of Nigerian universities. This decision, which we shall return to later, affirmed that in some cases, Nigerian universities have an exclusive domestic jurisdiction. This paper critically examines this position in the context of the position of the law in South Africa and England. I. THE NATURE OF NIGERIAN UNIVERSITIES Nigerian universities2 are creations of statute.3 Ordinarily therefore her powers must flow necessarily from the enabling statutes. All Nigerian universities consist of bodies and principal officers. For example, section 2 of the University of Port Harcourt Act4 provides that the university shall inter alia consist of a Chancellor;5 a Pro-Chancellor who is also the chairman6 of the Governing Council7 of the * LL.B; LL.M; BL. Visiting Professor of Law, Faculty of Law, University of the North-West, Potchefstroom South Africa and Associate Professor of Law Faculty of Law Rivers State University of Science and Technology, P.M.B 5080, Nkpolu, Port Harcourt, Rivers State, NIGERIA. nwauche@hotmail.com ** LL.B; LL.M; BL. Doctoral Candidate, University of Essex, Colchester, United Kingdom Senior http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png African Journal of International and Comparative Law Edinburgh University Press

The Exclusive Jurisdiction of Nigerian Universities in Comparative Perspective

Download PDF
22 pages

Loading next page...
 
/lp/edinburgh-university-press/the-exclusive-jurisdiction-of-nigerian-universities-in-comparative-DdhKao0oAZ
Publisher
Edinburgh University Press
Copyright
© Edinburgh University Press
ISSN
0954-8890
eISSN
1755-1609
DOI
10.3366/ajicl.2005.13.2.314
Publisher site
See Article on Publisher Site

Abstract

E.S. NWAUCHE * AND J.C. NWOBIKE ** INTRODUCTION The recent Supreme Court of Nigeria’s decision in Esiaga v University of Calabar1 has again brought to the fore the issue of the domestic jurisdiction of Nigerian universities. This decision, which we shall return to later, affirmed that in some cases, Nigerian universities have an exclusive domestic jurisdiction. This paper critically examines this position in the context of the position of the law in South Africa and England. I. THE NATURE OF NIGERIAN UNIVERSITIES Nigerian universities2 are creations of statute.3 Ordinarily therefore her powers must flow necessarily from the enabling statutes. All Nigerian universities consist of bodies and principal officers. For example, section 2 of the University of Port Harcourt Act4 provides that the university shall inter alia consist of a Chancellor;5 a Pro-Chancellor who is also the chairman6 of the Governing Council7 of the * LL.B; LL.M; BL. Visiting Professor of Law, Faculty of Law, University of the North-West, Potchefstroom South Africa and Associate Professor of Law Faculty of Law Rivers State University of Science and Technology, P.M.B 5080, Nkpolu, Port Harcourt, Rivers State, NIGERIA. nwauche@hotmail.com ** LL.B; LL.M; BL. Doctoral Candidate, University of Essex, Colchester, United Kingdom Senior

Journal

African Journal of International and Comparative Law – Edinburgh University Press

Published: Sep 1, 2005

There are no references for this article.