The Olabisi Onabanjo University, Ago-Iwoye Student Union Government Judicial Council had issued a stern warning to the National Association of Nigerian Students (NANS), JCC Ogun State Axis about undermine the upcoming SUG elections and trying to incite students to rebel against the school management, which has acted in their best interests.
The Judicial Council ably led by the Acting Chief Judge, Hon. Justice Waliyu Temitope Azeez has warned the NANS JCC against any attempts to compromise the forthcoming election and stated that any such actions would be met with severe consequences.
Hon. Justice Waliyu however stated that the School management reconstituted the ECO and PECO based on the recommendations of the Student Union Heads as well as the Doctrine of Necessity, which is intended to restore peace and order in the Student Union and they had Elected a committee to oversee the process and ensure that all candidates were given an equal opportunity to participate.
The Judicial Council has now called on all Students to support the efforts of the management and work towards building a better future for the university.
READ THE FULL MEMO BELOW
OLABISI ONABANJO UNIVERSITY, STUDENTS’ UNION GOVERNMENT JUDICIAL COUNCIL (OOUSUGJC)
RE: NANS CONDEMNS ATROCITIES OF OOU SCHOOL MANAGEMENT
The OOUSUGJC is aware that some people making claims to represent NAN JCC have been disseminating untrue information to harm the reputations of the Vice Chancellor, the school management , and the Acting Chief Justice of the OOUSUGJC.
These false assertions are intended to incite students against the administration of the school and the Electoral Commission (ECO) and the Petition Electoral Commission (PECO) that were established by the School Management on the recommendation of the SUG heads and resolution of the Faculty Student Associations to oversee the upcoming SUG elections.
The earlier ECO and PECO purported to be constituted by the 35th OOUSUGSHS at its last sitting was held null and void by the OOUSUGJC on two grounds.
First of all, the so-called “Graduated Nominees” who were disqualified by the senate have the same rights as every other undergraduate student in the institution as long as they have not been properly cleared by the OOU SENATE and have not been given certificates certifying them to be bona fide graduates of the school. By virtue of Section 2, the earlier nominees were still Student Union members and thus unjustly disqualified.
Secondly, if the point of order raised by the Senate President at the last Sitting of the SHS that the earlier nominees should not be part of the electoral body because they are done with the academic session is to stand, then the Senate President himself should cease to be in power because the point of order applies to him also.
The judgment of the OOUSUGJC was rested on the legal principle of “You cannot put something on nothing”.
This was the position of the Privy council by Lord Alfred Thomas Dennin in Benjamin Leonard MacFoy V United Africa Company Limited.
This principle was also used by Niki Tobi Jsc in the case of Attorney General of Abia State & 2 Ors V Attorney General of the Federation 33 Ors.
It should be noted that the resolution to make use of each of the faculty presidents and Speakers of the various Faculties in the University as the ECO and PECO representatives of their respective faculty respectively was not forced unto the students contrary to the false statements broadcasted by the individuals purporting to act under NAN JCC.
Since the SHS has been dissolved and thus can no longer constitute Eco and Peco according to to _Sections 68 and 66 of the SUG constitution respectively.
Thus, the most equitable way to resolve the issue at hand was to reconstitute the Eco and Peco using the validly elected officials of each faculty student association as the representative of each faculty since the SUG is the umbrella union of all.
The resolution was rather reached by the Consensus of the heads of the three arms of the SUG which include; The President, the Acting Chief Judge and even the Senate President.
Additionally, the resolution was adopted based on the Doctrine of Necessity. The Doctrine of necessity serves as the foundation for the legality of extraordinary administrative actions that are intended to restore order or uphold fundamental constitutional principles, even if they go against the established constitution, laws, norms, or conventions.
The Doctrine of necessity has been incorporated into Nigerian legal doctrine, and the court has affirmed it in numerous instances, including the well-known case of Lakanmi & Anor V. A.G. Western state.
Therefore, it is clear from the above that School management reconstituted the ECO and PECO based on the recommendations of the Student Union heads as well as the Doctrine of Necessity, which is intended to restore peace and order in the Student Union.
While the exact motives of the people transmitting the fake information under the guise of NAN JCC seems to be sketchy and could not be determined.
However, it is clear that they are intended to undermine the upcoming SUG elections and incite students to rebel against the school management, which has acted in their best interests.
The OOUSUGJC advises that all students be on the lookout for misleading information and abstain from any behaviour that could jeopardise the Vice Chancellor’s and the School Management’s intentions for doing what is right.
No one should ever threaten the school Management with violence or attempt to instigate students to rebel against the administration by hiding behind the guise of an outside organisation.
The assertions of imposition and illegality are false, unjustified, and an inappropriate intervention into the business of our union’s activities.
The OOUSUGJC further advises that School administration put measures in place through its security officers and the state’s security operatives in case anyone tries to disturb or violate the public peace within the University Community.
SIGNED ✍️
HON. JUSTICE WALIYU TEMITOPE AZEEZ
Ag. CHIEF JUSTICE,
OOUSUG JUDICIAL COUNCIL
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