By Okoi Obono-Obla
I received the news of the suspension of five members of the Governing Council of the University of Cross River State by the Cross River State House of Assembly for alleged diversion of university assets with considerable trepidation and misgiving.
I unreservedly condemn such acts and support a thorough investigation leading to the appropriate punishment of any culprits. However, I seriously question the encroachment upon the authority of law enforcement, which is legally vested in the Nigeria Police Force, the Economic and Financial Crimes Commission, and the Independent Corrupt Practices and Other Related Offences Commission.
The Cross River State House of Assembly possesses no jurisdiction to investigate the commission of a crime under any pretext. Its primary function is to enact laws for the peace, stability, and good governance of Cross River State.
In fulfilling its lawmaking role, the House has ancillary responsibilities, as outlined in Section 128, to exercise oversight of the executive branch, including its agencies, ministries, departments, and commissions, such as the University of Cross River State.
This oversight aims to expose corruption, inefficiency, and maladministration, thereby improving the laws establishing these entities.
The University of Cross River State was established by the University of Cross River State (Establishment) Law No. 2 of 2020. This law vests in the governor of Cross River State the power to appoint the Chairman/Pro-Chancellor and members of the Governing Council.
A fundamental legal principle dictates that the power to suspend derives from the power to appoint. Because the House of Assembly lacks the authority to appoint members of the Governing Council of the University of Cross River State, it is precluded from suspending those members. The power to suspend, in this instance, rests solely with the governor, as the appointing authority.
Section 11, subsection 2, paragraphs (a), (b), (c)(i), and (c)(ii) of the Interpretation Act provides as follows:
‘Where an enactment confers a power to appoint a person either to an office or to exercise any functions, whether for a specified period or not, the power includes:
(a) power to appoint a person by name or to appoint the holder from time to time of a particular office;
(b) power to remove or suspend him; (c) power, exercisable in the manner and subject to the limitations and conditions (if any) applicable to the power to appoint,-
(i) to reappoint or reinstate him,
(ii) to appoint a person to act in his place, either generally or in regard to specified functions, during such time as is considered expedient by the authority in whom the power of appointment in question is vested.’
It follows that the purported suspension of five members of the University of Cross River State on 25 March 2025 for the alleged crime of diversion or theft of university assets by the Cross River State House of Assembly is illegal, wrongful, and unconstitutional.
Legally, a foundation of nothing cannot support anything. It will inevitably collapse because nothing can come from nothing.
It is advisable for the Cross River State House of Assembly to remain abreast of the provisions of the Constitution of the Federal Republic of Nigeria, 1999, and to adhere strictly to the boundaries and limitations of its assigned powers. This will safeguard it from public condemnation and ridicule, and prevent any constitutional conflict with the executive branch of government.
