Recently, a Federal High Court directed the education ministry to apply uniform requirement for candidates seeking admission into the unity schools. The admission issue, which had been controversial, appears to be settled by the court. Senior Correspondent, JUDE KENNETH, sought the views of some lawyers on the ruling.
The issue of disparity in the admission of candidates into unity schools have been generating a lot of controversy. While some people said that uniform admission requirements should be applied to all candidates, irrespective of their geographical origin, others were of the opinion that the principle of federal character and disadvantaged areas should be maintained. Not pleased with the system adopted by the Ministry of Education, the issue was taken to court by Olisa Agbakoba (SAN), former president of the Nigerian Bar Association (NBA) under the enforcement of fundamental human rights, and the court gave a ruling in his favour.
Following the development, some lawyers have reacted to the ruling delivered by Justice John Tsoho of the Federal High Court, Lagos, on the disparity in the admission requirements of candidates seeking admission into the nation’s unity schools.
Lagos State Solicitor General and Permanent Secretary, Ministry of Justice, Lawal Pedro (SAN), told TheNiche that he was not a party to the suit and so cannot say much on the ruling. However, he said that if it is the decision of the court now, it should remain until it is set aside, possibly by an appeal ruling.
For Agbakoba, the plaintiff, “the ruling is great for constitutional equality”.
A Lagos-based lawyer and commentator on judicial issues, Felix Fagbohungbe (SAN) applauded the ruling. He agreed with the judge entirely, pointing out that we are all Nigerians and are equal before the law.
Fagbohungbe expressed his joy over the ruling, submitting that the judge has interpreted the law properly.
On the possibility of those concerned not obeying the court order, the learned gentleman said the Minister of Education has no choice than to comply with the directive.
“The minister would not like to be seen as disobeying the directive of the court. If he does, it becomes impunity on his part.
“I am sure (Goodluck) Jonathan’s government will not like to disobey the lawful order of the court,” he said.
Another lawyer, Johnson Esezoobo, said he would not want to venture into an opinion like that, as it is a controversial issue. He, however, made reference to such litigation when one Badejo went to court to challenge refusal to admit her in one of the unity schools.
Esezoobo said that he would go back to that ruling and compare it with the present ruling before commenting fully on it. He, however, posited that everybody is equal before the law and should be treated as such.
A Lagos High Court presided over by Justice John Tsoho had, last Wednesday, directed the Ministry of Education to adopt uniform admission requirements in the admission of candidates into the entire nation’s unity schools. Such uniform requirements include cut-off marks and any required academic qualification.
The judge gave the direction in the ruling he delivered on the fundamental human rights enforcement suit filed by Agbakoba against the Attorney-General of the Federation and the Minister of Education.
In the ruling, Tsoho faulted the disparity in the admission requirements and declared that the action of the Minister of Education in prescribing and applying different requirements for candidates seeking admission into unity schools is in violation of Section 42(1) of the 1999 Constitution. He held that the provisions of the constitution are superior to any other administrative law or policy adopted by the Minister.
In the suit, the lawyer prayed for a declaration that the action of the minister in prescribing and applying different requirements, including cut-off marks for candidates seeking admission into unity schools, is in violation of the candidates’ rights to acquire education. It also violates the provision of the constitution.
He also prayed for an order directing the minister to apply uniform admission requirements, especially cut-off marks, to all candidates seeking admission into the schools.
In the suit, Agbakoba sought an order of perpetual injunction restraining the minister from further acts of discrimination in admission to unity schools.
However, in one of the respondent’s counter-affidavit to the application, it was argued that the federal government policies on education, particularly as it relates to qualification for entry into unity schools is formulated to represent the federal character of the country as enshrined in the constitution and subsidiary legislation.
It was claimed that the first unity schools were set up to reflect the true spirit of “federal character” and had representations in the North, South, West and East of the country.
It was further averred that the different cut-off mark is to equitably allocate admission spaces to both states that are marginally ahead of others and those marginally behind others.
