Sagay Says Senate Resolution Does Not Bind JAMB - Read Why

According to the legal luminaries, the resolutions passed by the Senate last week, reducing the cost of UTME form from N5,650 to N2,500 and the extension of results validity to three years are not binding on the Joint Admissions and Matriculation Board, JAMB. Itse Sagay Recall that the Senate had, on November 17, 2015, adopted a resolution and directed its Committee on Tertiary Institutions and TETFund to inquire into circumstances surrounding the new JAMB policy, including allegations of favouritism as well as review of JAMB admission. 

Speaking on the legal perspective, Professor Itse Sagay said: “It is not binding because JAMB is an executive body. They cannot pass a resolution on such body, but can only give an advice. 

The resolution is like making a request. Only the Minister of Education, or the Council governing JAMB can take such decisions. The National Assembly is a legislative body. It is a different thing if they have passed a bill signed into law to that effect.” In the same vein, Mrs. Funke Adekoya (SAN) said: ‘’The resolutions by the Senate is not binding on JAMB. The House of Representatives are yet to make a law and not a resolution that is binding on JAMB. It is mere advice and it is not binding. If JAMB does not obey, there is no law that has been broken or breached. 

The resolution only indicates that the Senate is concerned about the high cost, but they have not made a law to back up their resolution.’’ Legislative procedure Also, Chief Morah Ekwunoh, a legal practitioner said: ‘’The resolutions of the Senate is not binding on JAMB because it is a resolution and not a legislation. 

The Senate should have come by way of legislative procedure to enact appropriate law and get presidential assent. Then it becomes a law binding on everybody including JAMB. Without that, all their motions constitute appeal, not force. Another way this cost could be reduced and binding on JAMB is by executive fiat, because JAMB is within the arm of the executive. In the constitution, the executive legislative and judiciary are separated, so there can be no interference.’’

Source: Vanguard