By Ajibola Falola
A Lagos High Court sitting at Tafawa Balewa Square has fixed September 26, 2024, to rule on the legal status of Pan Atlantic University (PAU) in a biography project lawsuit.
The lawsuit was brought by Professor Nduka Otiono of Carleton University, Canada, who had sued PAU and the wife of a former Regional Director of the Ford Foundation, late Innocent Chukwuma, over the biography of her late husband.
The claimant had prayed the court for a declaration that the defendants breached the terms of the contract when they failed to approve the manuscript within 30 days by March 14, 2023. He also urged the court to declare the defendants’ letter dated May 8, 2023, purporting to terminate the contract between the parties as wrongful, illegal, null, and void.
The defendants’ counsel, A.O Okafor, urged the court to strike out the name of PAU from the suit for being not a person known to law and not capable of being sued. He argued that there is no existing legal entity or person known as “Pan Atlantic University (Proprietor of Lagos Business School)” or “Pan Atlantic University”.
The claimant’s counsel, Chief Uche C. Ihediwa SAN, opposed the application, arguing that juristic personality is conferred by statutes and not by the Rules of Court. He submitted that the rules of court merely provide for how categories of juristic persons may be sued.
The court has fixed September 26, 2024, to rule on the legal status of PAU, which will determine whether the university can be sued. The outcome of this ruling will have implications for the rest of the case.