LEGAL PRINCIPLE: ADMINISTRATIVE LAW – Distinct Statutory Capacities – Head of State Acting as Visitor to a University
PRINCIPLE STATEMENT
Although the President, Commander-in-Chief of the Armed Forces is by law the Visitor to all Federal Universities in Nigeria, when he acts as Visitor to a University, he acts in accordance with powers vested in him by the statute creating the University and cannot exceed those powers.
RATIO DECIDENDI (SOURCE)
"Although the President, Commander-in-Chief of the Armed Forces is by law, the Visitor to all Federal Universities in Nigeria, but when he acts as Visitor to a University, he acts in accordance with powers vested in him by the statute creating the University and he cannot exceed those powers."
EXPLANATION / SCOPE
The Head of State holds multiple distinct legal capacities: President/Commander-in-Chief (executive powers), Visitor to federal universities (statutory powers under each university’s enabling law). When acting as Visitor, he exercises only powers conferred by the specific university statute, not general executive powers. Visitorial powers are creature of statute and limited to what the statute grants—typically oversight, dispute resolution, and ensuring statutory compliance. The Visitor cannot exercise general governmental powers when acting in visitorial capacity, nor can visitorial actions be defended based on executive authority. This principle maintains separation between different legal capacities and prevents conflation of powers. Actions must be justified by powers applicable to the specific capacity in which the person acted.