Return of Schools to the Catholic Mission Law

RETURN OF SCHOOLS TO THE CATHOLIC MISSION LAW

1. Citation. This Law may be cited as the Return of Schools to the Catholic Mission Law.

2. Interpretation. In this Law- "Catholic Mission" means the Roman Catholic Church; "schools" means the schools mentioned in the Schedule to this Law; "staff" means staff of the schools mentioned in the Schedule to this Law; "State" means the Delta State of Nigeria; "students" means students of the schools mentioned in the Schedule.

3. Return of schools to Catholic Mission. (1) Subject to the provisions of the Education Law, 1985, there shall on the date of commencement of this Law be returned to and vested in the Catholic Mission all schools listed in the Schedule to this Law and other Government schools as the said Catholic Church shall apply for being schools formerly owned by the said Church before the takeover in 1973, accordingly, they shall be returned to and be vested in the Catholic Mission as from the said date- (a) all interests in or attaching to any premises used for the purposes of institution including any lands, buildings, equipment, furniture, books and any other movable property whatsoever held or used in or in connection with any of the said schools by the State immediately before the date of commencement of this Law; and (b) all rights and liabilities to which the State was entitled or subject immediately before the date of commencement of this Law, being rights and liabilities acquired or incurred solely for the purposes of managing or otherwise carrying on the business of the said schools as a secondary school or referred to in paragraph (a) of this section. (2) This section shall not apply to any rights or liabilities arising under- (a) contracts for the rendering of personal services; (b) contracts for the construction, repair, maintenance or otherwise of any building or for the supply of any equipment, materials or goods of any kind whatsoever on account of the said schools; or (c) any scheme or contracts whereunder, immediately before the commencement of this Law, the State is required to pay any benefits or otherwise grant or confer any privilege or advantage whatsoever to any person employed in the schools. (3) All property, rights or interests transferred to the Catholic Mission by virtue of this section shall vest in the Catholic Mission free of any trust, lien, charge or encumbrance whatsoever in respect of such property, right or interest immediately before the date of commencement hereof: Provided that nothing in the Education Law, 1985 or any other law shall derogate from the right of ownership herein vested in the Catholic Mission by this Law.

4. Staff and students of the schools. (1) The Catholic Mission shall, as from the commencement of this Law, take over all the staff and students of the said schools, who may opt to remain in the schools. (2) All staff and students who are unwilling to remain in the said schools as a result of this Law shall be absorbed in the nearest institution or other institutions in the State without loss of status or class.

5. Return of additional schools. The Executive Council may by order published in the State Gazette return such other schools formerly owned by the Catholic Mission and not included in the Schedule to this Law as the Catholic Mission may from time to time apply. RETURN OF SCHOOLS TO THE CATHOLIC MISSION LAW