FEDERAL UNIVERSITY OF OTUOKE (ESTABLISHMENT) ACT, 2015
EXPLANATORY MEMORANDUM
This Act establishes the Federal University, Otuoke to ensure equity and access to tertiary education in the country.
The University is a conventional University with restricted programmes and limited and focused faculties.
FEDERAL UNIVERSITY OF OTUOKE (ESTABLISHMENT) ACT, 2015
ARRANGEMENT OF SECTIONS
SECTION:
1. Establishment of Federal University of Otuoke 2. Objects of the University 3. Membership of the University 4. Functions of the University 5. Chancellor to take precedence before other members 6. Establishment and membership of the Council 7. Council and Other Committees of the University 8. Functions of the Senate 9. Vice -Chancellor to take precedence in the absence of Chancellor
PART I - ESTABLISHMENT, CONSTITUTION AND FUNCTIONS OF FEDERAL UNIVERSITY,OTUOKE
PART II - TRANSFER OF PROPERTY
10. Transfer of Property
PART III - STATUTES OF THE UNIVERSITY
11. Statutes of the University 12. Power to make and approve Statutes 13. Proof of Statute in court 14. Visitor's decision in case of dispute
PART IV- SUPERVISION AND DISCIPLINE
15. Supervision and Discipline 16. Removal of members 17. Grounds and procedure for removal of members 18. Removal of examiner 19. Disciplinary action on students
PART V - MISCELLANEOUS AND GENERAL PROVISIONS
20. A student not to be discriminated against 21. Application of the Land Use Act 22. Consent of Visitor in Land deals 23. Quorum
24. Committees 25. Seal of University 26. Proposals and recommendation 27. Interpretation 28. Citation
FEDERAL UNIVERSITY OF OTUOKE (ESTABLISHMENT) ACT, 2015
A Bill
For
Commencement
An act to establish the Federal University, Otuoke and to make comprehensive provisions for due management and administration; and for related matters.
ENACTED by the National Assembly of the Federal Republic of Nigeria -
PART 1 - ESTABLISHMENT, CONSTITUTION AND FUNCTIONS OF FEDERAL UNIVERSITY, OTUOKE
1. (1) There is established the Federal University, Otuoke (in this
Act referred to as "the University").
(2) The University -
(a) shall be a body corporate with perpetual succession and a common seal; and
(b) may sue or be sued in its corporate name.
2. The objects of the University shall be to -
(a) encourage the advancement of learning and to hold out to all persons without distinction of race, creed, sex or political conviction the opportunity of acquiring higher and liberal education;
(b) provide courses of instruction and other facilities for the pursuit of learning in all its branches, and to make those facilities available on proper terms to such persons as are equipped to benefit from them;
Establ ishment of Federal University of Otuoke
Objects of the University
(c) encourage and promote scholarship and conduct research in restricted fields of learning and human endeavour;
(d) relate its activities to the social, cultural and economic needs of the people of Nigeria; and
(e) undertake other activities appropriate for a university of the highest standard.
3. (1) The University shall consist of -
(a) Chancellor;
(b) Pro-Chancellor and a Council;
(c) Vice Chancellor and a Senate;
(d) two Deputy Vice-Chancellors or such number of Deputy Vice-Chancellors as the council may, from time to time, deem necessary for the proper administration of the University;
(e) a body to be called Congregation;
(f) a body to be called Convocation;
(g) the campuses and colleges of the University;
(h) the faculties, schools, institutes and other teaching and research units of the University;
(i) the persons holding the offices constituted by the First Schedule to this Act other than those mentioned in paragraphs (a) to (c) of this subsection;
(j) all graduates and undergraduates; and
(k) all other persons who are members of the University in accordance with provisions made by Statute in that behalf.
(2) The First Schedule to this Act shall have effect with respect to the Principal Officers of the University mentioned
Membership of the University
Firs: Schedule
4.
therein
(3) A provision shall be made by a Statute with respect to the constitution of the following bodies-
(a) the Council;
(b) the Senate;
(c) the Congregation; and
(d) the Convocation.
Functions of the (1) For the carrying out of its objects as specified in section 2 University
of this Act, the University shall have power to -
(a) establish such campuses, colleges, faculties, institutes, schools, extra-mural departments and other teaching and research units within the University as may, from time to time, seem necessary or desirable, subject to the approval of the National Universities Commission;
(b) institute professorships, readerships and associate professorships, lectureships and other posts and offices and to make appointments thereto;
(c) institute and award fellowships, scholarships, exhibitions, bursaries, medals, prizes and other titles, distinctions, awards and forms of assistance;
(d) provide for the residence, discipline and welfare of members of the University;
(e) hold examinations and award degrees, diplomas, certificates and other distinctions to persons who have pursued a course of study approved by the University and have satisfied such other requirements as the University may lay down;
(f) award honorary degrees, fellowships or academic titles;
(g) demand and receive from any student or any other person attending the University for the purpose of instruction such fees as the University may, from time to time determine, subject to the overall directives of
the appropriate authority;
(h) subject to section 22 of this Act, to acquire, hold, grant, charge or otherwise deal with or dispose of movable and immovable property wherever situate;
(i) accept gifts, legacies and donations, but without obligation to accept the same for a particular purpose unless it approves the terms and conditions attaching thereto;
U) enter into contracts, establish trusts, act as trustee, solely or jointly with any other person, and employ and act through agents;
(k) erect, provide, equip and maintain libraries, laboratories, lecture halls, halls of residence, refectories, sports grounds, playing fields and other buildings or things necessary, suitable or convenient for any of the objects of the University;
(1) hold public lectures and undertake printing, publishing and book selling;
(m) subject to any limitation or condition imposed by Statute, to invest any moneys appertaining to the University by law of endorsement, whether for general or special purposes, and such other moneys as may not be immediately required for current expenditure, in any investment or security or in the purchase or improvement of land, with power from time to time to vary any such investment and to deposit any money for the time being un-invested with any bank on deposit or 'current account;
(11) borrow, whether on interest or not, and if need be, upon the security of any or all of the property movable or immovable of the University, such moneys as the Council may, from time to time in its discretion, find necessary or expedient to borrow or to guarantee any
loan, advance or credit facility;
(0) make gifts for any charitable purpose;
(p) do anything which it is authorized or required by this Act or by any other Statute to do; and
(q) do all such acts or things, whether or not incidental to the foregoing powers, as may advance the objects of the University.
(2) Subject to the provisions of this Act and of the Statutes made there under and without prejudice to section 9 (2) of this Act, the powers conferred on the University by subsection (1) of this section shall be exercisable on behalf of the University by the Councilor by the Senate or in any other manner which may be authorized by this Act.
5. (l) The Chancellor shall in relation to the University, take precedence before all other members of the University, and when he is present shall preside at all meetings of convocation held for conferring degrees.
(2) The Pro-Chancellor shall, in relation to the University, take precedence before all other members of the University except the Chancellor, and except for the Vice- Chancellor when acting as Chairman of Congregation or Convocation, and the Pro-Chancellor shall, when he is present, be the Chairman at all meetings of the Council.
6. (1) There shall be a Council for the University consisting of:
(a) the Pro-Chancellor;
(b) the Vice-Chancellor;
(c) the Deputy Vice-Chancellors;
(d) one person from the Federal Ministry responsible for
Chancellor to take precedence before other members
Establ ishment and membership of the Counci I
education;
(e) four persons representing a variety of interest and broadly representative of the whole Federation to be appointed by the President;
(f) four persons appointed by the Senate from among its members;
(g) two persons appointed by the Congregation from among its members; and
(h) one person appointed by the Convocation from among its members.
(2) Persons to be appointed to the Council shall be persons of proven integrity, knowledgeable and familiar with the affairs and tradition of the University.
7. (1) Subject to the provisions of this Act relating to the Visitor, the Council shall be the governing body of the University and shall be charged with the general control and superintendence of the policy, finances and property of the University, including its public relations.
(2) There shall be a committee of the Council to be known as the Finance and General Purposes Committee, which shall, subject to the directions of the Council, exercise control over the property and expenditure of the Council as the Council may from time to time delegate to it.
(3) Provision shall be made by Statute with respect to the constitution of the Finance and General Purposes Committee.
(4) The Council shall ensure that proper accounts of the University are kept and the accounts of the University are audited annually by auditors appointed by the Council from
Council and Other Committees of the University
the list and in accordance with guidelines supplied by the Auditor-General for the Federation, and that an annual report is published by the University together with certified copies of the said accounts as audited.
(5) Subject to this Act and the Statutes, the Council and the Finance and General Purposes Committee may each make rules for the purpose of exercising any of their respective functions or of regulating their own procedure.
(6) Rules made under subsection (5) of this section by the Finance and General Purposes Committee shall not come into force unless approved by the Council, and where any rule: so made by the Committee conflicts with any direction given by the Council (whether before or after the coming into force of the rules in question), the direction of the Council shall prevail.
(7) There shall be paid to the members of the Council, the Finance and General Purposes Committee and of any other Committee set up by the Council, allowances in respect of travelling and other reasonable expenses, at such rates as may from time to time be fixed by extant government circulars.
(8) The Council shall meet as and when necessary for the performance of its functions under this Act, and shall meet at least four times every year.
(9) If required in writing by five members of the Council, the Chairman shall within, 28 days after the receipt of such request, call a meeting of the Council:
PROVIDED that if after 28 days of the receipt or delivering to him of such request, the Chairman fails or neglects to call a meeting, the Registrar shall, within 14
days thereof, cause a meeting of the Council to be convened for that purpose and the request shall specify the business to be considered at the meeting and no business not so specified shall be transacted at that meeting.
8. Functions of the(1) Subject to section 5 of this Act and subsections (3) and (4) Senate of this section and to the provisions of this Act relating to the Visitor, it shall be the general function of the Senate to organize and control teaching in the University, admission to Post-graduate courses and other admission of students, the discipline of students and to promote research in the University.
(2) Without prejudice to the generality of the provisions of subsection (1) of this section, it shall in particular be the function of the Senate to make provision for the-
(a) establishment, organization and control of campuses, colleges, faculties, departments, schools, Institutes and other teaching -and research units of the University, and the allocation of responsibility for different branches of learning;
(b) organization and control of courses of study in the University and of the examinations held in conjunction with those courses, including the appointment of examiners, both internal and external;
(c) award of degrees, and such other qualifications as may be prescribed, in connection with examinations conducted by the University;
(d) making of recommendations to the Council with respect to the award to any person of an honorary fellowship or honorary degree or the title of professor emeritus;
(e) establishment, organization and control of halls of residence and similar institutions in the University;
(f) supervision of the welfare of students in the University and the regulation of their conduct;
(g)granting of fellowships, scholarships, prizes and similar awards in so far as the awards are within the control of the University; and
(h) determination of what description of dress shall be academic dress for the purposes of the University, and regulating the use of academic dress.
(3) The Senate shall not establish any new campus, college, faculty, department, school, institute or other teaching and research units of the University, or any hall of residence or similar institution at the University without the approval of the Council.
(4) Subject to this Act and the Statutes, the Senate may make regulations for the purpose of exercising any function conferred on it either by the provisions of this section or for the purpose of providing for any matter for which provision by regulation is authorized or required by this Act or by Statute.
(5) The Senate shall, by regulation, provide that at least one of the persons appointed as examiners at each final or professional examination held in conjunction with any course of study in the University is not a teacher at the University but is a teacher at the branch of learning to which the course relates in some other University of high repute.
(6) Subject to a right of appeal to the Council from a decision of the Senate under this subsection, the Senate may deprive
any person of any degree, diploma or other award of the University which has been conferred on him if after due enquiry he is shown to have been guilty of any dishonorable or scandalous conduct in gaining admission into the University or obtaining that award.
9. (1) The Vice-Chancellor shall, in relation to the University, take precedence before all other members of the University except the Chancellor and, subject to section 5 of this Act, the Pro-Chancellor and any other person for the time being acting as Chairman of the Council.
Vice -Chancellor to take precedence in the absence of Chancellor
(2) Subject to the provisions of this Act, the Vice-Chancellor shall have general function, in addition to any other function conferred on him by this Act or otherwise, of directing the activities of the University, and shall, to the exclusion of any other person or authority, be the chief executive and academic officer of the University and ex- officio Chairman of the Senate.
PART II - TRANSFER OF PROPERTY
10. Transfer of(l) All property held by or on behalf of the Provisional Property Council shall, by virtue of this subsection and without further assurance, vest in the University and be held by it for the purpose of the University.
(2) The provisions of the Second Schedule to this Act shall Second Schedule have effect with respect to the transfer of property by this section and to matters arising therefrom and with respect to other matters mentioned in that Schedule.
PART III - STATUTES OF THE UNIVERSITY
11. Statutes of the(1) Subject to this Act, the University may make Statutes for University any ofthe following purposes -
(a) making provision with respect to the composition and constitution of any authority of the University;
(b) specifying and regulating the powers and duties of any authority of the University, and regulating any other matter connected with the University or any of its authorities;
(c) regulating the admission of students where it is done by the University, and their discipline and welfare;
(d) determining whether any particular matter is to be treated as an academic or non-academic matter for the purposes of this Act and of any Statute, regulation or other instrument made there-under; and
(e) making provision for other matters for which provision by Statute is authorized or required by this Act.
(2) Subject to section 25 (6) of this Act, the Interpretation Act shall apply in relation to any Statute made under this section as it applies to a subsidiary instrument within the meaning of section 27 (1) of that Act.
(3) The Statute contained in the Third Schedule to this Act shall be deemed to have come into force on the commencement of this Act and shall be deemed to have been made under this section by the University.
(4) The power to make Statute conferred by this section shall not be prejudiced or limited in any way by reason of the inclusion or omission of any matter in or from the Statute contained in the Third Schedule to this Act or any
Cap. 1123 LPN, 2004
Third Schedule
subsequent Statute.
12. (1) The power of the University to make Statutes shall be exercised in accordance with the provisions of this section.
(2) A proposed Statute shall not have the force of law until it has been approved at a meeting of the -
(a) Senate, by the votes of not less than two thirds of the members present and voting; and
(b) Council by the votes of not less than two thirds of the members present and voting;
(3) A proposed Statute may originate either in the Senate or Council, and may be approved as required by subsection (2) of this section by both bodies in no particular order.
~4) AStatute which -
(a) makes provision for or alters the composition or constitution of the Council, the Senate or any other authority of the University; or
(b) provides for the establishment of a new campus or college or for the amendment or revocation of any Statute whereby a campus or college is established,
shall not come into operation unless it has been approved by the Visitor.
(5) For the purpose of section 2 (2) of the Interpretation Act, a
Third Schedule
Power to make and approve Statutes
Cap. 1123 LFN, 2004
Statute shall be treated as being made on the date on which ..itis-appro\[ed by the Council and the Senate in accordance with subsection (3) of this section or in the case of a Statute falling within subsection (4) of this section, on the date on which it is approved by the President.
13. A Statute may be proved in any court by the production of a copy thereof bearing or having affixed to it a certificate signed by the Vice-Chancellor or the Registrar to the effect that the copy is a true copy of a Statute of that University.
14. (1) In the event of any doubt or dispute arising at any time as to the meaning of any provision of a Statute, the matter may be referred to the Visitor, who shall take such advice and make such decision thereon as he deems fit.
(2) The decision of the Visitor on any matter referred to him under this section shall be binding upon the authorities, staff and students of the University and where any question as to the meaning of any provision of a Statute has been decided by the Visitor under this section, no question as to the meaning of that provision shall be entertained by any other authority in Nigeria:
PROVIDED that nothing in this subsection shall affect the power of a court of competent jurisdiction to determine whether any provision of a Statute is wholly or partly void as being ultra vires or as being inconsistent with the Constitution.
(3) The provisions of this section shall apply in relation to any doubt or dispute as to whether any matter is, for the purposes of this Act, an academic or non-academic matter as they apply in relation to any such doubt or dispute as is mentioned in subsection (1) of this section, and accordingly the reference in subsection (2) of this section to any question as to the meaning of any provision of the Statute shall include references to any question as to whether any matter is for the said purposes an academic or
Proof of Statute in court
Visitor's decision in case of dispute
non-academic matter.
15. (1) The President shall be the Visitor of the University. Supervision and Discipline
PART IV - SUPERVISION AND DISCIPLINE
(2) The Visitor shall, as often as the circumstances may require not being less than once every five years, conduct a visitation of the University or direct that such a visitation be conducted by such persons as the Visitor may deem fit and in respect of any of the affairs of the University.
(3) The bodies and persons comprising the University Shall -
(a) make available to the Visitor, and to any other persons conducting a visitation in pursuance of this section, such facilities and assistance as he or they may reasonably require for the purpose of the visitation; and
(b) give effect to any instruction consistent with the provisions of this Act which may be given by the Visitor in consequence of the visitation.
16. Removal of(1) If it appears to the Council that a member (other than the members Pro-Chancellor or the Vice-Chancellor) should be removed from office on grounds of misconduct or inability to perform the functions of his office, the Council shall make a recommendation to that effect through the Minister to the Federal Executive Council and if the Federal Executive Council, after making such enquiries (if any) as may be considered necessary, approves the recommendation it may direct the removal of the member from office.
(2) The Minister shall use his best endeavors to cause a copy of
the instrument embodying a direction under subsection (1) of this section to be served as soon as reasonably practicable on the person to whom it relates.
17. (1) If it appears to the Council that there are reasons for believing that any person employed as a member of the academic, administrative or professional staff of the University, other than the Vice-Chancellor, should be removed from office or on grounds of misconduct or inability to perform the functions of his office Council shall-
(a) give notice of those reasons to the person in question;
(b) afford such person an opportunity of making representation 111 person on the matter to the Council; and
(c) take a decision to terminate or not to terminate the appointment.
(2) If the affected staff or any three members of the Council so request within a period of one month from the date of receipt of the notice of the Council's decision, the Council shall make arrangements for -
(a) a joint committee of the Council and the Senate to review the matter and to report on it to the Council;
(b) the person in question to be afforded an opportunity to appear before and be heard by an investigating committee with respect to the matter; and if the Council after considering the report of the investigating committee is satisfied that the person in question should be removed, the Council may so remove him by an instrument in writing signed on the directions of the Council.
Grounds and procedure for removal of members
(3) The Vice-Chancellor may, in a case of gross misconduct by a member of staff which in the opinion of the Vice- Chancellor is prejudicial to the interest of the University, suspend such member and any such suspension shall immediately be reported to the Council.
(a) conviction for any offence which the Council considers to be such as to render the person concerned unfit for the discharge of the functions of his office;
(4) Any member of staff may be suspended from duty or his appointment may be terminated by Council for a good cause and, for the purposes of this subsection, "good cause" means -
(b) any physical or mental incapacity which the Council, after obtaining medical advice, considers to be such as to render the person concerned unfit to continue to hold office;
(c) conduct of a scandalous or disgraceful nature which the Council considers to be such as to render the person concerned unfit to continue to hold office; or
(d) conduct which the Council considers to be such as to constitute failure or inability of the person concerned to discharge the functions of his office or to comply with the terms and conditions of his service,
(5) Any person suspended under subsection (3) of this section shall be on half pay and the Council shall, before the expiration of a period of three months from the date of such suspension, consider the case against that person and
come to a decision as to whether to - (a) continue such person's suspension and if so on
what terms (including the proportion of his emoluments to be paid to him);
(b) reinstate such person in which case the Council shall restore his full emoluments with effect from the date of suspension; i
I I i
I r
I
(c) terminate the appointment of the person concerned in which case such a person will not be entitled to the proportion of his emoluments withheld during the period of suspension; and
(d) take such lesser disciplinary action against such person (including the restoration of such proportion of his emoluments that might have been withheld) as the Council may determine.
(6) Where the Council, pursuant to this section, decides to continue a person's suspension or decides to take further disciplinary action against the person, the Council shall, before the expiration of three months from such decision, come to a final determination in respect of the case concerning such a person.
(7) The person by whom an instrument of removal is signed in pursuance of subsection (1) of this section shall use his best endeavors' to cause a copy of the instrument to be served as soon as reasonably practicable on the person to whom it relates.
(8) Nothing in this section shall prevent the Council from making regulations for the discipline of staff and workers of the University as may be appropriate.
18. Removal of(1) If, on the recommendation of the Vice-Chancellor, it Examiner appears to the Senate that a person appointed as an examiner for any examination of the University ought to be removed from his office or appointment, then, the Senate may, after affording the examiner an opportunity of making representations in person on the matter, direct the Vice-Chancellor to remove the examiner by an instrument in writing signed by the Registrar.
(2) Subject to the provisions of any regulation made under section 8 (4) of this Act, the Vice-Chancellor may, on the recommendation of Senate, appoint an appropriate person as examiner in the place of the examiner removed.
(3) The Registrar shall on signing an instrument of removal under this section, use his best endeavors to cause a copy of the instrument to be served as soon as reasonably practicable on the person to whom it relates.
19. (1) Subject to the provisions of this section, where it appears to the Vice-Chancellor that any student is guilty of misconduct, the Vice-Chancellor may, without prejudice to any other disciplinary powers conferred on him by Statute or regulations, direct that the -
Disciplinary action on students
(a) student shall not, during such period as may be specified in the direction, participate in such activities of the University or make use of such facilities of the University as may be so specified;
(b) activities of the student shall, during such period as may be specified in the direction, be restricted in such manner as may be so specified;
(c) student be rusticated for such period as may be specified in the direction; or
(d) student be expeIJed from the University.
(2) Where a direction is given under subsection (1) (c) or (d) of this section in respect of any student, the student may, within the prescribed period and in the prescribed manner, appeal against the direction to the Senate.
(3) Where an appeal is brought under subsection (2) of this section, the Senate shall, after causing such inquiry to be made in the matter as the Senate considers just, either confirm or set aside the direction or modify it in such manner as the Senate thinks fit.
(4) The fact that an appeal from a direction is brought under subsection (2) of this section shall not affect the operation of the direction while the appeal is pending.
(5) The Vice-Chancellor may delegate his powers under this section to a disciplinary board consisting of such members of the University as he may nominate.
(6) Nothing in this section shall be construed as preventing the restriction or termination of a student's activities at the University for conduct which in the opinion of the Senate is prejudicial to the interest of the University or to its corporate objective or image.
(7) A direction under subsection (1) (a) of this section may be combined with a direction under subsection (1) (b) of this section.
-=- ,1 l\lISCELLANEOUS AND GENERAL ~~SIONS
~