Lawyers petition AGF over appointment of NOUN VC, threaten legal action if FG fails to rescind decision
Few days after the removal of Vice Chancellors of some federal universities, a civil society organisation, Lawyers Alliance for the Defence of Democracy, has petitioned the Attorney General of the Federation and Minister of Justice, Malam Abubakar Malami, over the sack of the National Open University VC.
In the petition dated February 16, 2016, the lawyers call for the reversal of the sack of the NOUN VC.
National Co-ordinator of the group, Yusuf Zakari, Esq. also threatened court action, if the federal government fails to rescind its decision on the removal of the VC.
The lawyers in the petition, which was also written to the minister of Education and. The Pro-Chancellor of NOUN frowned at the appointment of one Professor Abdalla Uba Adamu of the Department of Mass Communication, Bayero University, Kano to replace Professor Vincent Ado Tenebe as Vice-Chancellor, National Open University of Nigeria.
“Surprisingly, the Minister of Education, Malam Adamu Adamu, who signed the aforesaid publication on behalf of Mr. President is from the academia and ought to appreciate the fact that each Federal University is established by an Act of the National Assembly.
“In the instant case, two major statutes provide the legal framework for the existence and governance of National Open University of Nigeria to wit; the establishing Act being the National Open University of Nigeria Act No. 6 of 1983 (now Cap N63, Laws of the Federation of Nigeria 2004) and Universities (Miscellaneous Provisions) Act No. 11 of 1993, applicable to all Federal Universities in Nigeria, as amended by the Universities (Miscellaneous Provisions) (Amendment) Act No. 25 of 1996 and further amended in 2003 and 2012, respectively.
Section 3 (d) & (e) of the Universities (Miscellaneous Provisions) (Amendment) Act No. 25 of 1996 prescribes a 5 (Five) year single tenure for Vice-Chancellors of all Federal Universities on such terms and conditions as may be specified in the letter of appointment.
“It follows that the tenure system in Federal Universities is clearly distinguishable from that of the Civil Service. We are aware that the tenure of Professor Vincent Ado Tenebe is still subsisting as at the time he was purportedly removed on February 13, 2016. Moreover, Professor Vincent Ado Tenebe as Vice-Chancellor, unlike the Pro-Chancellor and Chancellor of the National Open University of Nigeria, does not hold office at the pleasure of Mr. President.
“For the avoidance of doubt, we urge you to take a cursory look at Sections 2 (1) (c) and 2 (2) read together with the First Schedule to the National Open University Act No. 6 of 1983 (now Cap N63, Laws of the Federation of Nigeria 2004) which designate the Vice-Chancellor as one of the Principal Officers of the University who shall be appointed or removed from his office by the President of the Federal Republic of Nigeria after consultation with the University Council.
“The above provisions are clear and unambiguous. Therefore, no individual shall be removed and or appointed as Vice-Chancellor of the University by the President without first consulting with the Governing Council. We submit that the contracts of employment of Vice-Chancellors of Federal Universities are unique and they cannot be unilaterally removed by Mr. President, as their removal must comply strictly with the procedures prescribed in the aforesaid statutes.
Failure to so comply would entitle courts to declare the removal as null, void and of no effect whatsoever. Specifically, Section 4 of the Universities (Miscellaneous Provisions) (Amendment) Act, 2003 stipulates the process for the appointment of a new Vice-Chancellor to involve calling for applications for the position from suitably qualified persons vide advertisement in national dailies. “Thereafter, proper screening of applicants is conducted by the Governing Council and one of the applicants eventually emerges as the Vice-Chancellor. In the same vein, where a Vice Chancellor is to be removed from office before the expiration of his tenure for gross misconduct, it is the Governing Council that is empowered to recommend or effect the removal of such a Vice-Chancellor. We maintain that unless and until the present anomaly in the National Open University of Nigeria is corrected Mr. President would have set a bad precedent and the future of University education will suffer to the detriment of ordinary Nigerians”, the lawyers said.
