UNIVERSITIES (MISCELLANEOUS PROVISIONS) ACT, 1993 No.11.
CENTER FOR LAWS OF NIGERIA: FEDERAL LAWS
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LAWS OF THE FEDERATION OF NIGERIA
UNIVERSITIES (MISCELLANEOUS PROVISIONS) ACT, 1993 No.11.
EXPLANATORY MEMORANDUM
An Act to reconstitute the Councils of all Federal Universities and among other things, to set out a uniform procedure for the appointment of Vice-chancellors, and other Principal Officers.
UNIVERSITIES (MISCELLANEOUS PROVISIONS) ACT
ARRANGEMENT OF SECTIONS
- Application of Act to federal universities
- Composition of the Council
- Vice-Chancellor of a University
- Deputy Vice-chancellors
- Office of the Registrar
- Other Principal Officers of Each of the Universities
- Selection Board for other principal officers
- Retiring age of Academic Staff of the University
- Special Provisions relating to Pension of Professors
- Provisions of act to Prevail
- Interpretation
- Short Title
SCHEDULES
UNIVERSITIES (MISCELLANEOUS PROVISIONS) ACT, 1993
An Act to reconstitute the Councils of all Federal Universities and among other things, to set out a uniform procedure for the appointment of Vice-chancellors, and other Principal Officers.
[COMMENCEMENT – 1ST JANUARY 1993]
- Application of Act to Federal Universities.
Notwithstanding anything to the contrary contained in any law, the provisions of this Act shall apply to a University controlled by the Government of the Federation and listed in the Schedule to this Act.
- Composition of the Council.
(1) There shall be a council for each of the Universities of the Council consisting of-
(a) the Pro-Chancellor;
(b) the Vice-Chancellor;
(c) the Deputy Vice-Chancellors;
(d) one person from the Federal Ministry responsible for Education;
(e) four persons representing a variety of interest and broadly representative of the whole Federation to be appointed by the National Council of Ministers;
(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 Convocation from among its members of proven integrity, knowledgeable and familiar with the affairs and tradition of the University”.
[Substituted by UNIVERSITIES (MISCELLANEOUS PROVISIONS) AMENDMENT), ACT 2003]
“Tenure of Council
2A. The Council so constituted shall have tenure of four years from the date of its inauguration provided that where a Council is found to be incompetent and corrupt it shall be dissolved by the Visitor and a new Council shall be immediately constituted for the effective functioning of the University.
Powers of the Council
2AA. The powers of the Council shall be exercised, as in the Law and Statutes of each University and to that extent establishment circulars that are inconsistent with the Laws and Statutes of the University shall not apply to the Universities.
Independence of the Council in exercise of its functions
2AAA. (1) The Governing Council of a university shall be free in the discharge of its functions and exercise of its responsibilities for the good management, growth and development of the university.
(2) The Council of a university in the discharge of its functions shall ensure that disbursement of funds of the University complies with the approved budgetary, ratio for-
(a) Personnel cost:
(b) Overhead cost;
(c) Research and development;
(d) Library developments; and
(e) the balance in expenditure between academic vis-a-vis non academic activities 11.
[Inserted by UNIVERSITIES (MISCELLANEOUS PROVISIONS) AMENDMENT) ACT 2003]
- Vice-Chancellor of a University.
(1) There shall be a Vice-Chancellor of a University (in this Act referred to as “the Vice-Chancellor”) who shall be appointed by the Governing Council” in accordance with the provisions of this section.
(2) Where a vacancy occurs in the post of a Vice-chancellor, the Council shall-
(a) Advertise the vacancy in a reputable journal or a widely read newspaper in Nigeria, specifying-
(i) The qualities of the persons who may apply for the post, and
(ii) The terms and conditions of service applicable to the post, and thereafter draw up a short list of suitable candidates for the post for consideration;
(b) Constitute a Search Team consisting of-
(i) A member of the Council, who is not a member of the Senate, as chairman;
(ii) Two members of the Senate who are not members of the Council, one of whom shall be a professor;
(iii) Two members of Congregation who are not members of the Council,
one of whom shall be a professor, to identify and nominate for consideration, suitable persons who are not likely to apply for the post on their own volition because they feel that it is not proper to do so.
(3) A Joint Council and Senate selection Board consisting of –
(a) The pro-Chancellor, as chairman;
(b) Two members of the Council, not being members of the Senate;
(c) Two members of the Senate who are professors, but who were not members of the Search Team, shall consider the candidates and persons on the short list drawn up under subsection (2) of this section through an examination of their curriculum vitae and interaction with them, and recommend to the Council suitable candidates for further consideration.
(4) The Council shall select and appoint as the Vice-Chancellor one candidate from among the three candidates recommended to it under subsection (3) of this section and thereafter inform the Visitor,”
(5) The President may appoint as Vice-chancellor, any one of the candidates recommended to him in accordance with the provisions of subsection (4) of this section.
(6) The Vice-Chancellor shall hold office for a single term of five years only on such terms and conditions as may be specified in his letter of appointment.
(7) For the avoidance of doubt the provisions of subsection (6) of this section shall –
(a) Only be applicable to those appointed to the office of Vice-chancellor after the commencement of this Act;
(b) Not confer on a person serving a first term of office as Vice-chancellor before the commencement of this Act, any right to renewal of the appointment for a further term of four years
(8) The Vice-Chancellor may be removed from office by the Governing Council on grounds of gross misconduct or inability to discharge the functions of his office as a result of infirmity of the body or mind, at the initiative of the Council, Senate or the Congregation after due process”.
(9) When the proposal for the removal of the Vice-Chancellor is made, the Council shall constitute a joint committee of Council and Senate consisting of-
(i) Three members of the Council one of whom shall be the Chairman of the committee, a
(ii) Two members of the Senate, provided that where the ground for removal is infirmity of the body or mind, the Council shall seek appropriate medical opinion.
(10) The Committee shall conduct investigation into the allegations made against the Vice-Chancellor and shall report its findings to the Council.
(11) The Council may where the allegations are proved remove the Vice Chancellor or apply any other disciplinary action it may deem fit and notify the Visitor accordingly provided that a Vice- Chancellor who is removed shall have right of appeal to the Visitor.
(12) There shall be no sole administration in any Nigerian University.
(13) In any case of a vacancy in the office of the Vice- Chancellor, the Council shall appoint an acting Vice-Chancellor on recommendation of the Senate.
(14) An acting Vice-Chancellor in all circumstances shall not be in office for more than 6 months”.
- Deputy Vice-Chancellors.
(1) There shall be for each University such number of Deputy Vice Chancellors as the Council may, from time to time, deem necessary for the proper administration of the University.
(2) Where a vacancy occurs in the post of Deputy Vice-Chancellor, the Vice Chancellor shall forward to the Senate a list of two candidates for each post of Deputy Vice-Chancellor that is vacant.
(3) The Senate shall select for each vacant post one candidate from each list forwarded to it under subsection (2) of this section and forward his name to the Council for confirmation.
(4) The Deputy Vice-Chancellor shall-
(a) Assist the Vice-Chancellor in the performance of his functions;
(b) Act in the place of the Vice-Chancellor when the post of the Vice Chancellor is vacant or if the Vice-Chancellor is, for any reason, absent or unable to perform his functions as Vice-Chancellor; and
(c) Perform such other functions as the Vice-Chancellor or the Council may, from time to time, assign to him.
(5) The Deputy Vice-Chancellor-
(a) shall hold office for a period of two years beginning from the effective date of his appointment and on such terms and conditions as may be specified in his letter of appointment; and
(b) May be re-appointed for one further period of two years and no more.
(6) A Deputy Vice-Chancellor may be removed from office for good cause by the Council acting on the recommendations of the Vice-Chancellor and Senate;
(7) “Good cause” for the purpose of this section means gross misconduct or inability to discharge the functions of his office arising from infirmity of body or mind.
- Office of the Registrar.
(1) There shall be a Registrar, who shall be the chief administrative officer of the University and shall be responsible to the Vice-Chancellor for the day-to-day administrative work of the University except as regards matters for which the Bursar is responsible in accordance with section 6(2) of this Act.
(2) The person holding the office of the Registrar shall by virtue of that office be secretary to the Council, the Senate, Congregation and Convocation.
- Other principal officers of each of the University.
There shall be for each University the following principal officers, in addition to the Registrar, that is-
(a) The Bursar; and
(b) The University Librarian, who shall be appointed by the Council on the recommendation of the Selection Board constituted under section 6 of this Act.
(2) The Bursar shall be the chief financial officer of the University and be responsible to the Vice-Chancellor for the day-to-day administration and control of the financial affairs of the University.
(3) The University Librarian shall be responsible to the Vice-Chancellor for the administration of the University Library and the co-ordination of the library services in the University and its campuses, colleges, faculties, schools, departments, institutes and other teaching or research units.
7A. Composition of Senate
(1) There shall be a senate for each of the Universities and powers consisting of a University
(a) The Vice-Chancellor;
(b) The Deputy Vice-Chancellor;
(c) All professors of the University;
(d) All deans, provosts and directors of academic units of the University,
(e) All heads of academic departments, units and research institutes of the University;
(f) The University Librarian; and
(g) Academic members of the Congregation who are not professors as specified in the Laws of each University.
(2) The Senate shall have powers in all academic matters including the organization and control of-
(a) Teaching and research;
(b) Admission of students;
(c) Award of degrees including Honoris Causa, Certificates and Diplomas;
(d) Promotion of research; and
(f) The exercise of other functions in accordance with the Laws and Statutes of its University.
7AA. Visitor and visitation
(1) There shall be a visitor for each of the Universities.
(2) The Visitor shall cause a visitation to each University when necessary at least every five years.
(3) The Visitor shall make the report of such visitations and white paper thereon available to the Council which shall implement same.
7AAA. Students Participation
Students shall –
(a) Be represented in the University’s Students Welfare Board and other committees that deal with the affairs of students;
(b) Participate in various aspects of curriculum development;
(c) Participate in tile process of assessing academics staff in respect of teaching; and
(d) be encouraged to be more self-assured as part of the national development process”.
- Selection Board for other principal officers.
(1) There shall be, for each University, a Selection Board for the appointment of principal officers, other than the Vice-Chancellor or Deputy Vice-Chancellor, which shall consist of-
(a) The Pro-Chancellor, as chairman;
(b) The Vice-Chancellor;
(c) Four members of the Council not being members of the Senate; and
(d) Two members of the Senate.
(2) The functions procedure and other matters relating to the Selection Board constituted under subsection (10) of this section shall be as the Council may, from time to time, determine.
- Retiring age of academic staff of the University.
(1) Notwithstanding anything to the contrary in the Pensions Act, the compulsory retiring age of an academic staff of a University shall be sixty-five years.
(2) A law or rule requiring a person to retire from the public service after serving for thirty-five years shall not apply to an academic staff of a University.
- Special provisions relating to pension of professors.
A person who retires as a professor having served-
(a) A minimum period of fifteen years as a professor in the University or continuously in the service of a University in Nigeria up to the retiring age; and
(b) who during the period of service was absent from the University only on approved national or University assignments, shall be entitled to pension at a rate equivalent to his last annual salary and such allowances, as the Council may, from time to time, determine as qualifying for pension and gratuity, in addition to any other retirement benefits to which he may be entitled.
- Provisions of Act to prevail.
If a provision of any other law is inconsistent with a provision of this Act, the provision of this Act shall prevail and the provision of that other law shall to the extent of the inconsistency be void.
- Interpretation.
In this Act –
“Bursar” means the Bursar of a University;
“Congregation” means the Congregation of a University;
“Council” means the Council of a University;
“Librarian” means the Librarian of a University;
“Registrar” means the Registrar of a University;
“Senate” means the Senate of a University;
“University” means a University listed in the Schedule to this Act.
- Short Title.
This Act may be cited as the Universities (Miscellaneous Provisions) Act.
SCHEDULE
Sections 1 and 11
LIST OF FEDERAL UNIVERSITIES TO WHICH THIS ACT APPLIES
- Federal University of Agriculture, Abeokuta
- University of Abuja, Abuja
- Federal University of Technology, Akure
- Nnamdi Azikiwe University, Awka
- AbubakarTafawaBalewa University, Bauchi
- University of Benin, Benin
- University of Calabar, Calabar
- University of Ibadan, Ibadan
- Obafemi Awolowo Univerity,lle-lfe
- University of llorin, llorin
- University of Jos, Jos
- Bayero University, Kano
- University of Lagos, Lagos
- University of Maiduguri, Maiduguri
- Federal University of Agriculture, Makurdi
- Federal University of Technology, Minna
- University of Nigeria, Nsukka
- Federal University of Technology, Owerri
- University of Port-Harcourt, Port-Harcourt
- Usman Danfodiyo University, Sokoto
- Federal University of Agriculture, Umudike
- University of Uyo, Uyo
- Federal University of Technology, Yo la
- Ahmadu Bello University, Zaria
