UNIVERSITY OF BENIN (TRANSITIONAL PROVISIONS) ACT

Published by Law Nigeria Admin at 19th April 2018

LAWS OF THE FEDERATION OF NIGERIA

UNIVERSITY OF BENIN (TRANSITIONAL PROVISIONS) ACT

ARRANGEMENT OF SECTIONS

Dissolution of Council of the University of Benin.
Establishment of Provisional Council for the University.
Powers of the Provisional Council.
Dissolution of Board of Governors of the Teaching Hospitals.
Power to amend Law.
Repeals.
Interpretation.
Short tille.

SCHEDULES

UNIVERSITY OF BENIN (TRANSITIONAL PROVISIONS) ACT

An Act to provide for the take-over by the Federal Government of the University of Benin, to dissolve the former Management Board of its Teaching Hospital, and to establish a Provisional Council as the overall governing body for the administration of the University and its University Teaching Hospital at Warri.

[19th August, 1975] [Commencement.]

Dissolution of Council of the University of Benin

(Omitted: see 1993 No. 11).

Establishment of Provisional Council for the University

(Omitted: see 1993 No. II).

Powers of the Provisional Council

(Omitted: see 1993 No. II).

Dissolution of Board of Governors of the Teaching Hospitals

(1) The Board of Governors of the University of Benin Teaching Hospitals established under section 31 of the Law as a body corporate is hereby dissolved.

(2) Accordingly, all property, rights, liabilities and obligations which immediately before the commencement of this Act were property, rights, liabilities and obligations held by the said Board or held or purported to be held by any person or body in respect of the Hospital, shall vest in the Federal Government.

Power to amend Law

The President may by Order published in the Federal Gazette amend any provision of the Law.

Repeals

Subsection (2) of section 8 and paragraphs 1 and 2 of the Second Schedule to the Law and section 3 of the Act are hereby repealed.

Interpretation

In this Act, unless the context otherwise requires-

“Act” means the University of Benin Teaching Hospital Management Board Act;

[Cap. U3.]

“functions” includes powers and duties;

“Hospital” means the University of Benin Teaching Hospital, Warri, established under section 2 of the Act;

“Law” means the University of Benin Law, 1975 of the Bendel State of Nigeria, set out in the Schedule to this Act;

[No.3 of 1975.]

“University” means the University of Benin.

Short title

This Act may be cited as the University of Benin (Transitional Provisions) Act.

SCHEDULE

[Section 7.]

UNIVERSITY OF BENIN LAW

ARRANGEMENT OF SECTIONS

Short title.
Interpretation.

PART I

Constitution, Powers, etc., of the University

SECTION

Incorporation of the University of Benin.
Objects.
Functions of the University.
Functions of the Chancellor and Pro-Chancellor.
Functions of the Vice-Chancellor.
Establishment and Composition of Council.
Functions of the Council and its Finance and General Purposes Committee.
Functions of the Senate.
Power of the University to make statutes.
Making of statutes.
Power of Visitor to decide meaning of statutes.
Proof of statutes.
The Visitor.
Removal of Pro-Chancellor and certain members of Council.
Removal of academic and administrative officers and other staff.
Discipline of students.
Exclusion of discrimination on account of religion, etc.
Compulsory acquisition of land.
Restriction on disposal of land by the University.
Quorum and procedure of bodies established by this Law.
Appointment of committees, etc.
Retiring age of academic staff of the University.
Special provisions relating to pensions of professors.
Miscellaneous administrative provisions.
Organisation of academic work of the University.

PART II

Special provisions relating to the College of Medical Sciences

Establishment of the College of Medical Sciences.
Powers and constitution of the College.
Constitutions and powers of Boards of Studies of Schools of the College.
Academic Staff Assembly.
Provost and other principal officers of the College.

SCHEDULES

FIRST SCHEDULE

The Principal Officers of the University

SECOND SCHEDULE

Constituent bodies of the University

THIRD SCHEDULE

Organisation of colleges, faculties, schools, etc.

FOURTH SCHEDULE

Creation of Post and appointments

UNIVERSITY OF BENIN LAW

A Law to make provisions for the incorporation of the University of Benin, and to provide for other matters of administration ancillary thereto.

[1st December, 1975] [Commencement.]

Short title

This Law may be cited as the University of Benin Law 1975.

Interpretation

In this Law unless the context otherwise requires-

“Act” means the University of Benin (Transitional Provisions) Act;

“appropriate authority” means the Minister for the time being charged with responsibility for health;

“Chancellor” means the Chancellor of the University;

“deputy chairman” means the deputy chairman of the Board;

“Council” means the Council established for the University under section 8 of this Law;

“graduate” means a person on whom a degree (other than an honorary degree) has been conferred by the University;

“notice” means notice in writing;

“prescribed” means prescribed by regulations or statutes made under this Law;

“Pro-Chancellor” means the Pro-Chancellor of the university;

“professor” means a person designated as a professor by the University in accordance with provision in that behalf made by statute or by regulations;

“property” includes rights, liabilities and obligations;

“Provost” means the person for the time being holding the office of Provost in the College of Medical Sciences as established by this Law;

“regulations” means regulations made by the Senate; or by the Board as the case may be;

“Statute” means a statute made by the University under section 10 of this Law;

“student” includes an undergraduate or any person of such description as may be prescribed for the purposes of this definition;

“teacher” means a person holding a full-time appointment as a member of the teaching or research staff of the University;

“Teaching Hospitals” means the University of Benin Hospitals as established by this Law;

“the Senate” means the Senate established for the University under this Law;

“undergraduate” means a person in statu pupillari at the University other than-

(a) a graduate; and

(b) a person of such description as may be prescribed for the purposes of this definition.

PART I

Constitution, Powers, etc., of the University

Incorporation of the University of Benin

(a) There shall be established a body corporate to be known as the University of Benin (hereafter referred to as “the University”) and shall be constituted in accordance with the provisions of this Act.

(b) The University shall be a body corporate having perpetual succession and common seal with power to sue and be sued.

Objects

The objects of the University shall be to advance knowledge, wisdom and understanding by teaching and research with the ultimate purpose of service to the community.

Functions of the University

(1) The University shall be both a teaching and an examining body and shall, subject to the provisions of this Law and the Statutes, have the following powers-

(a) to provide instructions in such branches of learning as the University may think fit, whether for members of the University or for others, and to make provision for research and for the preservation, advancement and dissemination of knowledge in such manner as the University may determine;

(b) to prescribe in its Statutes the condition under which persons may be admitted as students of the University for any particular course of study provided by the University;

(c) to grant, under conditions laid down in this Law or its Statutes, degrees, diplomas, certificates and other academic distinctions to persons who shall have pursued a course of study approved by the University and shall have passed the examinations or other tests prescribed by it;

(d) to grant to approved persons, under conditions laid down in this Law or in its Statutes, honorary degrees or other academic distinctions;

(e) on what the Council and the Senate shall consider to be good cause, to deprive persons of any degrees, diploma, certificates or other academic distinctions granted to them by the University;

(f) to accept the examinations and periods of study passed by students of the University at other institutions, universities or places of learning as equivalent to such examinations and periods of study in the University as the Senate may determine and to withdraw such acceptance at any time;

(g) to enter into any agreement for the incorporation or affiliation to or within the University of any other institution and for taking over its rights, properties and liabilities;

(h) to join with any other institution, university, public or private body, authority or association having in view or promoting any purpose or to appoint one or more representatives to act or on any such body, institution, university, body, authority or association, in either case for such purposes as may be agreed upon or as may be provided for by law, on such terms and conditions as may from time to time be prescribed by statute;

(i) to institute such offices as the purposes of the University may require and to appoint persons to and remove them from such offices, and to prescribe their conditions of service;

(j) to prescribe rules for the discipline of the students of the University;

(k) to establish, maintain, administer, govern and supervise places of residence for officers and students of the University;

(l) to institute and award fellowships, scholarships, studentships, prizes and other aids to study and research;

(m) to make provision for research, design, development, testing, advisory and consultancy services and with these objects to enter into such arrangements with other institutions or public bodies as may be thought desirable and to charge to the users of such services such fees as may be thought desirable;

(n) to print, reproduce and publish works of research and such other works as may from time to time be thought fit by the University;

(0) to sell or provide for reward or otherwise such books, stationery and other goods and services as may be deemed expedient for and consistent with the objects of the University;

(p) to demand and receive fees and procure contributions to the funds of the University and to raise money in such other manner as the University may deem fit;

(q) to act as trustees or managers of any property, legacy, endowment, bequest or gift for urposes of education or research, or otherwise in furtherance of the work and welfare of the University, and to invest any funds representing the same in accordance with the provisions of the Statutes;

(r) to do all such other acts and things whether or not incidental to the foregoing powers as may advance the objects of the University.

(2) Without prejudice to the provisions of the last preceding subsection, the University may, by special arrangement, agreement or affiliation with any other institution or university, prepare its students for the degrees or certificates of such other institution or university.

Functions of the Chancellor and Pro-Chancellor

(1) 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 the Congregation held for conferring degrees and at all meetings of Convocation.

(2) The Pro-Chancellor shall, in relation to the University, take precedence before all other members of the University except the Chancellor and except the Vice-Chancellor or in his absence the Deputy Vice-Chancellor when acting as Chairman of the Congregation or Convocation and, subject to the foregoing the Pro-Chancellor shall, when he is present, be the chairman at all meetings of the Council.

Functions of the Vice-Chancellor

(1) The Vice-Chancellor shall, subject to the provisions of section 6 of this Law, take precedence before all other members of the University and in the absence of the Chancellor preside at all meetings of the Congregation and Convocation.

(2) Subject to the provisions of sections 8, 9 and 12 of this Law, the Vice-Chancellor shall to the exclusion of any other person or authority have the general function, in addition to any other specific functions conferred on him by this Law, or otherwise, of directing the activities of the University and shall be the Chief Executive and Academic Officer of the University and ex-officio chairman of the Senate.

Establishment and composition of Council

There is established for the University a Council which shall be composed of-

(a) the Pro-Chancellor;

(b) the Vice-Chancellor;

(d) one person from the Ministry responsible for education;

(e) nine persons representing a variety of interests 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;

(h) one person appointed by Convocation from among its members.

Functions of the Council and its Finance and General Purposes Committee

(1) Subject to the provisions of this Law 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, finance and property as well as the public relations of the University.

(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 University and perform such other functions of the Council as the Council may from time to time delegate to it.

(3) The composition of the Finance and General Purposes Committee shall be as prescribed in the Second Schedule to this Law.

(4) The Council shall ensure that proper accounts of the University are kept and that the accounts of the University are audited annually by an independent firm of auditors approved 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 in respect of the period of twelve months ending on the proceeding thirtieth day of June.

(5) Not later than the following thirty-first day of January, a copy each of the annual report and of the audited accounts shall be presented to the President through the Federal Ministry of Education.

(6) Subject to the provisions of this Law and the Statutes, the Council and the Finance and General Purposes Committee may each make rules for the purposes of exercising any of their respective functions or of regulating their own procedure.

(7) Rules made under the last preceding subsection by the Finance and General Purposes Committee shall not come into force until approved by the Council; and in so far as any rules so made by that Committee conflict with any directions given by the Council (whether before or after the coming into force of the rules in question), such rules shall be null and void, and the directions of the Council shall prevail.

(8) 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 the Federal Government.

(9) The Council shall meet as and when necessary for the performance of its functions under this Law and shall meet at least three times in every calendar year.

Functions of the Senate

(1) Subject to section 9 of this Law and subsections (3) and (4) of this section and to the provisions of this Law relating to the Visitor, it shall be the general function of the Senate to organise and control the teaching at the University and the admission and discipline of students, and to promote research at the University.

(2) Without prejudice to the generality of the last preceding subsection, it shall in particular be the function of the Senate to make provision for-

(a) the establishment, organisation and control of faculties, colleges, schools, institutes and other teaching and research units of the University, and allocation of responsibility for different branches of learning;

(b) the organisation and control of courses of study at the University and of the examination held in conjunction with those courses, including the appointment of examiners, both internal and external;

(c) the award of degrees, and such other qualifications as may be prescribed, in connection with examinations held as aforesaid;

(d) the 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) the selection of persons for admission as students of the University;

(f) the establishment, organisation and control of halls of residence and similar institutions of the University;

(g) the supervision of the welfare of students at the University and the regulation of their conduct;

(h) the granting of fellowships, scholarships, prizes and similar awards in so far as the awards are within the control of the University; and

(i) determining what descriptions 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 faculty, college, school, or other teaching or 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 Law and the statutes, the Senate may make regulations for the purposes of exercising any function conferred on it either by the foregoing provisions of this section or otherwise or for the purpose of making provisions for any matter for which provision by regulations is made or required to be made by this Law or by statute.

(5) The regulations shall provide that at least one of the person appointed as examiners at the final and professional examinations held in respect of any course of study at the University shall not be a teacher at the University and that such a persons shall be engaged as a teacher in that course of study at some other institution or university of high repute.

Power of the University to make statutes

(1) Subject to the provisions of this Law, the University may make statutes for any of the following purposes, that is to say-

(a) making provision with respect to the composition and constitution of any authority of the University;

(b) specifying and regulating the powers and duties or any other matter connected with the University or any of its authorities;

(c) determining whether any particular matter is to be treated as an academic or a non-academic matter for the purposes of this Law and of any statute.

(2) Subject to subsection (6) of section 23 of this Law, 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 subsection (1) of section 37 of that Act.

(3) The statutes contained in the Schedules to this Law shall come into force on the appointed day and shall be deemed to have been made under this section.

(4) The power to make statutes 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 statutes contained in the Schedules to this Law or any subsequent statute.

Making of statutes

(1) The power of the University to make statutes shall be exercised in accordance with the provisions of this section and not otherwise.

(2) A proposed statute shall not become law unless it has been approved-

(a) at a meeting of the Senate, by the votes of not less than two thirds of the members present and voting; and

(b) at a meeting of the Council, by the votes of not less than two thirds of the members present and voting.

(3) The Council shall, following the approval of a statute, forthwith present a copy to the Visitor; and if the Visitor on any of th e twenty days following his receipt of the statute direct that the statute be annulled it shall cease to have effect on the day next following the direction and shall be deemed never to have had effect.

(4) A proposed statute which provides for the establishment of a new faculty, school, college, or other teaching or research units or for the amendment or revocation of any statute whereby a faculty, school, college or other teaching or research unit is established may originate only in the Senate, and must be approved as required by subsection (2) of this section by the Senate before being approved by the Council and presented to the Visitor.

(5) A statute which makes provision for or alters the composition or constitution of the Council, the Senate or any other authority of the University, shall not come into force until it has been approved by the Visitor.

(6) A proposed statute may originate either in the Senate or in the Council, and may be approved as required; by subsection (2) of this section by either one of those bodies before the other, and before presentation to the Visitor.

(7) For the purposes of subsection (2) of section 2 of the Interpretation Act, a statute shall be deemed to have been made on the date on which it is duly approved by the Council after having been duly approved by the Senate, or on the date on which it is duly approved by the Senate after having been duly approved by the Council, as the case may be, unless it be annulled as provided under subsection (3) of this section.

Power of Visitor to decide meaning of statutes

(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 shall think tit.

(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 court of law in Nigeria:

Provided that nothing in this subsection shall affect any 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 of the Federal Republic of Nigeria, 1999, for the time being in force.

(3) The foregoing provisions of this section shall apply in relation to any doubt or dispute as to whether any matter is for the purposes of this Law 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 references to any question as to whether any matter is for the said purposes an academic or a non-academic matter.

Proof of statutes

A statute may be proved in any court by the production of a copy thereof or having affixed to it a certificate purporting to be signed by the Vice-Chancellor, the Deputy Vice-Chancellor or the Registrar to the effect that the copy is a true copy of a statute of the University.

The Visitor

(1) The President shall be the Visitor of the University.

(2) The Visitor shall as often as he may consider necessary, conduct a visitation of the University or direct that such a visitation be conducted by such persons and in respect of any such affairs of the University as the Visitor may specify in the direction.

(3) It shall be the duty of the bodies and persons comprised in the University-

(a) to 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 purposes of a visitation; and

(b) to give effect to any instructions consistent with the provisions of this Law which may be given by the Visitor in consequence of a visitation.

Removal of Pro-Chancellor and certain members of Council

(1) If it appears to the Council that a member of the Council (other than an ex-officio member) should be removed from office on either of the grounds of misconduct or inability to perform the functions of his office, the Council shall make a recommendation to that effect to the Visitor, and if the Visitor, after making such enquiries (if any) as he considers appropriate, approves the recommendation he may by an instrument in writing signed by him remove the person in question from office.

(2) It shall be the duty of the Visitor, on signing an instrument of removal in pursuance of this section, to use his best endeavours to cause a copy of the instrument to be served as soon as reasonably practicable on the person to whom it relates.

Removal of academic and administrative officers and other staff

(1) If it appears to the Council that there are reasons for believing that the Deputy Vice-Chancellor or any other person employed as a senior member of the academic, administrative, technical or professional staff of the University should be removed from his office or employment on the ground of misconduct or of inability to perform the functions of his office or employment the Council shall-

(a) give notice of those reasons to the person in question;

(b) afford him an opportunity of making representations in person on the matter to the Council; and

(c) if he or any three members of the Council so request within the period of one month beginning with the date of the notice, make arrangements-

(i) for a joint committee of the Council and the Senate to investigate the matter and to report on it to the Council; and

(ii) for the person in question to be afforded an opportunity of appearing before, and being heard by, the committee with respect to the matter, and if the Council, after considering any representations and report made in pursuance of this subsection, is satisfied that the person in question should be removed as aforesaid, the Council may so remove him by an instrument in writing signed on the directions of the Council.

(2) It shall be the duty of the person by whom an instrument of removal is signed in pursuance of the last preceding subsection to use his best endeavours to cause a copy of the instrument to be served as soon as reasonably practicable on the person to whom it relates.

(3) If it appears to the Vice-Chancellor that the Deputy Vice-Chancellor or any other person employed as a senior member of the academic, administrative, technical or professional staff of the University should be removed from office or employment on either of the grounds mentioned in subsection (1) of this section, the Vice-Chancellor may, by notice signed on the direction of the Councilor by the Vice-Chancellor, prohibit the Deputy Vice-Chancellor or such other person from exercising the functions of his office or employment with a view to his removal, and on exercising his powers under this sub-section, the Vice-Chancellor shall forthwith refer the matter to the Council and the Council shall give such directions with respect to the matter as it thinks proper.

(4) Nothing in the preceding subsection shall be construed as affecting a person’s entitlement to the emolument of his office or employment during the period of any prohibition imposed in pursuance of that subsection.

Discipline of students

(1) Subject to the provisions of this section, where it appears to the Vice-Chancellor that any student of the University has been guilty of misconduct, the Vice-Chancellor may, without prejudice to any other disciplinary powers conferred on him by statute or regulations, direct-

(a) that the student shall not, during such period as may be specified in the direction, participate in such activities of the University, or make such use of such facilities of the University, as may be so specified; or

(b) that the 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; or

(d) that the student be expelled from the University.

(2) Where a direction is given under paragraph (c) or (d) of the last preceding sub-section in respect of any student, the student may, within the prescribed period and in the prescribed manner, appeal from the direction to the Council; and where such an appeal is brought, the Council, shall, after causing such inquiry to be made in the matter as the Council considers just, either confirm or set aside the direction or modify it in such manner as the Council thinks fit.

(3) The fact that an appeal from a direction is brought in pursuance of the last preceding subsection shall not affect the operation of the direction while the appeal is pending.

(4) 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.

(5) The Vice-Chancellor may empower the master of a hall of residence to inflict punishment (short of rustication or expulsion) for breach of the hall rules.

(6) Nothing in this section shall be construed as preventing the restriction or termination of a student’s activities at the University otherwise than on the ground of misconduct.

(7) It is hereby declared that a direction under paragraph (a) of subsection (1) of this section may be combined with a direction under paragraph (b) of the said subsection.

Exclusion of discrimination on account of religion, etc.

No person shall be required to satisfy requirements as to any of the following matters, that is to say, ethnic grouping, sex, place of birth or of family origin, or religious or political persuasion as a condition of becoming or continuing to be a student at the University, the holder of any degree of the University or of any appointment or employment at the University or any body established by virtue of this Law, and no person shall be subjected to any disadvantage or accorded any advantage, in relation to the University, by reference to any of those matters.

Compulsory acquisition of land

For the purposes of the Land Use Act (which provides for the compulsory acquisition of land for public purposes) the purposes of the University shall be public purposes of the Federation; and where an estate or interest in land is acquired by the Federal Government in pursuance of this section the President may, by a certificate under the hand and seal of the Federal Land Officer, transfer such estate and interest to the University.

Restriction on disposal of land by the University

The University shall not dispose of or charge any land or any interest in any land except with the prior written consent, either general or special, of the Federal Government.

Quorum and procedure of bodies established by this Law

Except as may be otherwise provided by this Law or the Statute or by regulations, the quorum and procedure of any body of persons established under this Law shall be such as may be determined by that body.

Appointment of committees, etc.

(1) Any body of persons established by this Law shall, without prejudice to the generality of the powers of that body, have power to appoint committees, and to authorise a committee established by it to exercise, on its behalf, such of its functions as it may determine.

(2) Any two of more such bodies may arrange for the holding of joint meetings or those bodies, or for the appointment of committees consisting of members of those bodies, for the purpose of considering any matter within the competence, of those bodies or any of them, and either or dealing with it or of reporting on it to those bodies or any of them.

(3) Nothing in the foregoing provisions of this section shall be construed as-

(a) enabling statutes to be made otherwise than in accordance with section 10 of this Law; or

(b) enabling the Senate to empower any other body to make regulations or to award degrees or other qualifications.

(4) The Pro-Chancellor and the Vice-Chancellor shall be members of every committee of which the members are wholly or partly appointed by the Council (other than a committee appointed to inquire into the conduct of the officer in question); and the Vice-Chancellor shall be a member of every committee of which the members are wholly or partly appointed by the Senate.

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 65 years.

(2) A law or rule requiring a person to retire from the public service after serving for 35 years, shall not apply to an academic staff of the 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 is 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.

Miscellaneous administrative provisions

(1) The seal of the University shall be such as may be determined by the Council; and the affixing of the seal shall be authenticated by any two of the following-

(a) a member of the Council;

(b) the Vice-Chancellor;

(2) Any document purporting to be a document executed under the seal of the University authenticated as aforesaid shall be received in evidence and shall unless the contrary is proved, be deemed to be so executed.

(3) Any contract or instrument while, if made, or executed by a person not being a body corporate, would not be required to be under seal may be made or executed on behalf of the University by any person generally or specially authorised to do so by the Council.

(4) The validity of any proceedings of any body established in pursuance of this Law shall not be affected by any vacancy in the membership of the body subject to any requirement for a quorum in relation to that body, or by any defect in the appointment of a member of the body, or by reason that any person not entitled to do so took part in the proceedings.

(5) Any member of any body who has a personal interest in any matter proposed to be considered by that body shall forthwith disclose his interest to the body and shall not vote on any question relating to that matter.

(6) Nothing in section 12 of the Interpretation Act (which provides for the application, in relation to subordinate legislation of certain incidental provisions) shall apply to statutes or regulations made in pursuance of this Law; but the power conferred by this Law to make statutes or regulations shall include power to revoke or vary any statute (including the Statutes contained in the Schedule to this Law) or any regulation by a subsequent regulations, and statutes and regulations may make different provisions in relation to different circumstances.

(7) Any notice or other instrument authorised or required to be served by virtue of this Law may, without prejudice to any other mode of service, be served by post.

Organisation of academic work of the University

Subject to the provisions of this Law and of the Statutes and regulations, the academic work of the University shall be organised in the manner set out in the Third Schedule to this Law and the establishment of and appointments to selection boards and the creation of posts at the University shall be in the manner set out in the Fourth Schedule to this Law.

PART II

Special provisions relating to the College of Medical Sciences

Establishment of the College of Medical Sciences

(1) There shall be established within the University as an integral part thereof, a college to be known as the College of Medical Sciences of the University of Benin (herein after referred to as “the College”).

(2) The College shall consist of–

(a) the School of Medicine;

(b) the School of Dentistry; and

(c) such other schools, institutes, centres, research and teaching units as may from time to time be prescribed or established as part thereof.

(3) The objects of the College shall be-

(a) to organise and offer courses of instruction leading to degrees, diplomas, certificates and other university qualifications and distinctions in medical studies and such related studies as may be prescribed by the Senate;

(b) to organise and provide training courses whether leading to university qualifications and distinctions or not, for such persons as may be prescribed by the Senate taking into account at all times, national requirements with respect to medical and related studies;

(d) to arrange and organise conferences, seminars, studies and such like activities;

(e) to perform such other functions as may be prescribed.

Powers and constitution of the College

(1) Without prejudice to subsection (1) of section 5, the College shall be responsible for its day-to-day affairs, save that it shall be responsible to the Senate in respect of academic matters and to the Council through the Vice-Chancellor in respect of financial matters.

(2) The academic matters of the College shall be under the direction of a board to be known as the Academic Board of the College, the membership of which shall be as follows-

(a) the Vice-Chancellor;

(b) the Deputy Vice-Chancellor;

(d) the Deans of the schools within the College;

(e) all professors of the College;

(f) all Heads of departments within the College;

(g) not more than six other members of the academic staff of the College to be appointed, in a manner to be prescribed by Senate;

(h) not more than two persons, whether or not members of the University, to be appointed by the Vice-Chancellor on the recommendation of the Board with the approval of Senate; and

(i) two members of the academic staff of the University not being staff members of the College to be appointed by the Vice-Chancellor on the recommendation of Senate.

(3) For carrying out the objects of the College as specified in section 28 (3), the College shall have powers-

(a) subject to the authority of Senate and Council to institute posts and offices tenable within the College;

(b) to advertise, receive and process applications for appointments within the College, and subject to the authorities of Senate in respect of academic posts and of Council in respect of administrative, professional, technical and such related posts, to make such appointment;

(c) to advertise and receive applications for admissions to courses of instruction within the College and, with the approval of Senate, to admit students to such courses on such terms and conditions as may be prescribed by Senate;

(d) to demand and receive from any student or any other person attending the College for the purpose of instruction such fees as may from time to time be prescribed by Senate;

(e) to maintain proper accounts in respect of all moneys that may be received and disbursed by the College and in respect of all other monetary transactions undertaken by the College in pursuance of its objects under this Law;

(f) to equip and maintain medical libraries and laboratories as may be necessary for teaching, reasearch and other activities of the collage;

(g) with the approval of Senate and Council to receive gifts, legacies and donations, but without obligation to accept the same for a particular purpose unless it approves the terms and conditions attaching thereto; and

(h) to do anything which it is authorised or required to do under this Law or by statute.

Constitution and powers of Boards of Studies of Schools of the College

(1) There shall be established in respect of each School within the College a board to be known as the Board of Studies of the School which shall consist of-

(a) the Vice-Chancellor;

(b) the Deputy Vice-Chancellor;

(d) the Dean of the School who shall be Chairman;

(e) the Deans of other Schools within the College;

(f) all other academic staff of the School; and

(g) not more than two other persons, whether members of staff of the College, or not, to be appointed by the Vice-Chancellor with the approval of Senate;

(h) one member appointed by the Vice-Chancellor from among the staff of the Teaching Hospitals on the recommendation of the Board of Studies.

(2) Subject to the provisions of this Law, it shall be the function of the Board of Studies-

(a) to advise and report to Senate through the Academic Board on all matters relating to the organisation of education, teaching, research, and associated matters within the School;

(b) to consider the progress and conduct of students within the School;

(d) to deal with any academic matters referred to it by the Senate or the Academic Board; and

(e) to perform any other functions as may be prescribed.

Academic Staff Assembly

(1) There shall be a body to be known as the Academic Staff Assembly (hereinafter referred to as “the Assembly”) which shall consist of all the members of the Board of Studies of the various Schools within the College.

(2) The functions of the Assembly shall be to review the progress of the College and its constituent units, perform other functions as may be required by Senate, or conferred by this Law and to make such recommendations as the Assembly may deem fit for the promotion of the objects and activities of the College.

(3) The Assembly shall meet at least once in any academic year.

(4) The Vice-Chancellor, or in his absence the Deputy Vice-Chancellor, shall preside at all meetings of the Assembly. In the absence of both the Vice-Chancellor and the Deputy Vice-Chancellor from a particular meeting the Provost shall preside at that meeting.

Provost and other Principal Officers of the College

(1) (a) The Provost shall be the Academic Head of the College and shall be responsible to the Vi-Chancellor for the effective co-ordination and performances of the work and administration of the various Schools, Institutes, and other units of the College.

(b) The Provost shall be appointed by the Senate from among the professors of the College on recommendation of the Academic Staff Assembly, consequent upon a secret ballot conducted for the purpose at a special meeting of the Assembly.

(c) The Provost shall hold office for a period of three years in the first instance, on such terms and in such manner as may be prescribed by Senate:

Provided that he shall be eligible for re-appointment for a second term of two years; but shall thereafter not be eligible for further re-appointment until he has been out of office for not less than three years.

(d) The Provost shall preside at all meetings of the Academic Board at which he is present and in his absence, such other member of the Board present at the meeting as the Board may appoint for that meeting shall be the chairman of the meeting.

(2) (a) The academic head of a School of the College shall be the Dean who shall be appointed in accordance with the provisions laid down in the Third Schedule to this Law.

[Third Schedule.]

(b) The Dean shall be responsible to the Provost for the effective administration of the School including the co-ordination of the work of the various departments and other units of the School.

(c) The Dean shall preside at all meetings of the Board of Studies at which he is present and in his absence such other member of the Board present at the meeting as the Board may appoint for that meeting shall be the Chairman of the meeting.

(3) (a) There shall be a College Secretary, of the status of Deputy Registrar, who shall be the Chief Administrative and Financial Officer of the College, and shall be responsible to the Provost for the day-to-day administrative work of the College.

(b) The College Secretary shall be appointed in the same manner and as to such terms and conditions of service as are applicable to persons of the same grade and status in the University; and may be assigned from among such persons.

(4) (a) There shall be a School Secretary in each School of the College, of the status of Assistant Registrar or Senior Assistant Registrar, who shall be responsible to the Dean for the day-to-day administrative work of the School.

(b) The School Secretary shall be appointed in the same manner and as to such terms and conditions of service as are applicable to persons of the same grade and status in the University, and may be assigned from among such persons.

[For sections 33 to 51 relating to the Teaching Hospital (see Chapter U3).]

SCHEDULES

FIRST SCHEDULE

[Section 3 (c).]

The Principal Officers of the University

The Chancellor

(1) The Chancellor shall be appointed by the Visitor.

(2) The Chancellor shall assume office on the date of the publication of his appointment in the Federal Gazette and subject to the provisions of this Law shall hold office for a period of five years beginning with the date of such appointment.

The Pro-Chancellor

(1) The Pro-Chancellor shall be appointed and removed from office by the Visitor.

(2) Subject to the provisions of this Law, the Pro-Chancellor shall hold office for a period of three years commencing from the date of his appointment.

(3) If it appears to the Visitor after consultation with the Council that the Pro-Chancellor should be removed from office on grounds of misconduct or of inability to perform the functions of his office, the Visitor may by notice in the Federal Gazette remove the Pro-Chancellor from office:

Provided that if the proposed removal from office is solely or partly on grounds of misconduct, the Pro-Chancellor shall be given an opportunity of making representations through the Council to the Visitor with respect to the allegations made against him for the purpose of enabling the Visitor to give him a fair hearing in the matter.

The Vice-Chancellor

(1) There shall be a Vice-Chancellor of the University who shall be appointed by the President in accordance with the provisions of this paragraph.

(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 of 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;

shall consider the candidates and persons on the short list drawn up under subparagraph (2) of this paragraph 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 three candidates from among the candidates recommended to it under subparagraph (3) of this paragraph and may indicate its order of preference stating the reasons therefore and forward the names to the President.

(5) The President may appoint as Vice-Chancellor, anyone of the candidates recommended to him in accordance with the provisions of subparagraph (4) of this paragraph.

(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 subparagraph (6) of this paragraph shall-

(i) only be applicable to those appointed to the office of Vice-Chancellor after January, 1993;

(ii) not confer on a person serving a first term of office as Vice-Chancellor before 1 January, 1993 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 Visitor after due consultation with the Council and the Senate acting through the Minister of Education.

Deputy Vice-Chancellors

(1) There shall be for the University such number of Deputy Vice-Chancellors as the Council may, from time to time, deem necessary for the proper administration of the University.

[1993 No.11. 1996 No. 25.]

(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 subparagraph (2) of this paragraph and forward his name to the Council for confirmation

(4) A 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

(5) A 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.

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 paragraph 6 (2) of this Schedule.

(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.

(3) The Registrar shall hold office for such period and on such terms as to the emoluments of his offices and otherwise as may be specified.

Other Principal Officers of the University

(1) There shall be for the 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 paragraph 7 of this Schedule.

(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.

(4) The Bursar and Librarian shall hold office for such period and on such terms as to the emoluments of their offices and otherwise as may be specified.

(5) Any question as to the scope of the responsibilities of the aforesaid officers shall be determined by the Vice-Chancellor.

Selection Board for other principal officers

(1) There shall be, for the University, a Selection Board or 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;

(d) two members of the Senate.

(2) The functions, procedure and other matters relating to the Selection Board constituted under subparagraph (1) of this paragraph shall be as the Council may, from time to time, determine.

Resignation and re-appointment

(1) Any officer mentioned in the foregoing provisions of this Schedule may resign his office-

(a) in case of the Chancellor or Pro-Chancellor, by notice to the President; and

(b) in any other case, by notice to the Council and the Council shall, in the case of the Vice-Chancellor, immediately notify the Minister.

(2) Without prejudice to paragraphs 4 and 5 of this Schedule, a person who has ceased to hold office so mentioned otherwise than by removal for misconduct shall be eligible for reappointment to the office.

SECOND SCHEDULE

[Section 8 (3).]

Constituent bodies of the University

The Senate

(1) The Senate shall consist of-

(a) the Vice-Chancellor;

(b) the Deputy Vice-Chancellor;

(d) the Deans;

(e) all professors and heads of academic departments as recognised by Senate;

(f) the Librarian

(g) the persons, not exceeding four, for the time being holding such appointment on the staff of the University as may be specified by the Vice-Chancellor;

(h) such teachers, not exceeding six, as may be elected from among the members of Congregation to be members of the Senate in accordance with paragraph (5) below (hereafter in this article referred to as “elected members); and (1) such persons, not exceeding two in number, who are not members of the University, as may be appointed by the Senate.

(2) The Vice-Chancellor shall be the Chairman of all meetings of the Senate when he is present, and when he is not present, the Deputy Vice-Chancellor, or, in his absence, such other member of the Senate present at the meeting as the Senate may appoint for the meeting, shall be the Chairman at the meeting.

(3) The quorum of the Senate shall be ten or one quarter of the entire membership, whichever is more and, subject to sub-paragraph (2) of this articles, the Senate may regulate its own procedure.

(4) An elected member may, by notice to the Senate, resign his office.

(5) The selection of elected members shall be by election which shall be held in the prescribed manner on such day in the month of Mayor June in each year as the Vice-Chancellor may from time to time determine and at which all members of Congregation shall be entitled to vote.

(6) Regulations may provide that voting at elections held in pursuance of the last preceding paragraph is by secret ballot and that votes may be cast either in person or by post.

(7) An elected member shall hold office for a period of two years beginning with 1 October in the year of his election, and may be a candidate at any election held in pursuance of paragraph (5) of this article in the year in which his period of office expires, so however that no person shall be such a candidate if at the end of his current period of office he will have held office as an elected member for a continuous period of four years or would have so held office if he had not resigned it.

Congregation

. (1) Congregation shall consist of-

(a) the Vice-Chancellor and the Deputy Vice-Chancellor;

(b) the Provost, College of Medical Sciences;

(d) all teachers within the meaning of the Law; and

(e) the persons holding such other appointments at the University as the Senate may from time to time determine.

(2) Subject to the Provisions of Section 6 (1) of this Law, the Vice-Chancellor shall be the Chairman at all meetings of Congregation when he is present; and when he is not present the Deputy Vice-Chancellor, or in his absence such other member of Congregation present at the meeting as Congregation may appoint for that meeting, shall be the chairman at the meeting.

(3) The quorum of Congregation shall be one fourth of the total number of members of Congregation.

(4) A certificate signed by the Vice-Chancellor specifying-

(a) the total number of members of Congregation for the purposes of any particular meeting or meetings of Congregation; or

(b) the names of the persons who are members of Congregation during a particular period, shall be conclusive evidence of that number or, as the case may be of the names of those.

(5) Subject to the foregoing provisions of this article, Congregation may regulate its own procedure.

(6) Congregation shall have such functions, in addition to the function of appointing representative of Congregation to membership of the Council and the Senate as may be provided by statute or regulations.

Convocation

(1) Convocation shall consist of-

(a) the officers of the University mentioned in the First Schedule to this Law;

(b) all teachers within the meaning of this Law; and

(2) A person shall be entitled to have his name registered as a member of Convocation if-

(a) he is either a graduate or a person satisfying such requirements as may be prescribed for the purposes of this paragraph; and

(b) he applies for the registration of his name in the prescribed manner and pays the prescribed fees.

(3) Regulations shall provide for the establishment and maintenance of a register for the purposes of the preceding paragraph and subject to the provisions of the next succeeding paragraph, may provide for the payment from time to time of further fees by persons whose names are on the register and for the removal from the register of the name of any person who fails to pay such fees.

(4) The person responsible for maintaining the register shall without demanding the payment of any fees, ensure that the names of all persons who are for the time being members of Convocation by virtue of sub-paragraph (a) or (b) of paragraph (1) of this article are entered and retained on the register.

(5) A person who reasonably claims that he is entitled to have his name on the register shall be entitled on demand to inspect the register, or a copy of the register, at the principal offices of the University at all reasonable times.

(6) The register shall, unless the contrary is provided, be sufficient evidence that any person named therein is and that any person not named therein is not a member of Convocation; but for the purpose of ascertaining whether a particular person was such a member on a particular date, any entries in, and deletions from, the register made on or after that date shall be disregarded.

(7) The quorum of Convocation shall be fifty or one third of the total number of members of Convocation, whichever is the lesser.

(8) Subject to the provisions of section 6 (1) of this Law, the Vice-Chancellor shall be Chairman at all meetings of Convocation when he is present, and when he is not present the Deputy Vice-Chancellor, or in his absence such other member of Convocation present at the meeting as Convocation may appoint for the meeting, shall be the chairman at the meeting.

(9) Convocation shall have such functions, in addition to the function of appointing a member of the Council, as may be prescribed by Statute.

THIRD SCHEDULE

[Section 24.]

Organisation of colleges, faculties, schools, etc.

The academic work of the University shall be distributed in such manner as may be prescribed by Senate, among such colleges, faculties, schools, institute, centres, research or other teaching units as may be established by regulations or as otherwise provided for under the Law.
(1) Without prejudice to the provisions of section 9 and Part II of this Law, each college, faculty, schools or other teaching unit of the University established under the Law or by regulations shall be under the direct control of a body to be known as the Board of Studies except in respect of a college when the body shall be known as an Academic Board (herein-after referred to in either case as “the Board”).

Board of Studies

(2) Each Board shall consist of-

(a) the Vice-Chancellor and the Deputy Vice-Chancellor;

(b) the Provost in respect of the College of Medical Science

(c) the Heads or such other persons severally in charge of the departments, divisions or branches of the college, faculty, school or other teaching unit

(d) all the academic staff assigned to the college, faculty, school or other teaching unit and having the prescribed qualifications as the Board may determine; and

(e) such other persons, whether or not members of the University, as the Board may determine with the general or special approval of Senate.

(3) The quorum of a Board shall be six or one third of the total number of the members for the time being of the Board, whichever is the greater and, subject to paragraph (3) of article 3 of this Schedule and to any provisions made by regulations in that behalf, each such Board may regulate its own procedure.

(4) Subject to the provisions of this Law, it shall be the functions of each Board-

(a) to advise and report to the Senate on all matters relating to the organisation of education, teaching and research in the subjects of the faculty, college, school or other teaching unit, including curricular and examinations;

(b) to consider the progress and conduct of students in that teaching unit and to report thereon;

(d) to deal with any academic matters referred to it by the Senate.

(5) The Board shall without prejudice to the generality of the powers of the Board, have power to appoint committees consisting of members of that Board to advise it on any of the matters mentioned in the last preceding subsection.

(1) In the case of each faculty, school, or other teaching unit established by this Law or by regulations, not being a college, one of the professors assigned to that unit shall be Dean of that teaching unit.

(2) The Dean of a teaching unit shall be elected by the Board of Studies from among the professors of the faculty, school or other teaching unit concerned and shall hold the office of Dean for a period of two years in the first instance:

Provided that he may be re-elected for another consecutive period of two years so however that he shall thereafter not be eligible for re-election until he has been out of office for at least two years.

(3) Where for the time being, there is no one of the rank of professor in a teaching unit, one of the most senior teachers assigned thereto shall be appointed by the Vice-Chancellor to act as Dean.

(4) The Dean shall be Chairman at all meetings of the Board when he is present; and when he is not present, such other members of the Board present at the meeting as may be prescribed, or in that member’s absence such other member of the Board present at the meeting as the Board may appoint for that meeting shall be the chairman at the meeting.

(5) It shall be the function of the Dean of a teaching unit to present to Congregation for the conferment of degrees, persons who have qualified for degrees of the University at examinations held in the branches of learning for which responsibility is allocated to the Board of that faculty, college, school or other teaching unit.

Faculties of the University

(1) The University shall establish faculties in the following fields of learning-

(a) Science;

(b) Engineering and technology;

(d) Arts;

(e) Social sciences;

(f) Education;

(g) Law.

(2) Without prejudice to the provisions of the last preceding paragraph, the University may establish such colleges, schools, faculties, institutes, and any other teaching or research units, as may from time to time seem necessary or desirable.

Teaching Hospitals as integral parts of the University

The Teaching Hospitals operating under the direction of the Board of Governors as established in Part Three of the Law shall form integral parts of the University of Benin.

FOURTH SCHEDULE

Creation of Post and appointments

Creation of academic posts

Recommendations for the creation of academic posts other than principal officers shall be made by the Senate to the Council through the Finance and General Purposes Committee.

Academic appointments

(1) Subject to this Law and the Statutes, appointments for the filling of vacancies in academic posts (including newly created posts) shall be the responsibility of the Senate, save that no new posts may be created without the approval of the Council.

(2) For the purpose of filling such vacancies, the Senate shall set up selection boards to select suitable candidates and make recommendations thereon.

(3) Selection boards may interview candidates directly or consider their applications with the assistance of assessors or specialist panels as may be deemed appropriate.

Non-academic appointments

(1) Subject to this Law and the Statutes, appointments for the filling of vacancies in ad- ministrative and non-academic professional and technical staff of the University shall be the responsibility of the Councilor where the Council so delegates, of the Vice-Chancellor or the Registrar.

(2) Boards or panels set up for the purpose of selecting and recommending candidates for the said administrative, and non-academic professional and technical staff shall include at least one representative of the Senate.

Power to make temporary appointments

Where a vacancy exists for the time being in respect of any employment or office within the University, the Vice-Chancellor may, after making such consultations as he deems fit, make a temporary appointment to that post for a period not exceeding one year of assign a person to that office in an acting capacity.

SUBSIDIARY LEGISLATION

List of Subsidiary Legislation

University of Benin (Re-Constitution of the Provisional Council, etc.) Order.

UNIVERSITY OF BENIN (RE-CONSTITUTION OF THE PROVISIONAL COUNCIL, ETC.) ORDER (under section 2 (2)

[20th August, 1986] [Commencement.]

Reconstitution of the Provisional Council of the University of Benin, etc.

(1) The Provisional Council of the University of Benin is hereby reconstituted and shall consist of-

(a) the Pro-Chancellor as Chairman;

(b) the Vice-Chancellor and the Deputy Vice-Chancellor;

(c) six persons representing a variety of interests and broadly representative of the whole Federation appointed by the President, on the recommendation of the Minister;

(d) four persons appointed by the Senate from among the members of that body;

(e) one person appointed by Congregation from among the members of that body;

(f) one person appointed by Convocation from among the members of that body;

(g) the Permanent Secretary, Federal Ministry of Education or, in his absence, such member of his Ministry as he may designate to represent him; and

(h) one person to represent the Armed Forces of the Federation and the Nigeria Police Force.

(2) Any member of the Council holding office otherwise than in pursuance of sub- paragraph (a), (b), (g) or (h) of paragraph 1 may, by notice to the Council, resign his office.

(3) A member of the Council holding office otherwise than in pursuance of sub- paragraph (a), (b), (g) or (h) of paragraph 1 shall, unless he previously vacates it, vacate that office on the expiration of the period of four years beginning with effect from the 1st August in the year in which he was appointed.

(4) Where a member of the Council holding office otherwise than in pursuance of sub-paragraph (a), (b), (g) or (h) of paragraph 1 vacates office before the expiration of the period aforesaid, the body or person by whom he was appointed may appoint a successor to hold office for the residue of the term of his predecessor.

(5) A person ceasing to hold office as a member of the Council otherwise than by removal for misconduct shall be eligible for re-appointment for only one further period of four years.

(6) The quorum of the Council shall be five, at least one of whom shall be a member appointed pursuant to subparagraph (c), (f), (g) or (h) of paragraph I.

(7) If the Pro-Chancellor is not present at a meeting of the Council, such other member of the Council present at the meeting as the Council may appoint in respect of that meeting shall be the chairman at that meeting and subject to the foregoing provisions of this paragraph, the Council may regulate its own procedure.

(8) Where the Council desires to obtain advice with respect to any particular matter, it may co-opt not more than two persons for that purpose; and the person co-opted may take part in the deliberations of the Council at any meeting but shall not be entitled to vote.

Revocation of L.N. 66 of 1975 and L.N. 31 of 1979

The University of Benin (Provisional Council) Order 1975 and the University of Benin (Provisional Council) (Amendment) Order 1979 are hereby revoked.

University of Benin (Transitional Provisions) Act

Interpretation

In this Order, except the context otherwise requires-

“Act” means the University of Benin (Transitional Provisions) Act;

[Cap. U4.]

“Council” means the Provisional Council reconstituted by section 1 of this Order;

“Minister” means the Minister charged with responsibility for education.

Short title

This Order may be cited as the University of Benin (Re-constitution of Provisional Council, etc.) Order.

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