FEDERAL UNIVERSITY OF LOKOJA   (ESTABLISHMENT) ACT, 2015

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LAWS OF THE FEDERATION OF NIGERIA 

FEDERAL UNIVERSITY OF LOKOJA   (ESTABLISHMENT) ACT, 2015

EXPLANATORY MEMORANDUM

This Act establishes the Federal University, Lokoja 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.

 

 

ARRANGEMENT OF SECTIONS

PART I – ESTABLISHMENT, CONSTITUTION AND FUNCTIONS OF FEDERAL UNIVERSITY, LOKOJA

  1. Establishment of Federal University of LOKOJA
  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 II – TRANSFER OF PROPERTY

  1. Transfer of Property

 

PART III – STATUTES OF THE UNIVERSITY

  1. Statutes of the University
  2. Power to make and approve Statutes
  3. Proof of Statute in court
  4. Visitor’s decision in case of dispute

 

PART IV-SUPERVISION AND DISCIPLINE

  1. Supervision and Discipline
  2. Removal of members
  3. Grounds and procedure for removal of members
  4. Removal of examiner
  5. Disciplinary action on students

 

PART V – MISCELLANEOUS AND GENERAL PROVISIONS

  1. A student not to be discriminated against
  2. Application of the Land Use Act
  3. Consent of Visitor in Land deals
  4. Quorum
  5. Committees
  6. Seal of University
  7. Proposals and recommendation
  8. Interpretation
  9. Citation

SCHEDULES

 

 

FEDERAL UNIVERSITY OF LOKOJA (ESTABLISHMENT) ACT, 2015

An act to establish the Federal University, Lokoja and to make comprehensive provisions for due management and administration; and for related matters.

 

 

[Commencement]

 

ENACTED by the National Assembly of the Federal Republic of Nigeria   –

 

PART1-ESTABLISHMENT, CONSTITUTION AND FUNCTIONS OF FEDERAL UNIVERSITY, LOKOJA

 

Establishment of Federal University of LOKOJA

  1. (1) There is established the Federal University, Lokoja (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.

 

Objects of the University

  1. 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;

(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.

 

Membership of the University

  1. (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.

 

First Schedule

(2)    The First Schedule to this Act shall have effect with respect to the Principal Officers of the University mentioned 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 University

  1. (1) For the carrying out of its objects as specified in section 2 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;

(j)     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;

(l)     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;

(n)    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;

(o)    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 Council or by the Senate or in any other manner which may be authorized by this Act.

 

Chancellor to take precedence before other members

  1. (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 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.

 

Establishment and membership of the Council

  1. (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 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.

 

 

Council and Other Committees of the University

  1. (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 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 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.

 

Functions of the senate

  1. (1) Subject to section 5 of this Act and subsections (3) and (4) 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.

 

Vice -Chancellor to take precedence in the absence of Chancellor

  1. (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.

 

(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

Transfer of Property

  1. (1) All  property held by or on behalf of the Provisional 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.

 

Second Schedule

(2)    The provisions of the Second Schedule to this Act shall 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

Statutes or the University

  1. (1) Subject to this Act, the University may make Statutes for any of the 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.

 

Cap. 1123 LFN, 2004

(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.

 

Third Schedule

(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 subsequent Statute.

 

Power to make and approve Statutes

  1. (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)    A Statute 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.

 

Cap. 1123 LFN, 2004

(5)    For the purpose of section 2 (2) of the Interpretation Act, a Statute  shall be treated as being  made on the date on which it  is  approved 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.

 

Proof of Statute in court

  1. 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.

 

Visitor’s decision in case of dispute

  1. (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 non-academic  matter.

 

PART IV – SUPERVISION AND DISCIPLINE

Supervision and Discipline

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

 

(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.

 

Removal of members

  1. (1) If it appears to the Council that a member (other than the 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.

 

Grounds and procedure for removal of members

  1. (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 in   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.

 

(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.

 

(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 –

(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;

(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;

(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.

 

Removal of Examiner

  1. (1) If, on the recommendation of the Vice-Chancellor, it 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.

 

Disciplinary action on students

  1. (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 –

(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 expelled 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.

 

PART V – MISCELLANEOUS AND GENERAL PROVISIONS

A student not to be discriminated against

  1. (1) No person shall be required to satisfy requirements as to race (including ethnic grouping) sex, place  of birth, family origin, religious  or political persuasion, as a condition for becoming or continuing  to be a –

(a)    student in the University;

(b)    holder of any degree, appointment or employment in the University;  or

(c)    member of any body established by virtue  of this Act.

 

(2)    No person shall be subjected to any disadvantage or accorded any advantage in relation to the University by reference to any of the matters referred to in subsection (1) of this section.

 

(3)    Nothing in subsection (1)  of this section shall be construed as preventing  the University  from imposing  any  disability or restriction  on any of the persons  specified  in  subsection (1)  of this  section  where  such  persons  willfully  refuse  or fail  on  grounds  of  religious  belief  to undertake  any  duty generally and uniformly imposed on all such persons or any group of them which duty, having regard  to its  nature and the special circumstances, is in the opinion of the University reasonably justifiable in the national interest.

 

Application of the Land Use Act Cap.  LS LFN, 2004

  1. (1) For the purpose of the Land Use Act (which provides for the compulsory acquisition of land for public purposes) any purpose of the University shall be the same as that of the Federation.

 

(2)    Where an estate or interest in land is acquired by the Government pursuant to this section, the Government may, by a certificate under the hand and seal of the Chief Federal Lands Officer or any other person authorized in that behalf transfer it to the University.

 

 

Consent of Visitor in Land deals Cap. LS LFN, 2004

 

  1. Without prejudice to the provisions of the Land Use Act, the University shall not dispose of or charge any land or an interest in any land (including any land transferred to the University by this Act) except with the prior written consent, either general or special, of the Visitor;

PROVIDED that such consent shall  not be required in the case of any  lease or tenancy at a rack-rent for a term  not  exceeding 21 years  of any lease or tenancy to a member of the University for residential purpose.

 

Quorum

  1. Except as may be otherwise provided by Statute or by regulation the quorum and procedure of any body of persons established by this Act shall be such as may be determined by that body.

 

Committees

  1. (1) Any body of person established by this Act shall, without prejudice to the generality of the powers of that body, have power to appoint committees, which need not consist exclusively of members of that body and authorize a committee established by it to –

(a)    exercise on its behalf, such of its functions  as it may determine, and

(b)    co-opt members and direct whether or  not  co- opted members shall be entitled to vote in that committee.

 

(2)    Any two or more such bodies may arrange for the holding of joint meetings of 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 dealing with it or of reporting on it to those bodies or any of them.

 

(3)    Except as may be otherwise provided by a Statute or regulation,  the  quorum  and procedure  of  a  committee established or meeting held pursuant to this section  shall be  such  as  may  be  determined  by the body  or  bodies which have decided to establish the committee or hold the meeting.

 

(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.

 

(5)    Nothing in this section shall be construed as enabling –

(a)    statutes to be made otherwise than in accordance with section  11  or this Act;  or

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

 

Seal of the University

  1. (1) The seal of the university shall be such as may be determined by the Council and approved by the Chancellor and the affixing of the seal shall –

(a)    in the case of certificates issued by the University, be  authenticated by  the  Vice-Chancellor  and  the Registrar;  and

(b)    in the  case of any other document, be authenticated by any   member of Council,  the Vice-Chancellor and the Registrar or any other person authorized by Statute.

 

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

 

(3)    Any contract or instrument which, 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 authorized to do so by the Council  without  seal.

 

(4)    The validity of the proceedings of any body established pursuant to this Act shall not be affected by –

(a)    any vacancy in the membership of the body;

(b)    any defect with appointment of a member of the body; or

(c)    by reason that any person not entitled to do so took part in the proceedings.

 

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

 

Cap. 1123, 2004.

(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 under this Act.

 

(7)    The power conferred by this Act on anybody to make Statutes or Regulations shall include power to revoke or vary any-

 

Third Schedule

(a)    Statute (including the Statute contained in the Third Schedule to this Act); or

(b)    Regulation by a subsequent Statute or Regulation as the case may be;

PROVIDED that the Statutes and Regulations may have different provisions in relation to different circumstances.

 

Second Schedule

(8)    No stamp or other duty shall be payable in respect of any transfer of property to the University by virtue of sections 10, 21, and the Second Schedule to this Act.

(9)    Any notice or other instrument authorized to be served by virtue of this Act may, without prejudice to any other mode of service, be served by post.

 

Proposals and recommendation

  1. Where in any provisions of  this  Act,  it is laid down that proposals  are to be submitted or a recommendation is to be made by one authority to another through one or more intermediate authorities,   every such intermediate authority shall forward any proposal or recommendation received by it pursuant to that provision to the appropriate  authority;  but any such  intermediate  authority may, if it thinks fit,  forward therewith its own comments thereon.

Interpretation

  1. In this Act-

“appropriate authority” means any person, body or authority authorized by law to act  in  a  specific  or general  capacity  in relation to a subject matter;

“campus” means any campus which may be established by the University;

“college” means any college which may be established by the University;

“Constitution” means the Constitution of the Federal Republic of Nigeria;

“Government” means the Federal Government of Nigeria;

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

“gross misconduct” means any act of misconduct and improper behavior that may be designated as gross misconduct by any Statute or regulation made, under this Act.

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

“misconduct”  means  any  conduct  which  is  prejudicial  to  the good name of the University and or discipline  and the proper administration  of the business  of the University;

“notice” means notice in writing;

“officer” does not include the Visitor;

“prescribed” means prescribed  by Statute or regulation made under this Act;

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

“property” includes rights, liabilities and obligations;

“regulations” means regulations  made  by the Senate or Council;

“Senate” means the Senate of the University established by this Act

“Statute” means a Statute made by the University under section 11 of this Act and in accordance with the provisions of section 12 of this Act;

“the Act” means the Federal University, Lokoja Act.

“the provisional  Council” means the provisional Council appointed  for the University  by the President with effect from September 2011;

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

“the Statutes” means all such Statutes as are in force from time to time;

“the University” means the Federal University, LOKOJA as incorporated  and constituted by this Act; and

“undergraduate”  means a person in statu pupilari in the University, other than –

(a)    a graduate;  and

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

 

Citation

  1. This Act may be cited as the Federal University, LOKOJA (Establishment) Act, 2015.

 

 

 

 

 

FIRST SCHEDULE – Section 3(2)

Principal Officers of the University

 

The Chancellor

  1. The Chancellor shall be appointed by, and hold office at the pleasure of, the President.

 

The Pro-Chancellor

  1. The Pro-Chancellor shall be appointed or removed from office by the President.

 

The Vice Chancellor

  1. The procedure for the appointment and removal of the Vice- Chancellor shall be in accordance with the provision of the University (Miscellaneous Provisions) Act 1993 as amended.

 

  1. (1) There shall be for the University, 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.

 

(2)    The procedure for the appointment and removal of a Deputy Vice-Chancellor shall be in accordance with the provision of the University (Miscellaneous Provisions) Act 1993 as amended.

 

(3)    A Deputy Vice-Chancellor shall –

 

(a)    assist the Vice-Chancellor  in  the performance of his functions;

(b)    act in 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.

 

Office of the Registrar, Bursar and University Librarian

  1. (1) There shall be for the University, 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 administration 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 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 and conditions as to emoluments as may be specified in his letter of appointment.

 

  1. (1) There shall be for the University, the following Principal Officers in addition to the Registrar-

(a)  the Bursar; and

(b)  the University Librarian.

 

(2)    The Bursar shall be the Chief Financial Officer of the University and shall 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 all library services  in the University and its campuses,  colleges, faculties,  schools, departments  and institutes and other teaching or research units.

 

(4)    The Bursar and the University Librarian shall each hold office for such period and on such terms and conditions as to emoluments as may be specified in their letters of appointment.

 

  1. There shall be for the University, a Director of Works, who shall be responsible to the Vice-Chancellor for the administration of the Works Department, and shall be responsible for all works, services and maintenance of University facilities.

 

  1. There shall  be  for  the  University,  a  Director  of Health Services,  who  shall  be responsible  to the Vice-Chancellor for the  administration  of the Health Centre and he shall be the Chief Medical Officer of the University and shall coordinate all matters relating to the health of all staff and students.

 

  1. (1) Any officer mentioned in this Schedule may resign his office in –

(a)    the case of the Chancellor or Pro-Chancellor, by notice to the Visitor;

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

 

(2)    A person who has ceased to hold an office so mentioned otherwise than by removal for misconduct shall be eligible for re-appointment to that office.

 

SECOND SCHEDULE – Section 10(2)

TRANSITIONAL PROVISIONS AS TO PROPERTY, FUNCTIONS, ETC

 

Transfer of Property to the University

  1. Without prejudice to the generality of section 10 (2) of this Act-

(a)    the  reference  in  the subsection  to property held by the provisional  Council and  the University shall include a reference to the right to receive  and give a good discharge for any grant or contribution which may have been voted or promised to the provisional Council and the University; and

 

(b)    all outstanding debts and liabilities of the provisional Council shall become debts and liabilities  of the University established by this Act.

 

  1. (1) All agreements, contracts, deeds and other instruments to which the provisional Council was a party shall,  so far as possible and subject to any necessary  modification, have effect as if the University established by this Act had  been a party to it in  place of  the  provisional Council.

 

(2)    Documents  not  falling  within  sub-paragraph  (1)  of this paragraph, including enactments, which refer whether specially or generally to the provisional  Council  shall be construed in accordance with that sub-paragraph so far as applicable.

 

(3)    Any legal proceeding or application to any authority pending by or against the provisional Council may be continued by or against the University established by this Act.

 

Registration of Transfers

  1. (1) If the law in  force  at  the  place  where  any  property transferred by this Act is situated provides for the registration  of  transfers  of  property of the kind in question (whether  by  reference  to  an  instrument  of transfer   or  otherwise),  the  law  shall, so far as  it provides   for alterations of a register (but not for avoidance of transfers, the payment of fees of any other matter) apply, with the necessary modifications to the transfer of the property in question.

 

(2)    The body to which any property is transferred by this Act shall furnish the necessary particulars of the transfer to the proper officer of the   registration authority, and of that officer to register the transfer accordingly.

 

  1. (1) The first meeting of the Council shall be convened by the Pro-Chancellor on such date and in such manner as he may determine.

 

(2)    The persons who were members of the provisional Council shall be deemed to constitute the Council until the date when the Council set up under the Third Schedule to this Act must have been duly constituted.

 

(3)    The first meeting of the Senate as constituted by this Act shall be convened by the Vice-Chancellor on such date and in such manner as he may determine.

 

(4)    The   persons   who   were   members   of  the   Senate immediately  before  the  coming  into  force  of this  Act shall be deemed to constitute the Senate of the University until  the date when the Senate as set up under  the Third Schedule  of this Act must have been duly constituted.

 

(5)    Subject to any regulation which may be made by the Senate after the date on which this Act is made, the facilities, faculty boards and students  of the University immediately  before  the  coming  into  force  of this  Act shall  on that day become faculties,  faculty  boards  and students of the University as established by this Act.

 

(6)    Persons who were deans or associate deans of faculties or members of faculty boards shall continue to be deans or associate deans or become members of the corresponding faculty boards, until new appointments are made in pursuance of the Statutes under this Act.

 

  1. Any person who was a member of  staff of the University as established  or was  otherwise employed  by the provisional Council shall be employed at the University on such designation, status and functions which correspond as nearly as possible to those which pertained to him as a member of that staff or as such an employee.

 

  1. Questions as to the scope of the responsibilities of the officers shall be determined by the Vice-Chancellor.

 

 

THIRD SCHEDULE

Federal University, Lokoja Statute No. 1

Articles

  1. The Council
  2. Finance and General Purpose Committee
  3. The Senate
  4. The Congregation
  5. The Convocation
  6. Organisation of Faculties and the Branches thereof
  7. Faculty Board
  8. The Dean of the Faculty
  9. Selection of certain principal and other key officers
  10. Creation of Academic Post
  11. Appointment of Academic Staff
  12. Appointment of Administrative and Technical Staff

 

THE COUNCIL

(1)    Any member of Council holding office pursuant to section 6 (e) (f) (g) or (h) of this Act may by notice to the Council resign his office.

 

(2)    A member of Council holding office pursuant to section 6 (e) (f) (g) or (h) of this Act shall, unless he previously vacates it, vacate that office on the expiration of a period of four years starting from 1st August in the year in which he was appointed.

 

(3)    Where  a member  of  Council holding  office  pursuant  to section  6(e) (f) (g) or (h) of this Act vacates office before the expiration  of his tenure, the body that appointed him may appoint  a  successor to hold office  for the residue of his unexpired term.

 

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

 

(5)    The  quorum  of the Council shall be five, at least one of whom shall be a member pursuant to section 6(d) and (e) of this Act.

 

(6)    If the Pro-Chancellor is not present at a meeting of the Council, the members present at the meeting may appoint one of them to be the Chairman at that meeting, and subject to section 5 of this Act and the provisions of this paragraph, the Council may regulate its own procedure.

 

(7)    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 persons  co-opted may take  part  in  the  deliberations  of  the  Council  at  any meeting but shall not be entitled to vote.

 

(8)    The Council constituted by this Act shall have a four year tenure 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.

 

(9)    The powers of the Council shall be exercised in accordance with the laws and Statutes of the University, and to that extent, establishment circulars that are inconsistent with the laws and Statutes of the University shall not apply to the University.

 

 

 

THE FINANCE AND GENERAL PURPOSE COMMITTEE

  1. – (1) The Finance and General Purpose Committee of the Council shall consist of –

(a)    the Pro-Chancellor, who shall be the Chairman of the Committee at any meeting at which he is present;

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

(c)    six other members of the Council appointed by the Council two of whom   shall  be selected from among the four members of the Council appointed  by the Senate and one of whom shall be selected  from among members  of the Council appointed by the congregation; and

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

 

(2)    The quorum of the Committee shall be six.

 

(3)    Subject to any direction given by the Council, the Committee may regulate its own procedure.

 

THE SENATE

  1. (1) There shall be a Senate for the University consisting of –

(a)    the Vice-Chancellor;

(b)    the Deputy Vice-Chancellors;

(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 the University.

 

(2)    The Vice-Chancellor shall be the Chairman at all meetings of the Senate when he is present and,  in his absence, one of the Deputy Vice-Chancellors  appointed by him shall be the Chairman at the meeting.

 

(3)    The quorum of the Senate shall be one-quarter (or the nearest whole number less than one quarter), and subject to paragraph (2), the Senate may regulate its own procedure.

 

(4)    If so requested  in  writing  by any  10  members  of the Senate, the Vice-Chancellor, or, in his absence a person duly appointed by him shall convene a meeting of the Senate to be held not later than the tenth day following that on which the request was received.

 

CONGREGATION

  1. – (1) The Congregation shall consist of –

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

(b)    the full time members of the academic staff;

(c)    the Registrar;

(d)    the Bursar;  and

(e)    every member of the administrative and technical staff who holds a degree of any University recognized for the purpose of this Statute by the Vice-Chancellor, not being an honorary degree.

 

(2)    Subject to section 5 of this Act, the Vice-Chancellor shall be the Chairman at all meetings of Congregation when he is present, and in his absence, one of the Deputy Vice-Chancellors appointed by him shall be the Chairman at the meeting.

 

(3)    The quorum of Congregation shall be one-third (or the nearest whole number to one-third) of the total members of Congregation or fifty, whichever is less.

 

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

(a)    the total number of members of the Congregation for the purpose of any particular meeting or meetings of the 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 persons.

 

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

 

(6)    The Congregation shall be entitled to express, by resolution or otherwise, its opinion on all matters affecting the interest and welfare of the University and shall have such other functions in addition to the function of electing a member of the Council, as maybe provided by Statute or regulations.

 

THE CONVOCATION

  1. (1) The Convocation shall consist of –

(a)    the Officers of the University mentioned in the First Schedule to this Act;

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

(c)    all other persons whose names are registered in accordance with sub-paragraph (2) of this paragraph.

 

(2)    A person shall be entitled to have his name registered as a member of the convocation if he –

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

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

 

(3)    Regulations shall provide for the establishment and maintenance  of  a   register for the purpose of this paragraph and, subject to sub-paragraph (3), 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 those fees.

 

(4)    The person responsible for maintaining the register shall, without  the payment  of any fee, ensure that the names of all persons  who  are  for the  time being  members of the Convocation by  virtue of sub-paragraph  (1)(a)  or (b) of this paragraph 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 proved, be sufficient  evidence that any person named  therein is, and that any person not named therein is not, a member of the convocation; but for the purpose of ascertaining whether a particular person was such a member on a particular date, any entry  in, and  deletion from, the register  made on  or after that date shall be disregarded.

 

(7)    The quorum of the Convocation shall be fifty or one-third (or the whole number nearest to one-third) of the total number of members of the Convocation whichever is less.

 

(8)    Subject  to section  5  of this Act,  the Chancellor  shall be Chairman  at all meetings  of the Convocation  when he is present,  and,  in  his absence, the Vice Chancellor  shall be the Chairman at the meeting.

 

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

 

ORGANIZATION OF FACULTIES AND BRANCHES THEREOF

  1. Each Faculty shall be divided into such number of branches as may be prescribed.

 

  1. (1) There shall be established in respect of each Faculty, a Faculty  Board,  which, subject to the provisions  of this Act,   and  subject  to  the   directions  of  the  Vice- Chancellor, shall –

(a)    regulate the teaching and study of,  and  the conduct of examinations connected with, the subjects assigned to the faculty;

(b)    deal with other matters assigned to it by Statute, the Vice-Chancellor or the Senate; and

(c)    advise  the  Vice-Chancellor  or  Senate   on  any matter  referred  to it by the Vice-Chancellor  or Senate.

 

(2)    Each Faculty Board shall consists of –

(a)    the Vice-Chancellor;

(b)    the persons severally in charge of the branches of the faculty;

(c)    such number of the teachers  assigned to the faculty and having the prescribed qualifications as the Board may determine; and

(d)    such 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 the Board shall be 8 members or one-quarter of the members of the Board for the time being, whichever is greater.

 

(4)    Subject to the provisions of this Statute and any provision made by regulations in that behalf, the Board may regulate its regulate its own procedure.

 

 

THE DEAN OF THE FACULTY

  1. (1) The Dean of a faculty shall be a professor elected by the Faculty Board and such Dean shall hold office for a term of two years and may be eligible for re-election for another term of two years after which he may not be elected again until two years have elapsed.

(2)    If there is no professor in a faculty, the Vice-Chancellor shall appoint an acting Dean who shall not be below the rank of Senior Lecturer for the faculty, who shall act for a period of one year in the first instance, renewable for another year only.

(3)    In  the absence of the Vice Chancellor, the Dean shall be the Chairman at all meetings of the Faculty Board when he is present and he shall be a member of all committees and other boards appointed by the faculty.

(4)    The Dean of a faculty shall exercise general superintendence over the academic and administrative affairs of the faculty and shall present to the Convocation for the conferment of Degrees, persons who have qualified for the Degrees of the University at examinations held in the branches of learning for which responsibility is allocated to that faculty.

(5)    There shall be a committee to be known as the Committee of Deans which shall consist of all Deans of the several faculties and that committee shall advise the Vice-Chancellor on all matters referred to the Committee by the Senate.

(6)    The Dean of a faculty may be removed from office for a good cause by the Faculty Board after a vote would have been taken at a meeting of the Board, and in the event of a vacancy occurring following the removal of the Dean, an Acting Dean may be appointed by the Vice-Chancellor provided that at the next faculty board meeting an election shall be held for a new Dean.

(7)    In this article, “good cause” has the same meaning as in section 17 (4) of this Act.

 

SELECTION OF CERTAIN PRINCIPAL AND OTHER KEY OFFICERS

  1. (1) When a vacancy occurs in the Office of the Registrar, Bursar, the University Librarian, Director of Works or Director of Health Services, a Selection Board shall be constituted by the Council and shall consist of –

(a)    the Pro-Chancellor;

(b)    the Vice-Chancellor;

(c)    two members appointed  by the Council, not being members of Senate; and

(d)    two members appointed by the Senate not being members of Council.

 

(2)    The Selection Board, after making such inquiries as it thinks fit, shall   recommend a candidate to the Council for appointment to the vacant office, and after considering the recommendation of the Board, the Council may make an appointment to that office.

 

(3)    A person appointed to the office of Director of Works or Director of Health Services shall hold office for such period and on such terms and conditions as may be specified in his letter of appointment.

 

CREATION OF ACADEMIC POST

  1. Recommendation for the creation of posts other than those mentioned in paragraph 9 of this Schedule shall be made by the Senate  to the  Council  through the Finance and General Purposes Committee.

 

APPOINTMENT OF ACADEMIC STAFF

  1. Subject to this Act and the Statute made under it, the filling of vacancies in academic posts (including newly created ones) shall be as prescribed from time to time by Statute.

 

APPOINTMENT OF ADMINISTRATIVE AND TECHNICAL STAFF

 

  1. (1) The administrative and technical staff of the University, other than those mentioned in paragraph 9 of this Schedule,  shall  be appointed  by the Council or on its behalf by the Vice-Chancellor or the Registrar in accordance with any delegation of powers made by the Council in that behalf.

 

(2)    In the case of administrative or technical staff that has close and important contacts with the academic staff, there shall be Senate participation in the process of selection.

 

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