LAGOS STATE COLLEGE OF EDUCATION LAW

 

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LIST OF LAWS OF LAGOS, [ALPHABETICAL]  
A- C G – K M – I R – T
D – F L – L P – P U – Z

LAGOS STATE COLLEGE OF EDUCATION LAW

ARRANGEMENT OF SECTIONS

1.       Establishment and Incorporation of the Lagos State College of Education

2.       Aims of the College

3.       Powers of the College

4.       Admission policy

5.       Common Seal

6.       Establishment of the Governing Council of the College and Composition of members of the Council

7.       Appointment of Chairman and other members of the Council

8.       Tenure of office of Chairman and members of the Council

9.       Remuneration of members

10.     Functions of the Council

11.     Appointments and Promotions Committee

12.     The Moderator and the functions

13.     The Chairman of the Governing Council

14.     Provost

15.     Other Officers

16.     Establishment of the Academic Board

17.     Composition of the Academic Board

18.     Quorum

19.     Functions of the Academic Board

20.     Establishment of schools

21.     Departments

22.     Research Development and Production Centres

23.     Congregation

24.     Convocation

25.     Alumni Association

26.     Statutes

27.     Mode of exercising the power to make, amend or revoke Statutes

28.     Ordinance

29.     Power of the boards to make regulations

30.     Conflict or provisions

31.     General power of Council to maintain order and discipline

32.     Procedure for removing the Provost from office

33.     Procedure for removing other staff

34.     Exercise of disciplinary functions by Provost

35.     Powers of Council to suspend activities of the College

36.     Council to appoint Finance and General Purposes Committee

37.     Bank Accounts

38.     Financial Year Accounts, etc.

39.     Annual Estimates

40.     Gifts, donations, grants and endowment

41.     General fund of the College

42.     Auditing of accounts

43.     Application of the Pension Law

44.     Execution and issue of contracts, instruments, etc.

45.     Service of notice, etc.

46.     Restriction of suits and execution

47.     Power of Commissioner to give directives

48.     Vacancy or defect in appointment not to invalidate proceedings

49.     Submission of Annual Report

50.     Resignation and re-appointment, etc.

51.     Leave of absence

52.     Member of authorities to declare personal interest

53.     Compulsory acquisition of land under the Land Use Act

54.     Exemptions from stamp duties, etc.

55.     Power to make proposals for amendment of Law

56.     Unauthorized use of name of College

57.     Repeals of 1980, No.23 and 1985 No.5 and savings

58.     Interpretation

59.     Citation and commencement

LAGOS STATE COLLEGE OF EDUCATION LAW

A LAW TO PROVIDE FOR THE ESTABLISHMENT, INCORPORATION, CONSTITUTION AND FUNCTIONS OF THE LAGOS STATE COLLEGE OF EDUCATION AND FOR OTHER CONNECTED PURPOSES

[1986 No.20]

[Commencement]                                            [6th June 1986]

PART 1 – Establishment, Incorporation and Aims of the College

1.       Establishment and Incorporation of the Lagos State College of Education

(1)     There is established the Lagos State College of Education (referred to in this Law as “the College”).

(2)     The College is a body corporate with perpetual succession and a common seal and has power to sue and be sued in its corporate name and to acquire, hold and dispose of movable and immovable property for the purposes of its functions under this Law.

2.      Aims of the college

The aims of the College are to—

(a)     provide courses of instruction leading to diplomas, certificates and other distinctions in education and such related studies as may be prescribed;

(b)     provide special training courses in educational or related subjects, whether leading to college distinctions or not, for such persons as may be prescribed, taking into account at all times the requirements of both the Federal and State Ministries of Education;

(c)     produce an adequate supply of well-qualified non-graduate teachers in accordance with the requirements of both the Federal and State Ministries of Education;

(d)     conduct research, with particular reference to research in the field of Education;

(e)     arrange conferences, seminars, courses, study groups and like activities for the purpose of improving instructions and learning in the Lagos State Schools’ system;

(f)      develop and propagate a professional code and inculcate in its students the ethics of the profession; and

(g)     perform such other functions as may be conferred on it by r e l e v a n t statutes.

3.      Powers of College

(1)     For achieving the aims set out under Section 3 of this Law the College has power to-

(a)     establish such schools, departments, centres and other units of learning, research, development and production within the College;

(b)     institute directorship, lectureship, and any other office as may be required by the College and to prescribe conditions of service for persons appointed to such offices and to exercise disciplinary control over them;

(c)     institute and award fellowships, scholarships, studentships, bursaries, medals, prizes and other academic titles, distinctions and other forms of assistance;

(d)     prescribe the conditions under which such persons will be admitted to the College or to any particular course of study or to be allowed to continue in such course of study;

(e)     grant and confer under conditions prescribed by the College, diplomas, certificates and other academic distinctions to and on persons who have pursued a course of study approved by the College and have satisfied such requirements as the College may prescribe;

(f)      deprive, on what the College will deem to be a good cause, any person of any diploma, certificate, fellowship, scholarship, studentship, bursary, medal, prize or other academic title, distinction or award whatsoever granted to or conferred on him by the College;

(g)     provide such lectures and instructions for persons not being members of the College as the College may determine and to grant to any person such diplomas, certificates or other academic distinctions as the College may deem necessary;

(h)     accept the examination passed and periods of studies spent by students of the College at other places of higher learning as equivalent to such examinations and periods of study in the College as the College may determine and to withdraw such acceptance at any time;

(i)      affiliate to the College, other institutions or branches or departments, to recognise selected members of the staff as lecturers of the College, to admit the members to any of the privileges of the College, and to accept attendance at courses of study in such institutions or branches or departments in place of such part of the attendance as course of study in the College and on such terms and conditions as may be determined by the College;

(j)      make provisions for research, development, production and advisory services and with these objects in view to initiate or enter into such arrangements with relevant institutions as the College may deem desirable;

(k)     undertake printing, publishing and book-selling;

(l)      provide for the residence, discipline, health and welfare of members of the College and its employees;

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

(n)     hold examinations and grant diplomas, certificates and other distinctions to persons who have pursued a course of study approved by the College and have satisfied such other requirements as the College may lay down;

(o)     act as trustees, or managers of any property, legacy, endowment, bequest, grant, or gift for purposes of education or research or otherwise in furtherance of the work and welfare of the College and to invest any fund representing such property, legacy, bequest, endowment, grant or gift, if not immediately required, on such security as the College may deem fit;

(p)      acquire, hold, grant, charge, or otherwise deal with or dispose of moveable and immovable property wherever situate;

(q)     accept gifts, legacies, and donations but without obligation to accept the same for a particular purpose unless the College approves the terms and conditions attached to it;

(r)      enter into contracts, establish trusts, solely or jointly with any other authority or institution and to employ and act through agents;

(s)     erect, provide, equip, and maintain libraries, laboratories, workshops, lecture halls, hostels, refectories, sports grounds, and buildings necessary for any of the aims of the College;

(t)      invest, subject, to any limitations or conditions imposed by or in accordance with this Law, any monies accruing to the College by way of endowment, whether for general or special purposes, and such other monies as may not be immediately required for current expenditure in any approved investments or securities or in the purchase or improvement of land, with power to vary such investments and to deposit any money for the time being uninvested with any reputable bank on deposit or current account;

(u)     take such steps as may be deemed expedient for the purpose of procuring contributions to the funds of the College;

(v)     borrow with or without interest and if need be on the security of any or all the property movable or immovable, of the College, such monies as the College may in its discretion find necessary or expedient to borrow;

(w)    make gifts for any charitable purposes; and

(x)     enhance the educational opportunities of the Lagos State indigenes by admitting students in the following percentages, Lagos State indigenes 40 per cent, product of Lagos State Schools’ System 40 per cent and other Nigerian citizens seeking admission as students into the College 20 per cent.

(2)     The powers conferred on the College by subsection (1) of this section may not necessarily be exercised by the officers, authorities and persons mentioned in statute as comprising the College acting together on any one occasion, but such powers may be exercised by any one of these officers, authorities, persons where provisions, enabling any one of them to do so is made in or by virtue of this Law.

4.      Admission policy

Notwithstanding the provisions of Section 3(1)(d) of this Law, at any given year of admission, if the College could not utilize the 40 per cent appropriated to the indigenes of Lagos State under subsection (1)(x) of Section 3 of this Law, the Provost shall obtain a prior written consent of the Moderator before utilising the balance of the 40 per cent appropriated to the indigenes of Lagos State for either the products of the Lagos State Schools’ System or for other Nigerian citizens who are students seeking admission into the College.

5.      Common seal

The common seal of the College must be kept in such custody as the Governing Council may determine or in such other manner as may be prescribed by the statute.

PART 2  – Establishment, Composition and Functions of the Governing Council of the College

6.      Establishment of the Governing Council of the College and Composition of members of the Council

(1)     There is established for the management of the affairs of the College, the Lagos State College of Education Governing Council (referred to in this Law as “the Council”).

(2)     The Council will be the governing authority of the College and will have the custody, control and disposition of all the property and finances of the College, and except as may otherwise be provided in this Law and the statutes, will manage and superintend generally the affairs of the College and in any matter concerning the College not provided for by or under this Law, the Council may act in such manner as appears to it best calculated to promote the interests and aims of the College.

(3)     The Council will consist of the following members—

(a)     a chairman;

(b)     one (1) representative of the Lagos State Principals’ Conference;

(c)      one (1) representative of the Lagos State Schools Management Board;

(d)      the Provost of the College;

(e)     one (1) representative of the University of Lagos;

(f)       one (1) representative of the Ministry of Education who must be a professional not below Grade Level 13;

(g)      one (1) representative of the Alumni Association of the College;

(h)      one ( 1 ) representative of the Academic Board of the College, who is a member of the Academic Board;

(i)       one (1) representative of the Lagos State University;

(j)      three (3) other members representing other interests; and

(k)      the Registrar, who shall be the Secretary to the Council shall keep records, conduct the correspondence of   the Council and perform such other duties as the Council or the Provost may direct.

7.      Appointment of Chairman and other members of the Council

The Chairman and other members of the Council shall be appointed by the Governor.

8.      Tenure of office of Chairman and members of the Council

(1)     The Chairman and other members of the Council who are not public officers will hold office for a period of three (3) years.

(2)     Notwithstanding subsection (1) of this Section any member who is a public officer representing an institution or body will hold office at the pleasure of the Governor.

9.      Remuneration of members

The Chairman and other members of the Council shall be paid such remuneration as the Governor determines.

10.    Functions of the Council

Subject to the provisions of the Law, the Council will-

(a)     make, amend, or revoke, in consultation with the academic board, statutes, in accordance with the provisions of this Law;

(b)     approve, amend, or revoke ordinances made by the Academic Board in accordance with the provisions of this Law;

(c)      govern, manage and regulate the finances, accounts, investments, property, business and all other similar affairs of the College;

(d)      borrow money on behalf of the College;

(e)     provide and maintain the buildings, libraries, laboratories, workshops, premises, furniture, apparatus and other means needed for carrying out the work of the college;

(f)      make such arrangements for the insurance of the property and personnel of the College as may be expedient for the promotion of the work and welfare of the College;

(g)     acquire, buy, hire, lease or accept leases, sell, exchange or otherwise dispose of any real or personal property on behalf of the College, subject to the provisions of paragraph (p) of section 3 of this Law;

(h)     enter into, vary, perform and cancel contracts on behalf of the College;

(i)      determine in consultation with the Academic Board, all fees payable to the College;

(j)       make appointments into academic and senior administrative posts of the College and to determine the conditions of service for such posts in accordance with the existing government policy;

(k)     establish after considering the recommendations of the Academic Board in that behalf, schools, departments, centres, and other units of learning, research, development and production, to prescribe their organisation, constitution and function; and to modify, revise, reform and alter the name or discontinue any such school, department, centre or any other unit of learning, research, development and production;

(l)      authorise the establishment of posts for the administrative staff and other staff in the College;

(m)    regulate the salaries and determine the conditions of service of all staff employed by the College in accordance with the existing government policy;

(n)     exercise powers of removal from office and other disciplinary control over the academic staff, the administrative staff, and all other staff in the College;

(o)     promote and make provisions for teaching, research, development and production within the College;

(p)     create, in consultation with the Academic Board, fellowships, studentships, scholarships, bursaries, prizes, medals and other endowments and aids to study and conduct research;

(q)     provide for the welfare of all persons employed by the College and their spouses, widows and dependents of such persons including the payments to them of money, pensions or other retirement benefits;

(r)      constitute into committees or other bodies from among its own members for the purpose of making recommendations to it as regards any of its functions conferred or imposed under this Law;

(s)     delegate any of its functions conferred or imposed under or by virtue of this Law to the Chairman, Provost or member as it may appoint: provided that such delegation shall be revocable at will and not preclude it from exercising any of its functions under or by virtue of this Law; and

(t)      not delegate its powers to approve, amend, or revoke ordinances made by the Academic Board in accordance with the provisions of this Law.

11.    Appointments and Promotions Committee

(1)     The Chairman of the Council shall be the chairman of the Appointments and Promotions Committee when the Council and Committee sit for the specific purpose of appointing the Deputy Provost, the Registrar and the Bursar.

(2)     There will be a Senior Staff Appointments and Promotions Committee for the appointment, promotion, transfer and confirmation of all categories of senior staff. The Provost will be the chairman of the Committee, and will be assisted by the Deputy Provost, all Directors of schools, and two (2) experts in the relevant field of the candidate; but the appointment of the Deputy Provost will be from amongst the Directors of the various schools on the recommendation of the Provost.

(3)     The Registrar shall be the Secretary to the Council and the Committee in subsections (1) and (2) of this Section.

(4)     The power to appoint all other categories of staff to hold or act in offices in the College, to transfer and confirm appointments, to dismiss and exercise disciplinary control will be exercised by the Provost acting on the recommendations of the Junior Staff Appointments and Promotions Committee.

PART 3 – The Principal Officers, Constituent Bodies and other Authorities of the College

12.    The Moderator and the functions

(1)     The Governor of Lagos State is the Moderator of the College.

(2)     The Moderator may conduct a visitation of the College in person, or after consultation with the Commissioner direct that a visitation will be conducted by such persons as the Moderator may appoint in that behalf for the purpose of advising on the effective fulfillment of the aims as the due exercise of the functions of the College as prescribed by this Law.

(3)     It will be the duty of all officers, members, authorities and employees of the College to make available to the Moderator and to any other person(s) conducting a visitation in pursuance of this Section, such facilities, and assistance as may be reasonably required for the visitation.

13.    The Chairman of the Governing Council

The Chairman shall take precedence before all other members of the Council at the Convocation of the College.

14.    Provost

(1)     There shall be a Provost of the College (referred to as “the Provost”) who shall be appointed by the Governor on the advice of the Commissioner after consultation with the Council.

(2)     Subject to the general control of the Council, the Provost shall be the chief executive of the College and shall be charged with general responsibility for matters relating to the day to day a dmin i s t r a t io n of the College.

15.    Other Officers

There shall l be a Deputy Provost to be appointed by the Council and such other officers of the College as the Council may deems fit to appoint.

16.    Establishment of the Academic Board

There s h a l l be established for the College a Board to be known as the Academic Board which will be the Supreme Academic Authority of the College and wi l l have direct overall policy control of the academic programmes to the College.

17.    Composition of the Academic Board

(1)     The Academic Board will consist of the following members-

(a)     the Provost;

(b)     the Deputy Provost;

(c)     the directors of schools;

(d)     heads of Departments;

(e)     the Chief Librarian;

(f)      six (6 ) members as may be elected from the academic staff of the College other than heads of the departments as may be appointed by the Council; and

(g)     a representative of the affiliated University.

(2)     The Provost will be the chairman of all meetings of the Academic Board, and where absent the Deputy Provost will so act and where both are absent, a director of a school nominated by the Provost or Deputy Provost will act as the Chairman.

18.    Quorum

(1)     The quorum of a meeting of the Academic Board will be one-third of its members present including the chairman.

(2)     The Registrar will be the Secretary of the Academic Board.

19.    Functions of the Academic Board

The Academic Board shall –

(a)     formulate and establish the academic policy of the College and advise the Council on the provisions of facilities to carry out that policy;

(b)     direct and regulate, after considering the views of the boards of the schools concerned, the instructions, training, courses of study, research and development within the College;

(c)     regulate all College examinations, and after considering the recommendations of the boards of the schools concerned, to appoint internal and external examiners;

(d)     regulate through ordinance, the admission of persons to the College and to courses of study in the College, their continuance or discontinuance in such courses, and the conditions qualifying for admission to the various titles, diplomas, distinctions, prizes, medals and other awards offered by the College;

(e)     award fellowships other than honorary fellowships, memberships, diplomas, certificates and other academic titles and distinctions to persons who have pursued in the College such courses of study as may be approved by the Academic Board and passed such examinations of the College and satisfied such conditions as may be prescribed by the ordinances passed by the Academic Board;

(f)      recommend to the Council, subject to the procedure prescribed by statute, the names of persons for the award of honorary fellowships or other distinctions;

(g)     determine after considering the views of the boards of the schools concerned, what examination and course of study in other places of higher learning will be deemed equivalent to the examination and course of study in the College;

(h)     formulate, modify or revise schemes for the examinations of the existing schools, departments and other units of learning, research development and production in the College and to assign to them their respective subjects of study and also to make recommendations to the Council as to the expediency of the establishment at any time of other schools, departments, centres and other units of learning, research and development or of abolishing, combining or sub-dividing any of them;

(i)      promote research, development, production and services in the College and to require reports from time to time of such activities;

(j)      prepare estimates of expenditure required to carry out the academic work of the College and to submit them to the Council for approval;

(k)     review from time to time the duties of all members of the academic staff and to make recommendations to the Council on their terms and conditions of service;

(l)      promote extra-mural work of the College;

(m)    make recommendations to the Council concerning all College fees;

(n)     require a student to withdraw from the College on academic or other grounds;

(o)     prescribe the academic dress to be worn by the various officers or members of the College and the occasions on which it will be worn;

(p)     appoint representatives of the College on other bodies except as otherwise provided;

(q)     discuss and declare an opinion on any matter whatsoever relating to the College and to report to the Council on any matter referred to it by the Council;

(r)      constitute committees or other bodies for the purpose of making recommendations to the Academic Board in respect of any of its functions conferred under this Law;

(s)     deprive any person of fellowships, diplomas, memberships, certificates, scholarships, studentships, bursary, medal, prize or other academic title, distinction or award whatsoever conferred on or granted to it by the College, if after such enquiry as the Academic Board may deem necessary, the Academic Board is satisfied that the person has been guilty of scandalous or other dishonorable conduct in obtaining the same or in gaining admission into the College;

(t)      withdraw or direct the withdrawal of fellowships, memberships, diplomas, certificates, scholarships, bursary or other academic award whatsoever granted to any student or other person by the College where the Academic Board is satisfied on academic or other grounds that it is necessary to do so; and

(u)     exercise all other functions as are or may be conferred or imposed on the Academic Board in accordance with this Law, ordinances or regulations.

20.    Establishment of schools

(1)     There ma y be in the College such schools as are deemed desirable as specialized in the field of Education.

(2)     The organisation and functions of the schools established, will be such as may be prescribed by the Academic Board.

21.    Departments

There will be established within each school as many departments as are necessary or expedient for the effective organisation and execution of the work of the school.

22.    Research Development and Production centres

(1)     There will be in the College such centres for research development and production as are deemed desirable for organisation and execution of the work of the College.

(2)     The organisation and functions of the respective centres as may be established will be such as may be prescribed by statutes, ordinances and regulations.

23.    Congregation

(1)     There will be a Congregation of the College, and its constitution, functions and procedure subject to the provisions of this Law, will be prescribed by Statutes and Ordinances.

(2)     The Congregation of the College shall consist of-

(a)     the Provost;

(b)     the Deputy Provost;

(c)     the Registrar;

(d)     all other full-time members of the Academic Staff;

(e)     the Bursar; and

(f)      every other member of the administrative staff who holds a degree of any recognised University.

(3)     The Provost shall be the Chairman of all meetings of the congregation and when absent, the Deputy Provost, and when the Deputy Provost is absent, such other member of the Congregation present at the meeting as the Congregation will appoint will be the Chairman for that meeting.

(4)     The quorum of the Congregation will be one-third of its members present including the Chairman.

24.    Convocation

(1)     There shall be Convocation of the College which will consist of members of the Governing Council, the principal officers, members of the Academic Board and all lecturers.

(2)     A person will be registered as a member of the Convocation if the person is either a graduate or a person satisfying such requirements as may be prescribed for the purpose of this subsection.

(3)     The procedure to be used a t the Convocation at any of its meetings, will be prescribed by the Academic Board subject to t h e provisions of the statutes.

(4)     The Chairman of the Council will be the Chairman of the Convocation, when present and when absent, the Provost will be the Chairman at all meetings of the Convocation and if absent, the Deputy Provost.

(5)     The Convocation has the function of conferring-

(a)     fellowships;

(b)     memberships; and

(c)     diplomas.

(6)     The quorum of the Convocation will be one-third of the members present including the Chairman.

25.    Alumni Association

There will be an alumni association of the College and its constitution and functions will be such as may be prescribed by the association itself subject to the provisions of this Law.

PART 4 – Statutes, Ordinances and Regulations

26.    Statutes

Statutes may be made by the Academic Board of the College to prescribe or regulate any or all of the following—

(a)     the status, appointment, continuance in office and the functions of officers of the College where such matters are not provided by this Law;

(b)     the constitution, functions and procedure of the authorities and constituent bodies of the College and other matters relating to such authorities and bodies;

(c)     the procedure for the appointment and the terms and conditions of service of, and the exercise of the disciplinary control over the Academic Staff, the administrative staff, and other staff of the College;

(d)     the admission of students, their discipline, health and welfare;

(e)     the conferment of honorary fellowships; and

(f)      all other matters which, under the provisions of this Law, may be authorised or required to be prescribed or regulated by statute.

27.    Mode of exercising the power to make, amend or revoke Statutes

Statutes shall be made, amended or revoked by the Academic Board in consultation with the Council and be assisted by the Commissioner after prior consultation with the Moderator.

28.    Ordinance

(1)     Subject to the provisions of this Law and of the statutes made under this Law, the Academic Board or the College may make ordinances for the purposes of-

(a)     prescribing and regulating the financial affairs of the College as agreed to by the Council and Academic Board to have such academic implications as to make them appropriate subjects for regulation;

(b)     prescribing or relating any other matter which may be authorised or required by this Law prescribed or regulated by Ordinance; and

(c)     adding to, amending, revoking any Ordinance in force.

(2)     Every Ordinance shall take effect from the day on which it is approved by the Academic Board.

29.    Power of the board to make regulations

(1)     Subject to the provisions of this Law, the boards of the schools may make regulations for the purpose of exercising any function conferred or imposed on them by this Law, or prescribing or regulating any matter which may be authorised or required by this Law to be prescribed or regulated by regulations.

(2)     The Academic Board may add to, amend or revoke the regulations in force.

(3)     The regulations take effect as from the day on which they were affirmed by the Academic Board or from such date as may be specified in the regulations.

30.    Conflict of provisions

In the event of any inconsistency between—

(a)     a Statute and the provisions of this Law or any other Law, the provisions of this Law will prevail; or

(b)     an Ordinance and the provisions of this Law or any other Law or any statute, the provisions of this Law or the statute will prevail; or

(c)     regulations and the provisions of this Law or any other Law, statute or ordinance, the provisions of this Law, statute or Ordinance will prevail.

PART 5 – Discipline

31.    General power of Council to maintain order and discipline

Subject to the provisions of this Law, statutes, Ordinances and Regulations, the Council has power to deal with all matters relating to the maintenance of order and good discipline in the College as the Council may deem fit whether or not such matters are referred to the Council by the Provost.

32.    Procedure for removing the Provost from office

(1)     If it appears to the Council that there are reasons for believing that the Provost should be removed from office on the ground of misconduct or inability to perform the functions of the office, the Council shall-

(a)     give notice of these reasons to the Provost;

(b)     set up a Committee from among the members of the Council and the members of the Academic Board to investigate the matter and to report its findings to the Council;

(c)      afford the Provost an opportunity of making representations in person or through a legal representative on the matter to the Council t h r o u g h its committee; and

(d)     if the Council is satisfied that the Provost should be removed as mentioned, the Council may do so, after obtaining the prior written approval of the Governor, by an instrument in writing signed by the chairman or any other officer of the Council.

(2)     The Chairman or any other officer of the Council will cause a copy of the signed instrument of removal to be served as soon as possible on the Provost.

(3)     The Council may by written notice addressed to the Provost prohibit t h e exercise of the functions of the office pending the determination of any disciplinary proceedings instituted under this section if it appears to it that the Provost should be interdicted.

(4)     The Provost, if under interdiction will be paid half salary:

Provided that if the disciplinary proceedings results in acquittal, the whole of the salary withheld will be restored when the final decision as to that result is made.

33.    Procedure for removing other staff

(1)     If it appears to the Council that there are reasons for believing that any senior staff besides the principal officers should be removed from office or employment on grounds of misconduct or inability to perform the functions of the office or employment, the Council will-

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

(b)     set up a committee from among the members of the Council and the Academic Board to investigate the matter and to report on it to the Council where the matter relates to the Deputy Provost, the Registrar or a head of department;

(c)     direct the Provost to set up a committee to investigate the matter and report to the Council, where the matter relates to any other member of the academic staff or senior administrative staff;

(i)      who is appointed after or allowed to continue in employment beyond retiring age prescribed by the Council; or

(ii)      whose appointment is not intended to continue until retiring age, and may be removed from office in accordance with the terms of the contract of service or in exercise of powers of disciplinary control conferred in that behalf in or by virtue of this;

(d)     make reasonable arrangements for the person in question to be afforded an opportunity of appearing before and being heard by the investigating committee with respect to the matter and if so desired, to be accompanied by a representative; and

(e)     if the Council is satisfied that the person in question should be removed, the Council may confirm t h e removal by an instrument in writing signed by the Chairman or any other officer of the Council.

(2)     The Chairman or any other officer of the Council will cause a copy of the signed instrument of removal to be served as soon as possible on the person in question.

(3)     The Council may, by a written notice addressed to the person in question prohibit the person from exercising the functions of t h e office pending the determination of any disciplinary proceedings instituted under this section if it appears to it that such person should be interdicted from office.

(4)     A person who is under interdiction will be paid half salary:

Provided that if the disciplinary proceedings against such an officer results in acquittal, the whole of the salary withheld will be restored when the final decision as to that result is made.

34.    Exercise of disciplinary functions by Provost

(1)     The Provost will exercise such disciplinary functions as may be conferred or imposed by this Law, Statute, Ordinances, and Regulations and will, subject to the provisions of this Law exercise general supervision and control over discipline in the College in such manner as the Provost may deem appropriate.

(2)     Subject to the provisions of this section, where it appears to the Provost that any student of the College has been guilty of misconduct, the Provost may without prejudice to the exercise of any other disciplinary powers conferred by this Law, statutes, ordinance or regulations direct that-

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

(b)     the activities of the student will, during such period as may be specified in the direction, be restricted in such manner as may be so specified;

(c)     the student be rusticated for such period not exceeding one (1) month;

(d)     the student will be recommended to Council for expulsion from the College; or

(e)     the student will be surcharged in any amount for damages done to the property of the College.

(3)     Where a directive is given for rustication under paragraph (c) of subsection (2) of this Section, the student concerned may appeal against the direction to the Council which may after causing such inquiry to be made into the matter as it may consider appropriate, either confirm or set aside the direction or alter it in such manner as it may deem fit.

(4)     The fact that an appeal against a direction had been brought under this section will not affect the operation of the direction pending the determination of appeal.

(5)     The Provost may delegate powers to discipline students under this section to a disciplinary committee consisting of such members of the College as may be nominated.

(6)     The Provost may empower the Directors of Schools or other similar units of the College to discipline students other than by way of rustication or expulsion from the College for any breach of school rules:

Provided that such delegation shall be revocable at will and not preclude the Provost from exercising any of these powers.

(7)     Nothing in this section will be construed as precluding the restriction or termination of a student’s activities in or attendance at the College on grounds other than that of misconduct.

35.    Powers of Council to suspend activities of the College

(1)     The Council has power, subject to the approval of the Governor to suspend the academic and other activities of the College, where in the opinion of the Council, good order or discipline in the College has been or is likely to be prejudiced by any act or omission on the part of students or staff.

(2)     The Governor may order the suspension or closure of the College for reasons of overriding public interest.

PART 6  – Financial Provisions

36.    Council to appoint Finance and General Purposes Committee

(1)     The Council will appoint a Committee to be known as the Finance and General Purposes Committee, which, subject to the directives and supervision of the Council, will exercise control over the property and expenditure of the College and perform such other functions as the Council may direct.

(2)     The Constitution of the Finance and General Purposes Committee and its functions will be such as may be prescribed by statute.

(3)     Subject to the provisions of this Law, the statutes and any State Government’s legislation, regulations, instructions, as well as policies on contract award for the time being in force, the Council and the Finance and General Purposes Committee may make rules for the purpose of exercising any of their respective functions or of regulating their own procedure.

(4)     Rules made under subsection (4) by the Finance and General Purposes Committee will not come into force unless approved by the Council and to the extent that any rules so made by that Committee which conflict with any directions given by the Council (whether before or after the coming into force of the rules in question), the directions of the Council will prevail.

(5)     There will be paid by the Council to the members of 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 be approved by the Council.

(6)     The Council will meet as and when necessary for the performance of its functions under this Law and meet at least three (3) times in every year.

37.    Bank Accounts

The Council will arrange that all monies received on account of the College and in the general fund mentioned in Section 40 of this Law be paid into such bank or banks as may be approved by the Council to the credit of one or other of the accounts of the College to be opened with such bank or banks in accordance with its directives.

38.    Financial year Accounts, etc.

(1)     The College’s financial year will be in accordance with that of the Lagos State Civil Service.

(2)     The accounts of the College for the preceding financial year, including an annual statement will be prepared by the Bursar for the information of the Council.

(3)     The Provost will be the Accounting Officer of the College.

39.    Annual Estimates

The estimates of income and expenditure for a financial year will be presented by the Provost to the Council, and t h e n through the Commissioner to the Governor for approval.

40.    Gifts, donations, grants and endowments

(1)     The Council may, on behalf of the College, accept by way of grants, gifts, endowments, donations, testamentary disposition or otherwise, property and monies in aid of the finances of the College.

(2)     Registers must be kept of all donations to the College, including the names of donors.

(3)     All property, monies or funds donated and received for approved purposes will be applied and administered in accordance with such purposes.

(4)     All grants received by virtue of this section will be released quarterly through the Lagos State Tertiary Education Committee.

41.    General fund of the College

(1)     There will be a general fund of the College which consists of-

(a)     grants;

(b)     fees;

(c)     income derived from investments;

(d)     gifts, legacies, endowments, donations not accepted for a particular purpose;

(e)     income derived from the exercise of any function conferred or imposed on the College by this Law; and

(f)      all other monies belonging to the College from whatsoever source derived.

(2)     The general fund will be applied for the benefit of the College.

(3)     The general fund will be disbursed through the Lagos State Tertiary Education Committee.

42.    Auditing of accounts

The Council must keep proper accounts of its payments, receipts, assets and liabilities and submit them for auditing by an auditor selected from a list of Auditors approved by the Auditor-General of Lagos State under Section 26 (8) of the Audit Law of Lagos State as soon as possible after the end of each financial year but not later than six (6) months.

[No.7 of 2011 L.L.S.N]

43.    Application of the Pension Law

The Lagos State Pension Re f o rm Law will, in its application to any office under this Law, have effect as if the office were in the Civil Service of the State.

[No.3 of 2007 L.L.S.N]

PART 7 – General Provisions

44.    Execution and issue of contracts, instruments, etc.

(1)     A contract or instrument which, entered into or executed by a person not being a body corporate, would require to be under a seal, may be entered into or executed without being sealed on behalf of the College for that purpose.

(2)     A document purporting to be one duly executed or issued under the seal of the College or on behalf of the College shall unless the contrary is proved, be deemed to be a document so executed or issued as the case may be.

45.    Service of notice, etc.

Service on the College of any notice, order or other document may be effected by delivering it at the office of the Registrar, or by sending it by registered post addressed to the Registrar of the College.

46.    Restriction of suits and execution

(1)     A suit will not commence against the College until at least one ( 1 ) month after written notice of intention to commence the case will have been served on the College by the intending plaintiff or an agent, and such notice must clearly state the cause of action, the particulars of the claim, the names and place of abode of the intending plaintiff and the relief claimed.

(2)     In any suit against the College, no execution or attachment of process will be issued against the College but any sum of money awarded against the College by a court will, subject to any directions given by the court, be paid by the College from its general fund.

47.    Power of Commissioner to give directives

The Commissioner may give to the Council, directives of a general or specific character or relating generally to matters of policy with regard to the exercise by the Council of its functions under this Law and the Council must comply with and give effect to such directives.

48.    Vacancy or defect in appointment not to invalidate proceedings

A resolution or proceeding of any authority or other body of the College established by or in pursuance of any of the provisions of this Law will not be invalidated merely by reasons of the existence of a vacancy or vacancies in the membership of such authority or body by reasons of any defect in the appointment, election, selection, nomination or co-operation of a member.

49.    Submission of Annual Report

The Council must submit an annual report of its activities through the Commissioner to the Governor.

50.    Resignation and re-appointment, etc.

(1)     A person who has been or is deemed to have been appointed, elected, nominated or otherwise selected to any office established by or in pursuance of any o f t h e provisions of this Law may resign from that office in writing addressed to the person or authority who appointed, elected, nominated or otherwise selected the one resigning.

(2)     The resignation of any person under this section takes effect at the end of the academic session.

(3)     A person who has resigned office will if not disqualified be entitled to be re-appointed, re-elected, re-nominated or otherwise re-selected to the same.

51.    Leave of absence

A member of the academic staff, administrative staff, or other staff may be granted leave of absence on such terms and conditions as may be regulated by statute or contract or appointment.

52.    Member of authorities to declare personal interest

A member of any authority or other body of the College established by or in pursuance of any of the provisions of this Law, who has a personal interest in any matter proposed to be considered by that authority or body must immediately disclose such interest to the authority or body and not vote or otherwise participate in any decision or any question relating to that matter.

53.    Compulsory acquisition of land under the Land Use Act

(1)     All land required for the purpose of the College will be deemed to be required for public purpose, and on the application of the College to the State Government will be declared so.

[Cap. L5 2011 L.F.N.]

(2)     Where any land has been compulsorily acquired under the provision of this section, the State Government will vest such land in the College by means of a certificate under the hand and seal of the appropriate authority having power under the Land Use Act.

(3)     The College will not sell, demise, mortgage, charge or otherwise alienate any land vested in the College under the provision of this section without the prior approval of the Governor.

54.    Exemptions from stamp duties, etc.

The stamp duties and registration fees prescribed under the provisions of the Stamp Duties Law, Land Instruments Registration Law, Registered Land Law, Registration of Titles Law respectively, will not be payable in respect of any transfer of any property, rights or liabilities to the College.

55.    Power to make proposals for amendment of Law

(1)     The Council may at any time make to the State Government proposals for amendment to this Law by special resolution passed in that behalf.

(2)     A special resolution will mean a resolution of which at least twenty-one (21) days’ notice has been given, passed at one meeting of the Council and confirmed at a subsequent meeting held not less than three (3) weeks nor more than three (3) months after the former, provided that the resolution is passed at each meeting by a majority of not less than three-fourths of the members present and voting.

56.    Unauthorized use of name of College

A person who, without the written approval of the Council, assures, registers, or uses for the purpose of any business a name which includes the Lagos State College of Education commits an offence and is liable on conviction to a fine of Seven Thousand Five Hundred Naira (N7,500.00) for every day the offence continues.

57.    Repeals of 1980, No.23 and 1985 No.5 and Savings

(1)     The College of Education Law, 1980 and the Lagos State College of Education Law, 1985 are repealed.

(2)     Nothing in this Law will affect any appointment, agreement or instrument made, resolution passed, direction given, proceeding taken or thing done under the repealed Law, if validly made; but every such appointment, agreement or instrument made, resolution passed, direction given, proceeding taken or such thing done will have effect as if made, passed, given, issued or done under this Law and be construed with such modifications, amendments and omission as would bring it into line with the general intendments of this Law.

(3)     A property which became vested in the College by virtue of the provisions of the repealed Law will continue to be so vested under the provisions of this Law.

58.    Interpretation

In this Law, unless the context otherwise requires-

“Academic Board” means the Academic Board established u n d e r sect ion 1 6 of this Law;

“academic staff” means the Provost, Deputy Provost, Chief Lecturers, Principal Lecturers, Senior Lecturers, directors, heads of departments, librarians, assistant lecturers and such other persons in the employ of the College engaged in teaching and research in the College, acting in accordance with the recommendations of the Academic Board of the College;

“academic year” means such period not exceeding twelve consecutive months as the Academic Board may designate;

“administrative staff” means the registrar, deputy registrar, bursar, and such other persons in the employ of the College, other than the academic staff who hold administrative, professional or technical posts designated by the Council as senior posts;

“alumni association” means any association recognised by the Council as being representative of former and existing students of the College who are graduates;

“College” means the Lagos State College of Education established under Section 1;

“Commissioner” means the Commissioner for the time being charged with the responsibility for education in the State;

“Congregation” means the congregation of the College as established under Section 23 of this Law;

“Convocation” means the convocation of the College as established under Section 24 of this Law;

“functions” includes powers and duties;

“graduate” means a person on whom a diploma of the College has been conferred by the College and any other person as may be designated as a graduate by the Council acting in accordance with the recommendations of the Academic Board;

“indigene of Lagos State” or “Lagos State indigene” will be as may be defined by the State Government;

“lecturer” means a person appointed as a member of staff of the College on full time or part-time duties and includes such person employed on research or other duties in the College as are required also to teach;

“ordinance” means an ordinance made by the Academic Board pursuant to the provisions of this Law or the Statutes;

“other Staff” means those persons in the employ of the College who are not members of the academic staff or the administrative staff;

“prescribed” means prescribed by this Law or by Statutes, Ordinances or regulations of the College;

“regulations” means any regulation made by the school boards of the College and approved by the Academic Board;

“State” means Lagos State of Nigeria;

“School” means any school established under section 20 of this Law;

“statute” means the Statutes of the College made by the Council under Section 26 of this Law;

“student” means a person who has fulfilled the conditions for admission, and has registered as a student in the College to pursue a course of studies, training or research leading to diploma, certificate or such other qualifications of the College as qualifying a person for the status of a student;

“undergraduate” means a person in statu pupillar and registered as a student undergoing a course of studies for a diploma of the College; or such other course in the College as may be approved by the Academic Board as qualifying a student undergoing it for the status of an undergraduate and excludes occasional student.

59.    Citation and commencement

This Law may be cited as the Lagos State College of Education and will come into force on the 6th day of June, 1986.

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