Attorney-General |
[We provide free online access to documents published on LawNigeria.com. Electronic PDF copy of this document is available for N1,000 . Electronic compendium (PDF) of the whole laws of Nasarawa is available. Click HERE or Email lawnigeria@gmail.com and info@lawnigeria.com or text/call +234 706 7102 097 to order]
COLLEGE OF AGRICULTURE, LAFIA, NASARAWA STATE EDICT 1998
LAWS OF NASARAWA STATE OF NIGERIA
ARRANGEMENT OF SECTIONS
PART II – THE COLLEGE COUNCIL
iii. Revocation of appointment
vii. Revocation of appointment
viii. Secretary to the Council
PART IV – THHE ACADEMIC BOARD OF THE COLLEGE
PART V – FINANCE AND GENERAL PURPOSE COMMITTEE
PART VI – APPOINTMENT AND PROMOTION COMMITTEE (A&PC)
PART VII – PRINCIPAL OFFICERS OF THE COLLEGE
PART IX PROPERTY AND FINANCE
PART X – MISCELLANEOUS PROVISIONS
PART XI – SUPPLEMENTARY PROVISIONS FOR THE COUNCIL AND OTHER CONSTITUENT BODIES OF THE COLLEGE
ENACTMENT
THE MILITARY ADMINISTRATOR OF NASARAWA STATE OF NIGERIA Hereby makes the following Edict:
EDICT No. 11 of 1998
Title and commencement
General Interpretation
“Auditor General” means the Auditor General of the State;
“Board” means the Academic Board of the College established under Section 10 of this Edict;
“Chairman” means the Chairman of the Council;
“College” means the Nasarawa State College of Agriculture established under Section 3 of this Edict;
“Committee” means Standing Committee established by the Governing Council under Section 15 and 21;
“Council” means the Governing Council of the College established under Section 7 of this Edict;
“Dean of School” means an officer not below EUSS 13 who is elected from amongst the academic staff of the school to administer that school;
“Department” means the teaching, research, administrative or technical unit recognized by the Council;
“Deputy Provost” means the Deputy Provost of the College;
“Executive Council” means the Executive Council of the State;
“Military Administrator” means the Military Administrator of Nasarawa State and includes the Governor of the State.
“Head of Department” means an officer of the institution, who is also a member of staff and who is designated by the provost as Head of recognized Department;
“Member of staff” means the members of staff of the College and includes the Provost;
“National Board” means the National Board charged with the responsibilities of supervising the academic programmes of the Colleges of Agriculture.
“Provost” means the Provost of the College appointed under Section 29 of this Edict;
“Registrar” means the Registrar of the College;
“School” means a number of related Departments under the supervision of a Dean;
“State” means Nasarawa State of Nigeria;
“Statutes” means the statutes of the College made by the Council;
“Management” mean principal officers of the College;
PART II – ESTABLISHMENT, INCORPORATION, POWER, OBJECTIVES AND FUNCTIONS OF THE COLLEGE
Establishment of the College
Objectives of the College
(i) To offer courses leading to the award of National and Higher National Diploma Certificates;
(ii) To offer professional courses to candidates to qualify as Agricultural Extension Workers;
(iii) To conduct research work on the various areas of agriculture as may be beneficial to the State;
(iv) To organize courses of in-serve instructions; and
(v) To provide training and development of agricultural production skills that will produce technicians that can be self reliant.
Supervisory body
Powers and functions of the College
(i) To set up Departments and Schools;
(ii) To provide such physical facilities and amenities as may be necessary;
(iii) To stipulate the requisite conditions for the admission of the students into the College as directed by the National Board;
General Interpretation
(iv) To prepare, arrange, examine and award certificates and other distinctions to persons who have successfully pursued courses of study and such other requirements prescribed by the College.
(v) To undertake community services as may be consistent with the objectives of the College;
(vi) To demand, receive from any student or any other person attending the College for purpose of tuition and boarding, such fees as the College from time to time may determine;
(vii) To operate its bank account;
(viii) To do all such things whether or not incidentally to be foregoing powers, as may advance the objectives of the College;
(2) Subject to the provisions of this Edict and Statutes, the powers conferred on the College by Sub-section (1) of this Section shall be exercised on behalf of the College as may be authorized by the Statutes of the Council.
PART II – THE COLLEGE COUNCIL
Establishment of and composition of the Council
(2) The Council shall be made up of the following members:-
(i) The Chairman and two other persons, appointed by the Governor;
(ii) Eight Ex-officio who shall be:
(a) The Commissioner, Ministry of Agriculture, Water Resources and rural Development or representative.
(b) The Commissioner, Ministry of Finance and Economic Planning or representative;
(c) The Commissioner, Ministry of Works or representative;
(d) The Attorney-General, Ministry of Justice or representative;
(e) The Commissioner, Ministry of Education or representative;
(f) Provost;
(g) Deputy Provost;
(3) Other members are:-
(a) Representative of the National Board;
(b) A representative of the Academic Board Member not below the rank of Principal Lecturer to be elected.
Tenure of office
(b) A member of the Council other than an Ex-officio member shall hold office for such period not exceeding three years or as may be determined by the appointing authority and shall be eligible for re-appointment for another term.
(c) Any member of the Council, other than an Ex-officio member, may, by notice to the Governor and Council resign his appointment;
(d) Any vacancy created in the membership of the Council shall be filled by the appointment of a successor who shall represent the same interest as his predecessor for the remainder of the term of office of the predecessor.
Powers and functions of the Council
(a) To make, amend or revoke statutes;
(b) To control the direction and regulation of the affairs of the College;
(c) Superintend, generally, over all affairs of the College and in particular the control of the property and finances of the College; and
(d) Do anything not otherwise provided for under this Edict in such manner as it deems fit and necessary to promote the best interest of the College
Delegation of function
(2) (a) The Council may delegate any of its powers and functions except of any statutes to the Chairman or any other person or to any Committee it may constitute;
(b) To acquire and hold any movable or immovable property in the opinion of the Council for the purpose of the Edict and dispose of the movable or immovable property if no longer required by it and with the approval of the Governor given such term as may be determined by it to sell, mortgage, lease, or otherwise dispose of any immoveable property.
(c) Any money falling due to be paid by the State Government under a guarantee provided under this Section is hereby charged on the consolidated revenue fund; and
(d) To institute and award scholarship and prizes, when possible.
Delegation of powers
(3) (a) The Council may delegate any of its powers and functions except the powers to make, or amend or revoke the provisions of any statutes, to the Chairman or to any person or Committee it may constitute but no decision of such person or Committee shall take effect unless confirmed by the Council;
(b) the Council may delegate to the Chairman of the Council or member of staff of the College the routine administration of the affairs of the Council except powers to:
(i) Approve or take loan;
(ii) Make standing orders; or
(iii) Do any act involving extraordinary expenditure.
Revocation of appointment
(4) Notwithstanding anything to the contrary contained in this Edict or in any instrument by which a person is appointed under this schedule, the Governor may, if he deems expedient, so to do, in the interest of the College by order, revoke the appointment of a member and replace him with another person who in his opinion adequately represents the office or interest which that person represented in the Council.
Protection
(5) Any member shall not be personally liable for any act of omission or any act of any default of the Council so long as such act of omission or default was in the course of operations of the Council and in good faith.
Quorum
(6) The quorum for any meeting of the Council shall be the Chairman and at least one member appointed by the Governor and three Ex-officio members.
Co-option of persons(s)
(7) (a) Where upon any special occasion the Council desires to obtain the advice of any special information from any person or any particular matter, the Council may co-opt such person to be a member for such meeting or meetings as may be required and such person whilst so co-opted shall have the right and privileges of a member save that he shall not be entitled to vote on any question.
Revocation of appointment
(b) Whereupon any special occasion the Board; the Finance and General Purpose Committee, Appointment and Promotions Committee or any other Committee appointed under the provisions of the Edict desires to obtain any advice or any special information from any person such person may be co-opted as a member of the particular Board or of the Committee for and such meeting or meetings as may be required and such person whilst so co-opted shall have all the rights and privileges of a member save that he shall not be entitled to vote on any question.
Secretary to the Council
(1) The College Registrar shall be the Secretary to the Council and shall attend all meetings, unless excused for good cause by the Chairman.
(2) In the absence of the College’s Registrar, the Chairman, may in consultation with the Provost appoint a suitable member of administrative staff to act as Secretary for any particular meeting.
PART IV – THE ACADEMIC BOARD OF THE COLLEGE
Establishment of the Board
[Composition of the Board]
(a) The Provost as Chairman
(b) The Deputy Provost
(c) All Deans of Schools
(d) The Librarian
(e) Four confirmed members of the Academic Staff not below the rank of Senior Lecturer other than Deans of Schools as may be elected by the Academic Staff of the College for a period of two years.
(f) All Chief Lecturers and above shall be permanent members of the Board
(g) Tow other persons, whether or not members of the College staff, as may be appointed by the Provost to serve for a period of two years.
(2) The members appointed under the provision of paragraph (e) and (g) Sub-section (1) of this Section shall be eligible for reappointment for second term and no more.
Powers and functions of the Academic Board
(a) To direct and manage in consultation with the National Board, all academic matters of the College including the curriculum, regulations of examination, prizes and other academic distinctions;
(b) To make representation to the Council on the strength of Academic staff and on the organizations of Departments, Schools, Libraries and other Units of learning and research in the College;
(c) To make regulations for the purpose of exercising any of the functions conferred on it under the provisions of this Sub-section; and
(d) Any other function that may be delegated to it by the Council;
(2) The Board may appoint Sub-Committees or other such bodies for advising it and to which it may delegate any of the functions conferred on it under this Section.
Secretary to the Board
(2) In the absence of the Registrar, the Provost shall appoint a suitable administrative staff to act as Secretary for a particular meeting.
Quorum
PART V – FINANCE AND GENERAL PURPOSE
COMMITTEE
Establishment of the Committee
(1) The Chairman of the Council who shall be the Chairman of the Committee.
(2) The Commissioner, Ministry of Agriculture, Water Resources and Rural Development or representative;
(3) The Commissioner, Ministry of Finance and Economic Planning or representative;
(4) The Commissioner, Ministry of Works and Housing or representative;
(5) One other appointed member of Council;
(6) The Provost
Secretary to the Committee
Powers and functions of the Committee
(1) Exercise control over property, revenue and the expenditure of the College;
(2) Deal with, on behalf of the Council any matter requiring decisions in the intervals between the meeting of the Council;
(3) Perform such other functions of the Council as the Council may, from time to time delegate to it.
Quorum
Supplementary provisions, first schedule
PART VI – APPOINTMENT AND PROMOTION COMMITTEE (A&PC)
Establishment of the Committee
Composition of the Committee
(1) The Provost – Chairman
(2) One appointed member of the Governing Council;
(3) The Deputy Provost;
(4) Representative of the Commissioner, Ministry of Agriculture, Water Resources and Rural Development;
(5) Representative of Commissioner, Ministry of Education;
(6) Senior Staff representative in Council;
Secretary to the Committee
[Functions of the Appointment and Promotion Committee]
(1) Establishment of conditions for the appointment and promotion of all categories of senior staff;
(2) Recommend candidates for appointment into positions from EUSS 7 and above;
(3) Assessment and Promotion of staff from EUSS 6 and above;
(4) Establishment and review of conditions of service for all categories of staff from time to time;
(5) Handling of major disciplinary matters for all senior staff;
(6) Any other duty that may be delegated to it by the Council.
Quorum
PART VII – PRINCIPAL OFFICERS OF THE COLLEGE
Officers of the College
(a) Provost
(b) Deputy Provost
(c) Registrar
(d) Librarian
(e) Bursar
Duties of the Principal Officers
(2) (a) The Deputy Provost shall assist the Provost in the performance of his functions;
(b) Act in place of the Provost when the post is vacant or if the Provost for any reason is absent or unable to perform his function as Provost;
(c) Perform such other functions, as the Provost or Council may from time to time assign to him.
(3) The College Registrar in addition to the duties assigned him under the provisions of this Edict, shall be responsible to the Provost for the execution of the decisions made by the Council or the Board, the personnel matters, the students admission and graduation.
(4) The College Librarian shall be responsible to the Provost for the administration of the College Library and the coordination of Library services on the teaching units of the College.
(5) The Bursar shall be the Chief Financial Officer of the College and be responsible to the Provost for the day-to-day administration and control of the financial affairs of the College
Duties of other substantial Heads of Schools and Department
The Provost
(2) Where a vacancy occurs in the post of Provost, the Council shall advertise of the vacancy in a reputable journal or a widely read newspaper specifying;
(3) The Governor shall appoint as Provost, one of the candidates recommended to him under the provisions of Sub-section (2) of this Section.
(4) Subject to this Edict and the general control of the Council, the Provost shall be charged with the day-to-day management operation of the College;
(5) The Provost:
(a) Shall hold office for a period of four years beginning with the effective date of his appointment and on such terms and conditions as may be specified in his letter of appointment; and
(b) May be re-appointed for one further period of four years and no more;
(c) The Provost may for reasons of misconduct or inefficiency be removed from office by the Council subject to the approval of the Governor.
Appointment of Deputy Provost
(2) The Council shall appoint the Deputy Provost from among the Chief Lecturers in the College from a list of three candidates, in order of preference, submitted by the Provost in consultation with the Academic Board.
(3) The Deputy Provost shall:
(a) Assist the Provost in the performance of his functions;
(b) Act in the place of the Provost when the post of the Provost is vacant or if the Provost is for any reason, absent or unable to perform his functions as Provost;
(c) Perform such other functions as Provost may from time to time assign him.
Tenure
(4) The Deputy Provost shall:
(a) Hold office for a period of two years beginning from the effective date of appointment and on such terms and conditions as may be specified in his letter of appointment;
(b) May be reappointed for one further period of two years and no more;
Appointment of Registrar and other Principal Officers
(a) Shall hold office for period of five years beginning from the effective date of his appointment and such terms and conditions as may be specified in his letter of appointment; and
(b) May be reappointed for one further period for five years or more.
Resignation of appointment of Principal Officers
(a) In the case of the Provost, by notice to the Visitor;
(b) In any other case, by notice to the Council.
Appointment of Dean of School
Appointment of Academic Head of Department
Appointment of Senior Staff
Appointment of intermediate and junior staff
Conditions of appointment of intermediate and junior staff
[Rates of remuneration, scales of salaries, etc]
Suspension and removal from office
(b) The Provost may suspend or remove from office any member of the junior and intermediate staff on salary grade EUSS 1-6.
(c) No member of the College shall be suspended or removed from his office unless he shall have been given reasons thereof and an opportunity to make representations.
Resignation and re-appointment
(b) Any member of staff of the College who ceases to hold his office otherwise than by removal for misconduct shall be eligible for re-appointment.
Filling of vacancy
PART IX PROPERTY AND FINANCE
Proper of the College
The power of the Council to hold property
(b) The Council may be behalf of the College invest the funds of the College as necessary or expedient for carrying into effect the provisions of this Edict.
Revenue of the College
(a) Revenue from time to time accruing to the College by way of Government grants, subvention or endowment or other forms of grants in aid;
(b) Fees, charges or dues payable to or recoverable by the College in respect of students;
(c) Payment of publications or services; and
(d) Interest in investments;
(e) Donations, legacies and money borrowed.
Annual estimates
Auditing accounts
(b) The External Auditor shall have the right to access to the books, accounts and vouchers of the College and shall be entitled to such information and explanation as may deem necessary for the auditing of the College accounts.
Statement of accounts
(b) The said statement, duly certified by the Provost shall be audited and after verification by the Council shall together with the Auditor’s report be forwarded to the Governor, through the State Auditor General.
PART X – MISCELLANEOUS PROVISIONS
Committee generally
(b) The Chairman shall be an Ex-officio members of Committee of the Council and all joint Committees thereof.
Student discipline
(b) The College Provost, may, with the approval of the Board, expel a student for misconduct.
Common seal of the College
(b) The common seal of the College shall not be used except upon direction of the Council and shall be authenticated by the signature of the Chairman or some other person in the manner specified by the statutes and shall be officially and judicially noticed.
Methods of enactment of statutes
Powers of the Governor to give directives
(b) The Governor may, after consultation with the Council give the Council specific directives for the purpose of remedying any defect which may be disclosed in general arrangement for the Council for the discharge of their functions under this Edict and the Council shall give effect on such directives.
(c) The Council shall afford the Governor facilities for obtaining information with respect to the property of the College and furnish him with returns, accounts and other information with respect to the property of the College and the function of the Council and afford him facilities for the verification of the information and furnished in such manner and as such times as he may approve.
Settlement of dispute or doubt
Legal proceeding
(b) In any suit by or against the Council, the Council may be represented in court at any State or the proceeding by:
(i) A legal practitioner
(ii) A servant of the Council authorized in writing in that behalf by the Chairman of the Council.
(c) In this Section “Suit” includes an action initiated by writ of summons or in such other manner as may be prescribed by rules of court, but does not include criminal proceedings.
PART XI – SUPPLEMENTARY PROVISIONS FOR THE COUNCIL AND OTHER CONSTITUENT BODIES OF THE COLLEGE
Meeting of the Council
(b) Any three members of the Council, may be notice in writing signed by them request the Chairman to summon a special meeting of the Council for the purpose set out in such notice and the Chairman shall thereupon order a special meeting to be summoned.
(c) The Council shall meet at such times and place as the Chairman appointed provided that the Council must hold at least two meetings in each year.
Vacancy or absence of Chairman
(i) The Chairman of the Council, if present shall be the Chairman of the meeting.
(ii) Where the Chairman is absent or the office of the Chairman becomes vacant, the members of the Council who are present shall choose one of their members to be Chairman of the meeting.
Transfer to service of the College
(b) Any officer who has not applied for the transfer as in sub-paragraph (A) above or whose application has not been accepted and approved by the Council, shall within the year revert to his previous organization.
Special extension of secondment
Contract
Council may appoint Committees
Standing order
(b) The Board and the Finance and General Purpose Committee may, with the approval of the Council, make similar standing orders as in Sub-section (a) of this Section and without prejudice to the generality of the said sub-paragraph, the standing orders may make provisions for special meetings and elections of temporary Chairman.
Defect of appointment invalidate proceeding
(a) There is some defect in the appointment of a person purporting to be a member of the above bodies; or
(b) There is any vacancy among the members.
Summoning
Voting
(b) Each member present who votes at any meeting shall have one, but in case of any equal division of votes the Chairman of the meeting may have a second vote.
Taking of minutes
(b) The Secretary shall keep an accurate record of the meeting in the minute book provided for such purpose.
(c) The minutes of every meeting shall be signed by the Chairman of the meeting after it has been adopted by the meeting next following
Repeal
MADE AT LAFIA THIS 10TH DAY OF NOVEMBER,1998
Lt. Col Bala Mohammed Mande
The Military Administrator
Nasarawa State
EXPLANATORY NOTE
(This note does not form part of this Edict and has no legal effect)
The purpose of this Edict is to establish a College of Agriculture for the State and to repeal the Nasarawa State College of Agriculture, Lafia Edict No. 13 of ……………)
Find other laws of Nasarawa State, Nigeria HERE