….Says Appointment Followed Due Process
By Chuks Collins
Every due arrangements have been made for Tuesday, Nov 5,2024 assumption of duty by Prof Benard Odoh as the new sustantive Vice Chancellor of Nnamdi Azikiwe University, (UNIZIK) Awka.
This was despite the letter alleged to be from the Permanent Secretary of the Federal Ministry of Education Mrs R G Ilyasu to the contrary.
The Permanent Secretary had according to the letter nullified Prof Odoh’s appointment and that of the Registrar – Rosemary Nwokike.
Prof Odoh was already set to assume duty as UNIZIK’s new VC.
The Vice Chancellor had in a statement by his Personal Assistant (Media and Publicity) Mr Charles Otu contended that the Federal Ministry of Education has no powers to interfere in the internal decisions of the University
According to the statement, “based on Nigeria’s extant laws, the Federal Ministry of Education only oversees general educational standards across the nation, but does not have the legal power to direct or control the daily decisions of a university council, including who should be appointed as Vice-Chancellor.
“He explained that the Management officially clarified the Ministry of Education on its enquiries regarding the processes leading to the appointment of Odoh from among the 15 out of the 18 other candidates who applied for the same position through the Registrar, R. I. Nwokike, made thorough clarifications attached with facts of the processes and proceedings of the University’s Senate and the Governing Council, including letters of invitation and actual representatives of appropriate authorities present during the October 29th 2024 interview and selection”
“The institution has rightly stated that all its actions were informed and conforms with the statutory requirements set forth in the Nnamdi Azikiwe University Act, Cap 139 (as amended), LFN 2004”
“The Registrar who doubles as the Secretary to the Council had replied that the actions of the Council were in total conformity with the provisions of Section 6 (a) of the Nnamdi Azikiwe Standing Orders of the Governing Council which stipulates that the quorum requirements which mandates the presence of five members, including at least one of the following: The Vice-Chancellor or his Deputy, one appointee of the Visitor and one appointee of the Senate”
“It’s a special body that has been legally granted the authority to oversee the university’s operations, including making key decisions about policies, finances, and appointments—such as choosing a vice-chancellor (VC). This council is designed to function independently, separate from direct control by outside bodies, including the Federal Ministry of Education.
“We must understand that under our existing law, the University Council is established to make decisions in the best interest of the University without external interference. Therefore, the Universities (Miscellaneous Provisions) (Amendment) Act 2003, also known as the Universities Autonomy Act No. 1, 2007, asserts this autonomy by stating that the council’s powers shall be exercised as provided in the law and statutes of each university, and that establishment circulars inconsistent with these laws shall not apply to the universities.
“The council works within a structure of university laws and rules that guide its decisions. It is therefore safe to conclude that the relationship between the University’s Governing Council and the Ministry of Education is structured by law to be respectful, yet separate.
“Therefore, when the Council reaches a decision, such as appointing a new Vice-Chancellor (VC), (as it has done in the instant case of UNIZIK), it communicates this decision to the Ministry as a form of official notice. This is a requirement for transparency and coordination, not for approval or control”
“In this way, the council is maintaining its role as an autonomous governing body—a body that can make its own decisions free from outside orders. This legal separation is important for a number of reasons. First, it allows the university to make choices based on what’s best for its students, staff, and academic goals.
“As a matter of fact, the Nigerian law recognizes university councils as autonomous bodies with the right to govern their institutions independently. While the Federal Ministry of Education has a general role in supporting and guiding the education sector, it does not have authority over specific university decisions or appointments. This structure is designed to protect universities and ensure they are managed by those closest to their academic mission” he stated.
“By respecting these boundaries, Nigerian universities can operate effectively, making choices that best serve their communities, while also upholding national educational standards. This balance of autonomy and oversight is crucial to a healthy and forward-looking educational system in Nigeria and that is exactly the broader goal and objectives pursued by the Council in the case of Nnamdi Azikiwe University, Awka” he stated.
