The University of Lagos (UNILAG)
is currently in the news over the controversial removal of Oluwatoyin Ogundipe,
the institution’s vice-chancellor.
The meeting, which was presided
over by Wale Babalakin, pro-chancellor and chairman of the council, had 11 out
of the 12 council members in attendance, majority of whom voted for Ogundipe’s
removal.
The vice-chancellor was removed amid allegations of financial impropriety and gross misconduct.
After the announcement was made,
several developments occurred with some representatives of the institution condemning the act.
Bola Oboh, a senate
representative at the UNILAG governing council, said the vice-chancellor’s
removal was against the institution’s regulation, adding that the council
removed Ogundipe without giving him the opportunity to defend himself.
Oboh also accused Babalakin of
turning deaf ears to requests for compliance with due process in the removal of
the VC.
Ogundipe had also countered the removal, saying he remains the institution’s vice-chancellor.
WHAT THE LAW SAYS
Section 3 of the Universities Act 2003 (as amended) makes provisions for the process leading to the removal of a
vice-chancellor, which shall be done following the constitution of a committee
made up of members of the senate and the governing council.
“When the proposal for the
removal of the Vice-Chancellor is made, the Council shall constitute a joint
committee of Council and Senate consisting of- (i) three members of the Council
one of whom shall be the Chairman of the
committee, and (ii) two members
of the Senate, provided that where the ground for removal is infirmity of the
body or mind, the Council shall seek appropriate medical opinion,” the act
reads.
While Section 3(10) holds that
“the Committee shall conduct investigation into the allegations made against
the Vice-Chancellor and shall report its findings to the Council,” subsection
11 states that “the Council may where the allegations are proved remove the
Vice-Chancellor or apply any other disciplinary action it may deem fit and
notify the Visitor accordingly provided that a Vice-Chancellor who is removed
shall have right of appeal to the Visitor.”
Meanwhile, according to Section 17 of the University of Lagos Act (1967), the removal of a vice-chancellor —
who is also a member of the governing council of the university — will be based
on a recommendation by the council.
“If it appears to the Council
that a member of the Council (other than an ex officio member) should be
removed from office on the grounds of misconduct or of inability to perform the
function of his office, the Council shall make a recommendation to that effect
through the Chancellor to the visitor, and if the Visitor, after making such
enquiries (if any) as he considers appropriate, approves the recommendation he
may, by an instrument in writing signed by him, remove the person in question
from office,” Section 17(1) of the act reads.
In a published paper on the
appointment and removal of a vice-chancellor under the Nigerian law, Ehi Oshio,
a professor of law at the University of Benin, highlighted the process of
removing a VC in accordance with the law.
He also quoted section 3 (8)-(11)
of the universities autonomy act, 2003, which details the relevant provision of
the law on the subject.
Oshio referred to the
universities autonomy act as the principal act, saying it empowers the
governing council to remove the vice-chancellor from office — after due process
— on grounds of gross misconduct or inability to discharge the functions of his
office as a result of infirmity of body or mind.
He added that the VC is also
entitled to fair hearing, as well as the option of appealing such removal.
“Section 3(8)-(11) of the
Principal Act as amended, vests in the Governing Council power to remove the
Vice-Chancellor from office on grounds of gross misconduct or inability to
discharge the functions of his office as a result of infirmity of body or mind
after due process,” Oshio’s article reads.
“It also specifies the procedure
for the removal of the Vice-Chancellor to ensure fair-hearing in the process.
Upon receipt of a proposal for the removal at the initiative of the Council,
Senate or the Congregation, the Council shall constitute a Joint Committee of
Council and Senate to investigate the allegations made against the
Vice-Chancellor and to report its findings to the Council.
“Where the allegations are
proved, the Council may remove the Vice-Chancellor or apply any other
disciplinary action as it deems fit and
notify the Visitor accordingly. However, the Vice-Chancellor who is removed has
a right of appeal to the Visitor.”
Therefore, Ogundipe’s removal
must meet the above conditions, as a contrary line of action will be against
the provisions of the law.
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