THE UNIVERSITIES
(MISCELLANEOUS PROVISIONS)
(AMENDMENT) ACT
2003
EXPLANATORY MEMORANDUM
This Act provides for
the amendment of the Universities (Miscellaneous Provisions) Act No 11 1993 and
makes new provisions, among other things, for the autonomy, management and
re-organization of the Universities in Nigeria.
THE UNIVERSITIES
(MISCELLANEOUS PROVISIONS)
(AMENDMENT) ACT
2003
ARRANGEMENT OF
SECTIONS
SECTION:
1.
Amendment of No 11 of 1993
2.
Amendment of section 2
3. Insertion
of new sections 2A, 2AA and 2AAA
4. Amendment
of section 3
5. Insertion
of subsections (9) - (14)
6. Amendment
of section 4
7. Insertion
of sections 7A, 7AA and 7AAA
8. Citation.
THE UNIVERSITIES
(MISCELLANEOUS PROVISIONS)
(AMENDMENT) ACT
2003
A
BILL
FOR
AN ACT TO AMEND
THE UNIVERSITIES (MISCELLANEOUS PROVISIONS) ACT NO 11 OF 1993 AND PROVIDE FOR
THE AUTONOMY OF UNIVERSITIES; AND OTHER RELATED MATTERS.
[ ]
Commencement
ENACTED by the National Assembly of the Federal Republic of
Nigeria-
Amendment of 1. The
Universities (Miscellaneous Provisions) Act 1993 (in this Act
No 11 of
referred to as "the Principal Act") as amended is further
amended
1993
as set out in this Act.
Amendment of
2. Substitute section 2 of the Principal Act for a new
section
Section 2
"Composition 2 (1)
There shall be a council for each of the Universities
of
the Council 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 National
Council of Ministers;
(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 Convocation from
among its
members.
proven integrity, knowledgeable and familiar with the
affairs and tradition of the University”.
Insertion of
3. Insert immediately after section 2 of the Principal Act
sections-
new sections 2A
2AA and 2AAA
"Tenure
of 2A.
The Council so constituted shall have a tenure of four years
Council 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.
Powers of 2AA.
The powers of the Council shall be exercised, as in the Law
the
Council and Statutes of each University and to that extent establishment
circulars that are inconsistent with the Laws and Statutes of the University
shall not apply to the Universities.
Independence
2AAA. (1) The Governing Council of a
university shall be
of
the Council free in the discharge of its functions and exercise of
its
in
exercise of responsibilities
for the good management, growth and development
its
functions of the
university.
(2) The Council of a
university in the discharge of its
functions shall ensure that disbursement of funds of the
University complies with the approved budgetary, ratio
for-
(a) personnel cost:
(b) overhead cost;
(c) research and development;
(d) library developments; and
(e) the balance in expenditure between
academic vis-à-vis non academic activities".
. Amendment of 4.Section 3 of the Principal Act is amended as
follows-
section
3
(a) in sub-section (I) by substituting for the
words-
“who
shall be appointed by the President, Commander-in-Chief of the Armed
Forces”,
appearing in lines 2 and 3 the following
words-
"who
shall be appointed by the Governing Council”
(b)
in subsection (4) by substituting for the words-
"The
Council shall select one candidate from among the three candidates recommended
to it under subsection (3) of this section and forward his name to the
President, Commander-in-Chief of the .Armed Forces,"
the
following words-
``The Council shall select and appoint as the
Vice-Chancellor one candidate from among the three candidates recommended to it
under subsection (3) of this section and thereafter inform the Visitor,’’
(c)
in subsection (8) by substituting for the words-
"The
Vice-Chancellor may be removed from office by the Visitor after due consultation
with the Council and the Senate acting through the Minister of Education," with
the following words-
"The
Vice-Chancellor may be removed from office by the Governing Council on grounds
of gross misconduct or inability to discharge the functions of his office as a
result of infirmity of the body or mind, at the initiative of the Council,
Senate or the Congregation after due process".
Insertion of 5. Insert
the following subsections immediately after the existing Subsection (9)-(14) section
3 (8) of the Principal Act-
"(9)
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.
(10)
The Committee shall conduct investigation into the allegations made against the
Vice-Chancellor and shall report its findings to the
Council.
(11) 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.
(12)
There shall be no sole administration in any Nigerian
University.
(13)
In any case of a vacancy in the office of the Vice- Chancellor, the Council
shall appoint an acting Vice- Chancellor on recommendation of the
Senate.
(14)
An acting Vice-Chancellor in all circumstances shall not be in office for more
than 6 months".
Amendment of
6. Section 4 of the Principal Act is amended by inserting
the following section
4 subsections -
"(6)
A Deputy Vice-Chancellor may be removed from office for good cause by the
Council acting on the recommendations of the Vice-Chancellor and
Senate;
(7)
"Good cause" for the purpose of this section means gross misconduct or inability
to discharge the functions of his office arising from infirmity of body or
mind".
Insertion of section
7. Insert immediately
after section 6 (5) (c) of the Principal Act, the
7A, 7AA and &AAA following
sections-
"Composition 7A (1)
There shall be a senate for each of the
and
powers Universities consisting of-
of a
University (a) the Vice-Chancellor;
Senate
(b) the Deputy Vice-Chancellor;
(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 each
University.
(2)
The Senate shall have powers in all academic matters including the organization
and control of -
(a)
teaching and research;
(b)
admission of students;
(c)
award of degrees including Honoris Causa, Certificates and
Diplomas;
(d)
promotion of research; and
(f) the exercise of other
functions in accordance
with the Laws and Statutes
of its University.
Visitor and
visitation 7
AA (1) There shall be a visitor for each of the
Universities.
(2)
The Visitor shall cause a visitation to each University when necessary at least
every five years.
(3)
The Visitor shall make the report of such visitations and white paper thereon
available to the Council which shall implement same.
Students
7AAA.
Students shall -
Participation
(a) be represented in the University's Students Welfare Board and other
committees that deal with the affairs of students;
(b)
participate in various aspects of curriculum development;
(c)
participate in tile process of assessing academics
staff in respect of teaching; and
(d)
be encouraged to be more self-assured as part of the national development
process’’.
Citation.
8.
This Act may be
cited as the Universities (Miscellaneous Provisions) (Amendment) Act,
2003.
I CERTIFY, IN ACCORDANCE
WITH SECTON 2(1) OF THE ACTS AUTHENTICATION ACT, CAP. 4, LAWS OF THE FEDERATION
OF NIGERIA 1990, THAT THIS IS A TRUE COPY OF THE BILL PASSED BY BOTH HOUSES OF
THE NATIONAL ASSEMBLY.
IBRAHIM
SALIM, CON
CLERK TO THE NATIONAL ASSEMBLY
3rd DAY OF JULY, 2003
SCHEDULE TO THE
UNIVERSITIES (MISCELLANEOUS PROVISIONS) (AMENDMENT) BILL,
2003
|
(1) SHORT
TITLE OF THE BILL |
(2) LONG TITLE OF THE BILL |
(3) SUMMARY OF THE CONTENTS OF THE
BILL |
(4) DATE PASSED BY SENATE |
(5)DATE PASSED BY HOUSE OF
REPRESENTATIVES |
|
The Universities
(Miscellaneous Provisions) (Amendment) Bill
2003. |
An Act to amend
the Universities (Miscellaneous Provisions) Act No 11 of 1993 and provide
for the autonomy of Universities; and other related
matters |
This Bill seeks to
amend the Universities (Miscellaneous Provisions) Act No 11 of 1993 and
make new provisions, among other things, for the autonomy, management and
re-organization of the Universities in
Nigeria. |
28th
May, 2002 |
2nd
June, 2003 |
I
certify that this Bill has been carefully compared by me with the decision
reached by the National Assembly and found by me to be true and correct decision
of the Houses and is in accordance with the provisions of the Acts
Authentication Act Cap. 4, Laws of the Federation of Nigeria
1990.
