By Rotimi Ogunedo
Monumental crisis is looming in Nnamdi Azikiwe University (NAU), Awka following reports of plans to impose a preferred candidate of the outgoing Vice Chancellor, Professor Charles Esimone, as Acting Vice Chancellor.
There are apprehension within the university (popularly called UNIZIK) community Professor Esimone, the outgoing VC, has concluded plans to illegally announce Professor Joseph Ifeanyichukwu Ikechebelu as Acting Vice Chancellor using the Senate meeting scheduled for the 22nd of May, 2024 as the instrument to perpetuate such Illegality.
According to a senior Professor who opted for anonymity, news had reached the university community that Esimone had concluded plans to install Ikechebelu illegally wherein a part of the agenda which is the election of an “Acting Vice Chancellor would be surreptitiously smuggled in contrary to the laws of the university which holds that any item not listed in the proposed agenda of a Senate meeting cannot be discussed.”
This, he said, had infuriated lecturers who were bothered at the level of desperation exhibited by Professor Esimone who had prior to the exposing of such a plot had fervently denied such a plan, causing such lecturers to rally together in protest against such a satanic Imposition which was bound to pull the university into a series of crises which could hamper the progress of the university.
“The appointment of an Acting Vice Chancellor is the job of a Governing Council and in it’s absence the job of the President via the Minister of Education. Why is Esimone desperate to foist his choice for VC as an Acting Vice Chancellor? Why must he smuggle such an obnoxious agenda on an academic community such as ours which ought to demonstrate to the world a rugged knack for due process? Why the desperation?
“Let me assure the university’s publics and stakeholders that lecturers within the community will surely resist such an attempt we are already mobilizing. This is not about Professor Esimone or his preferred candidate for VC , but about doing the right thing.”
Reports also suggest that the Academic Staff Union of Universities (ASUU), UNIZIK chapter has begun mobilising it’s members for a showdown with the VC on the same issue.
However efforts to reach its Chairman proved abortive as calls and messages sent tovhis phone were not responded to.
It will be recalled that in an earlier release, Esimone had assured Nigerians and the University community that he had no plans nor powers to appoint or elect an Acting VC as such powers reside with the President through the Minister of Education.
According to a source: “In the absence of a Governing Council for any Federal University, the President (as the Visitor) acting through the Minister of Education exercises the powers of the Governing Council.
“Granted that the Universities Miscellaneous Provisions (Amendment) Act 2012 has granted autonomy to the Federal Universities by transferring the powers and functions of the President as Visitor of these Federal Universities, to the Governing Council. The only power the Universities Miscellaneous Provisions (Amendment) Act 2012 retained for the President is the power of the visitor and visitation.
“However, it should be noted that the Universities Miscellaneous Provisions (Amendment) Act 2012 did not repeal the provisions of the enabling Acts creating each of these Federal Universities and providing for the functions of the President as the visitor of these Federal Universities.
“Consequently, where there is no Governing Council for any of these Federal Universities, the exercise of the powers of the Governing Council will be in abeyance and pursuant to the enabling Act creating any of these Universities, the President (as the Visitor) acting through the Minister of Education will exercise those powers he has under the enabling Act creating any of these Universities; which the Universities Miscellaneous Provisions (Amendment) Act 2012 transferred to the Governing Council as part of ensuring the autonomy of Universities.
“Consequently, and as it is the case at the Nnamdi Azikiwe University (NAU) presently, there is no Governing Council to exercise the power of appointment of an acting VC pursuant to section 5 (13) of the Universities Miscellaneous Provisions (Amendment) Act 2012, which means that those powers of the Governing Council is in abeyance.
“To this effect, the provisions of NAU Act 1992 on the powers of the President to appoint VC is activated, as same has not been repealed. Thus, the President (as the Visitor) acting through the Minister of Education can and may appoint an acting VC pursuant to his powers of appointment of a VC under section 3 (c) of NAU Act 1992 and Paragraph 4 of the First Schedule to the NAU Act 1992.
“It is only when the President (as the Visitor) acting through the Minister of Education fails to appoint an acting VC that the provision of Paragraph 5 (4) of the First Schedule to NAU Act 1992 which empowers the DVC to act when the post of the VC is vacant and if for any reason the VC is absent or unable to act, can be recoursed to.”