The attention of the authorities of the University of Benin has been drawn to page 13 of the Guardian Newspapers of Monday, 11th August 2014, and Vanguard Newspapers of 13th August. Contained therein on are write – ups to the effect that the absence of the Vice Chancellor of the University of Benin is now a source of anxiety to members of staff of the University. It speculates further that the absence is hampering the day-to-day running of the University.
It must be stated categorically that there is no element of truth whatsoever in the said write-up neither can it bear any examination in the light of reality. Indeed, it is a figment of the imagination of the author and persons to whom the author stands proxy.
Ordinarily, the authorities of University of Benin would have considered it wholly irrelevant to react to this malicious write-up which strives, not only to incite the reading public but also serves the interest of a disgruntled few.
Nonetheless, the ever increasing readership of these time-honoured newspapers is entitled to be fed with the State of facts as they currently exist in the University since the Guardian and Vanguard Newspapers failed to investigate the true state of affairs in the University.
The incumbent Vice Chancellor of UNIBEN has been away overseas for medical check-up and he is expected to resume fully any time now. In his absence, the Deputy Vice Chancellor (Administration) and the Deputy Vice Chancellor (Academic) have, at different times before August 5th 2014, performed the functions of the Vice Chancellor after due consultation with the Vice Chancellor as necessary. They have neither left the management nor the Governing Council in doubt as to their ability to steer the affairs of the University to the full satisfaction of both staff and students.
The appointment of the incumbent Vice Chancellor, like others before him, is for a fixed term of 5 years which terminates on 30th November, 2014. Section 4 of the Universities (Miscellaneous Provisions) Act 1993 as amended by the Universities (Miscellaneous Provisions) (Amendment) Act 2007, clearly specifies that the Vice Chancellor shall, during his one term of 5 years, have Deputy Vice Chancellors to work with him in view of the enormous task associated with the office. The said statute specifies that a Deputy Vice Chancellor shall be elected by the Senate of the University for a term of two (2) years in the first instance and can be re-elected for another two years during the tenure of a Vice Chancellor. Any such election shall be approved by the Governing Council. This is precisely what has happened.
Between 4th August 2010 and 5th August 2014, the two terms of 4 years had come and gone in respect of the Deputy Vice Chancellors. Consequently, it became necessary for the incumbent Vice Chancellor, to enlist the co-operation of the Senate of University of Benin in his desire to appoint two (2) Ag. Deputy Vice Chancellors (Administration and Academic) to assist him up till the point of final dis-engagement on November 30th 2014 ( a period of almost 4 months).
Furthermore, regulations, practice and precedents support the appointment of Ag. Deputy Vice Chancellor by an incumbent Vice Chancellor whose term would normally end several months after the expiration of the terms of the Deputies he presented to Senate for appointment following his assumption of duty. This is to prevent his successor inheriting two substantive Deputy Vice Chancellors who have been duly appointed by Senate for a 2 year term following prescribed elections.
The two most recent precedents are as follows:-
(i) Senate at its 208th regular meeting of 31st July 2008 approved the re-appointment of the two sitting Deputy Vice Chancellors in acting capacity with effect from 4th August 2008 (the expiration date of their tenures) until the Vice Chancellor's tenure expired on 10th February 2009.
(ii) Senate at its special meeting of 21st August 2003 ratified the appointment of two Ag. Deputy Vice Chancellors appointed by the Vice Chancellor to serve out the remainder of his tenure with him i.e. from 21stAugust 2003 to 10th February 2004.
From the above it is clear that the Senate of the University which is vested with the responsibility of appointment of Deputy Vice Chancellors, acted in line with regulations at its meeting of 22nd July 2014 when it approved the request of the Vice Chancellor to appoint two Ag. Deputy Vice Chancellors who will serve out the remainder to his tenure (which expires on 30th November 2014) with him.
As to the reference made to a memo which was "unsigned, undated and without name" this is an obvious attempt to discredit a perfectly legitimate process. For the avoidance of doubt all memoranda from the Chairman and Secretary to Senate are simply signed "Vice Chancellor and Chairman of Senate" or "Registrar & Secretary to Senate". The names of the sitting Vice Chancellor or Registrar are never included and all such memos are effective from the date of Senate meeting and approval.
On the issue of the Federal Public Service Rules (2009) cited by the sponsors of the publication, this states as follows: "the maximum aggregate sick leave which can be allowed an officer, who is not hospitalized, during any period of twelve months shall be forty-two (42) calendar days. Where such an officer has been absent from duty on the ground of ill-health for an aggregate period in excess of forty-two (42) calendar days within twelve calendar months, the officer should be made to appear before a Medical Board with a view to its being ascertained whether he/she should be invalidated from service. Any period of absence on ground of ill-health in excess of the prescribed aggregate will be without pay and will not be reckoned for purpose of increment for pension".
First of all, this rule does not apply to the situation of the Vice Chancellor who was actually hospitalized. Secondly, the extant regulations of the University of Benin, provides for a staff to be on sick leave for a total of 6 months in any one year before invalidation from service becomes an issue.
In brandishing extraneous Section 070316 of the Rules of Practical convenience, the authors of the write-up at issue – failed to avert their minds to Sections 2AA & 2AAA of the Universities (Miscellaneous Provisions) (Amendment) Act 2007, which says;
2AA - The power of the Council shall be exercised, as in the Law 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.
2AAA - (1) The Governing Council of a University shall be free in the discharge of its functions and exercise of its responsibilities for the good management, growth and development of the University.
It is true that the Governing Council of the University met on Monday 21st July 2014, but its agenda at that meeting was to select the Chairman of the Search Team for the appointment of a Vice Chancellor. The mandate of the council at that meeting was not to appoint an Ag. Vice Chancellor since the position was not vacant.
Finally since the Vice Chancellor left for medical treatment aboard on 8th May 2014 ( barely 3 months ago) lectures have continued uninterrupted in the Faculties/Schools/Institutes, as confirmed by the successful conclusion of the Senate approved academic Calendar for the 1st semester of the 2013/2014 session, on 26th July 2014. The Students have just returned from a two week break and 2ndsemester lectures accordingly commenced on Monday 11th August 2014. Other activities carried out in the University include matriculation of fresh students on 13th June 2014; Approval of results of students by the Senate of the University at its meetings 12th May 2014, 11th June 2014 and 30thJune 2014; election of new student Union Executive on June 5th & 27th 2014, mobilization of graduating students for National Youth Service Corps
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