18/01/2025
CLARIFICATION ON ALLEGED VIOLATION OF UNIVERSITY LAWS: SETTING THE RECORD STRAIGHT
Preamble
This public statement serves as a response to the written letter and press conference issued by the Academic Staff Union of Universities (ASUU), Gombe State University (GSU) Chapter, dated December 16, 2024, and January 14, 2025, respectively. Both communications were signed by the Union’s Chairperson and Secretary. In these correspondences, the Union raised several allegations concerning violations of the Gombe State University Law, specifically regarding the appointment of the Acting Vice-Chancellor.
It may have initially seemed unnecessary to respond, but the inaccuracies, misconceptions, and misrepresentations in their submissions risk creating an unfair perception of the university staff as complicit in this unfortunate situation. This rejoinder aims to clarify the facts, correct any misconceptions, and uphold the dignity and purpose of what should remain a constructive and scholarly Union.
The Issues Raised by ASUU, GSU Chapter Juxtaposed the Truth
1. To begin with, the law establishing Gombe State University is correctly cited as the Gombe State University Law, 2004 (as amended), not “2018 (as amended),” as erroneously referenced by the ASUU, GSU Chapter. In the letter dated 16th December 2024, signed by the ASUU Chairperson and Secretary, and titled “Appointment of Vice-Chancellor in Gombe State University: A Call to Continue to Uphold the University Laws,” it becomes evident from the very first paragraph that; the claims presented to the University Visitor lack legal foundation. The law cited by ASUU GSU in their argument does not exist, thereby rendering their letter devoid of merit and unworthy of serious consideration.
2. Again, ASUU, GSU chapter, has expressed concern over what they term as “the continuous retention of an Acting Vice-Chancellor in the University," emphasizing that the institution's laws make no provision for such a position. ASUU GSU further stated, "This action portrays the University to the world as an academic institution that fails to uphold the provisions of the law in its affairs." In addition, ASUU issued a cautionary statement, asserting that "decisions made by critical organs of the University, such as the Senate, under the chairmanship of the Acting Vice-Chancellor, may be nullified by a court of law if challenged by any party affected by such decisions." This statement is unfortunate, particularly given its source from an assumed intellectual union.
Please ASUU, I wish to let you know that, Paragraph 6 of the First Schedule of the said Law provides, thus:
(6) Subject to the provision of this paragraph, the Vice-Chancellor shall be appointed by the Governor from a list of three nominees submitted to him by the Council. SUBSEQUENT Vice-Chancellors shall be appointed or removed by the Governor upon recommendation of the Council.”
Based on the above:
i. The law clearly stipulates that "subsequent Vice-Chancellors shall be appointed or removed by the Governor upon the recommendation of the Council." For subsequent Vice-Chancellors, the provision for submitting three nominees to the Visitor does not apply. The requirement for three nominations was specific to the appointment of the pioneer Vice-Chancellor. Therefore, for all subsequent appointments, there is no legal obligation for the Council to present a list of three candidates to the Visitor.
ii. The appointment of an acting Vice-Chancellor does not constitute a violation of any statutory provision. While it is accurate that the law does not explicitly reference the position of an acting Vice-Chancellor, it is equally pertinent to note that the law does not prohibit such an appointment. Consequently, the absence of express provision neither negates the legitimacy of the appointment nor renders it unlawful."
3. On the appointment of an acting Vice-Chancellor, the tenure of the former Vice-Chancellor had come to an end and a new one has not been appointed yet. Nature and leadership abhors vacuum as such the office can’t be left unoccupied and unattended hence, the appointment of an acting Vice-Chancellor.
4. On the issue of the expiration of the tenure of the current Council, there is absolutely no cause for any alarm as governance is always a continuum. A new Council will naturally continue where the old one stopped. There is no illegality or abnormality in a new Council continuing from where the old one stopped in the process of the appointment of a substantive Vice-Chancellor of Gombe State University.
It is important at this point to let the University community know that; every staff, individuals, unit and section of the University, including of course ASUU, may choose to disagree with the interpretation of any of the laws, and I recommend that ASUU should do so because it appears, the Union is being led and managed by small group of individuals (cabals) without sufficient consideration for the general congress or consultation with their members, particularly those from the Faculty of Law.
In the event that ASUU GSU Chapter chooses to differ or disagree on any interpretations of the law:
Section 16, Subsections (1) and (2) of the Gombe State University Law 2004 (as amended) provide as follows:
(1) "In the event of any doubt or dispute arising at any time as to the interpretation of any provision of a statute, the matter may be referred to the Visitor, who shall take such advice and make such decisions thereon AS HE DEEMS FIT."
(2) "The decision of the Visitor on any matter referred to him under this section shall be binding on the authorities, staff, and students of the University. Furthermore, where any question regarding the interpretation of a provision of a statute has been decided by the Visitor under this section, no court in Nigeria shall entertain any further question as to the interpretation of that provision."
In simpler terms, where ASUU finds itself at odds with the interpretation of any statute or provision, it must refrain from unilaterally determining the legality or otherwise of such laws. The mandate to interpret and resolve disputes regarding the statutes lies exclusively with the Visitor, as explicitly provided by law.
By circumventing this lawful process, ASUU risks acting in contravention of the statute, thereby undermining the very framework it hypocritically seeks to protect. It is, therefore, incumbent upon ASUU to respect and adhere to the mechanisms established by the University Law for addressing such matters.
Conclusions:
The appointment process for the Vice-Chancellor of Gombe State University, as outlined in the institution's enabling law, is primarily guided by tradition and legal provisions. Paragraph 6 of the governing law grants the Visitor (Governor) the authority to appoint or remove a Vice-Chancellor upon the Council’s recommendation. Notably, there is no provision mandating the submission of a list of three candidates for subsequent Vice-Chancellors beyond the pioneer appointment. Moreover, the law does not compel the Visitor to accept the Council's recommendations if unsatisfied, thus allowing the Governor the discretion to reject such recommendations.
Concerns over the expiration of the current Council’s tenure are unwarranted, as governance remains a continuum, ensuring uninterrupted administrative processes. Any attempt to influence or dictate the Visitor’s exercise of his lawful prerogatives in the selection process undermines the autonomy granted by the Gombe State University Law 2004 (as amended). Such actions could constitute a breach of legality and a disservice to the institution’s integrity.
In exercising his discretion, the Visitor declined to approve the three names submitted for consideration, citing overriding security concerns. It is essential to emphasize that the Nigerian Constitution supersedes all other laws within the country. The Constitution empowers the Governor to act in cases involving security, prioritizing the institution's stability and broader societal interests. The Visitor's decision is thus not only lawful but also crucial in maintaining peace and ensuring the institution's sustainable growth.
Thank you,
God bless Governor Muhammed Inuwa Yahaya, God bless Gombe State University.
Anonymous
