(2023)
SECTION 1
(1) There is established the Federal University of Medicine and Medical Sciences, Abeokuta, Ogun State (in this Act referred to as “the University”).
(2) The University-
(a) shall be a body corporate;
(b) may sue and be sued in its corporate name; and
(c) shall have perpetual succession and a common seal.
Establishment of the Federal University of Medicine and Medical Sciences
SECTION 2
(1) The objects and purposes of the University are to-
(a) encourage the advancement of learning and to hold out to all persons without distinction of race, creed, sex or political conviction, the opportunity of acquiring a higher education in medicine and other health sciences;
(b) develop and offer academic and professional programmes leading to the award of diplomas, first degrees, postgraduate research and higher degrees with emphasis on planning, adaptive, technical, maintenance, developmental and productive skills in the field of medicine, biomedical engineering, scientific, and allied professional disciplines relating to health resources with the aim of producing socially mature persons with capacity not only to understand, use and adapt existing technologies in the medical sector, but also to improve on those disciplines and develop new ones, and to contribute to the scientific transformation of medical and other health practices in Nigeria;
(c) act as agents and catalysts, through postgraduate training, research and innovation for the effective and economic utilisation, exploitation and conservation of Nigeria’s natural, economic and human resources;
(d) offer to the general population, as a form of public service, the results of training and research in medicine and allied disciplines and to foster the practical application of those results;
(e) establish appropriate relationships with other national institutions involved in training, research and development of health care;
(f) identify the health problems and needs of Nigeria and to find solutions to them within the context of overall national development;
(g) provide and promote sound basic scientific training as a foundation for the development of medicine and allied disciplines, taking into account indigenous culture, the need to enhance national unity, the need to vastly increase the practical content of student training, and adequate preparation of graduates for self-employment in medicine and allied professions;
(h) promote and emphasise teaching, research and extension of health knowledge, including health extension services and outreach programmes, in-service training, continuing education, and adaptive research;
(i) offer academic programmes in relation to the training of manpower for medicine and allied profession in Nigeria;
(j) organise research relevant to training of manpower and health technology;
(k) organise extension services and outreach programmes for technology transfer;
(l) establish institutional linkages in order to foster collaboration and integration of training, research, and extension activities; and
(m) undertake any other activity appropriate for a university of health sciences.
(2) The University has the mandate to-
(a) teach and train high calibre health-care professionals;
(b) provide healthcare services and consultancy;
(c) conduct research and participate in extension, outreach and community services;
(d) operate various schools and specialties that offer exemplary training and quality research in health care;
(e) facilitate the acquisition of knowledge and skills in different specialties for effective and efficient management of health care;
(f) provide solution to the lack and the inequitable distribution of health professionals serving rural communities;
(g) train clinically, competent and socially conscious health workers who will stay and serve in depressed communities especially in the rural areas of Nigeria;
(h) develop a training model for the training of community oriented health workers that could be replicated in other areas of Nigeria;
(i) facilitate collaboration and enhancement of medical sciences research and education endeavours;
(j) advance the national and international reputation as the premier university for medical sciences education and research in Nigeria;
(k) advise and report regularly to the Federal Ministry of Education on all matters relevant to the medical sciences and its education and research programmes;
(l) work collectively on common medical academic programmes and their implementation;
(m) provide management support for education and research across the medical sector;
(n) promote inter-professional education across all medical professional programmes and optimise the resources to do so; and
(o) ensure that the medical sector is adequately and appropriately represented at all levels of University governance.
Objects and purposes of the University
SECTION 3
(1) The University shall consist of-
(a) Chancellor;
(b) Pro-Chancellor and a Council;
(c) Vice-Chancellor and a Senate;
(d) Deputy Vice-Chancellors;
(e) Congregation;
(f) Convocation;
(g) campuses and colleges of the University;
(h) schools, institutes and other teaching and research units;
(i) persons holding the offices constituted under the First Schedule to this Act other than those mentioned in paragraph (a) to (d); [First Schedule]
(j) all graduates and undergraduates of the University; and
(k) all other persons who are members of the University in accordance with provisions made by statute in that behalf.
(2) The First Schedule to this Act shall have effect with respect to the principal officers of the University mentioned in it. [First Schedule]
(3) Subject to section 7 of this Act, provision shall be made by statute with respect to the constitution of the Council, Senate, Congregation and Convocation.
Composition of the University
SECTION 4
(1) In carrying out its objects as specified in section 2 of this Act, the University has powers to-
(a) establish such campuses, colleges, institutes, schools, extramural departments and other teaching and research units within the University as it may deem necessary, subject to the approval of the Federal Ministry of Education;
(b) institute professorships, readerships or associate professorships, and other posts and offices and make appointments;
(c) institute and award fellowships, scholarships, exhibitions, bursaries, medals, prizes and other titles, distinctions, awards and other forms of assistance;
(d) provide for the discipline and welfare of members of the University;
(e) hold examinations and grant degrees, diplomas, certificates and other distinctions to persons who have pursued a course of study approved by the University and have satisfied such other requirements as the University may lay down;
(f) grant honorary degrees, fellowships or academic titles;
(g) demand and receive from any student or any other person attending the University for the purpose of instruction such fees as the University may determine subject to the overall directives of the Minister;
(h) subject to section 23 of this Act, acquire, hold, grant, charge or otherwise deal with or dispose of movable and immovable property wherever situate;
(i) accept gifts, legacies and donations, but without obligation to accept the same for a particular purpose unless it approves the terms and conditions attaching to it;
(j) enter into contracts, establish trusts, act as trustee, solely or jointly with any other person, and employ and act through agents;
(k) erect, provide, equip and maintain libraries, laboratories; lecture halls, halls of residence, refectories, sports grounds, playing fields and other buildings or things necessary, suitable or convenient for any of the objects of the University;
(l) hold public lectures;
(m) print, publish and sell books;
(n) subject to any limitation on conditions imposed by statute, invest any money appertaining to the University by way of endowment, not being immediately required for current expenditure, in any investment or security or the purchase or improvement of land, with power to vary any such investment and to deposit any money for the time being not invested with any bank on deposit or current account;
(o) borrow, whether on interest or not if need be upon the security of any or all of the property of the University (movable or immovable) such money as the Council may, in its discretion deem necessary or expedient to borrow or guarantee any loan, advances or credit facilities;
(p) do anything which it is authorised or required by this Act or by statute to do; and
(r) do all such acts or things, incidental to the foregoing powers, to advance the objects of the University.
(2) Subject to the provisions of this Act and of the statutes and without prejudice to section 9 (2) of this Act, the powers conferred on the University by subsection (1) shall be exercisable on behalf of the University by the Council or by the Senate or in any other manner, which may be authorised by statute.
(3) The power of the University to establish further campuses and colleges within the University shall be exercisable by statute and not otherwise.
Powers of the University and their exercise
SECTION 5
(1) The Chancellor shall, in relation to the University, take precedence before all other members of the University and when he is present shall preside at all meetings of Convocation held for conferring degrees.
(2) Every proposal to confer an honorary degree shall be subject to the confirmation of the Chancellor.
(3) The Chancellor shall exercise such other powers and discharge such other duties as may be conferred or imposed on him by this Act or the Statutes.
Functions of the Chancellor
SECTION 6
(1) The Pro-Chancellor shall, in relation to the University, take precedence before all other members of the University, except the Chancellor and except the Vice- Chancellor when acting as Chairman of Congregation or Convocation and the Pro- Chancellor shall, when he is present, be the Chairman at all meetings of the Council.
(2) Subject to the provisions of this Act, the Pro-Chancellor shall hold office for a term of five years beginning from the date of his appointment.
Functions of the Pro- Chancellor
SECTION 7
(1) There is established for the University a Governing Council (in this Act referred to as “the Council”).
(2) The Council shall consist of-
(a) the Pro-Chancellor;
(b) the Vice-Chancellor;
(c) the Deputy Vice-Chancellors;
(d) one person from the Ministry of Education;
(e) nine persons representing a variety of interests and broadly representative of the whole Federation to be appointed by the President;
(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.
Establishment, composition, tenure and powers of the Council
SECTION 8
(1) Subject to the provisions of this Act relating to the Visitor, the Council is-
(a) the governing body of the University; and
(b) responsible for the general control and superintendence of the policy, finances and property of the University.
(2) There shall be the Finance and General Purposes Committee which shall, subject to the directions of the Council
(a) exercise control over the property and expenditure of the University; and
(b) perform such other functions of the Council as the Council may delegate to it.
(3) Provision shall be made by statute with respect to the constitution of the Finance and General Purposes Committee.
(4) The Council shall ensure that proper accounts of the University are kept and that the accounts of the University are audited annually by an independent firm of auditors approved by the Council, and that an annual report shall be published by the University together with certified copies of the said accounts as audited.
(5) Subject to this Act and the Statutes, the Council and the Finance and General Purposes Committee may each make rules for regulating their own procedure.
(6) Rules made under subsection (5) by the Finance and General Purposes Committee shall not come into effect unless approved by the Council, and where the rules made by that Committee is in conflict with any directions given by the Council, whether before or after the coming into effect of the rules in question, the direction of the Council shall prevail.
(7) There shall be paid to the members of the Council, the Finance and General Purposes Committee respectively and of any other committee set up by the Council an allowance in respect of travelling and other reasonable expenses, at such rates as may be fixed by the Minister.
(8) The Council shall meet when necessary for the performance of its functions under this Act and shall meet at least three times in every year.
(9) Where requested in writing by any five members of the Council, the Chairman shall within 28 days after the receipt of such request call a meeting of the Council.
(10) Any request made under subsection (9) shall specify the business to be considered at the meeting and a business not so specified shall not be transacted at the meeting.
Functions of the Council and its Finance and General Purposes Committee
SECTION 9
(1) Subject to section 8 of this Act and subsections (3) and (4) of this section and the provisions of this Act relating to the Visitor, the Senate shall organise and control the teaching by the University, the admission of students (where no other enactment provides to the contrary), the discipline of students, and the promotion of research at the University.
(2) Subject to subsection (1), the Senate shall in particular make provisions for-
(a) the establishment and organisation and control of campuses, colleges, schools, institutes and other teaching and research units of the University and allocation of responsibility for different branches of learning;
(b) the organisation and control of courses of study in the University and of the examinations held in conjunction with those courses, including the appointment of examiners, both internal and external;
(c) the award of degrees, and such other qualifications as may be prescribed, in connection with examinations held;
(d) the making of recommendations to the Council with respect to the award to any person of an honorary fellowship or degree or the title of professor emeritus;
(e) the establishment, organisation and control of halls of residence and similar institutions at the University;
(f) the supervision of the welfare of students at the University and the regulation of their conduct;
(g) the granting of fellowships, scholarships, prizes and similar awards in so far as the awards are within the control of the University; and
(h) determining what description of dress shall be academic dress for the purposes of the University, and regulating the use of academic dress.
(3) The Senate shall not establish any new campus, college, school, department, institute or other teaching and research units of the University without the approval of the Council.
(4) Subject to this Act and Statute, the Senate may make regulations for the purpose of exercising any function conferred on it under this section or otherwise or for the purpose of making provisions for any matter for which provision by regulations is authorised or required by this Act or by statute.
(5) Regulations shall provide that at least one of the persons appointed as the examiners at each final or professional examination held in conjunction with any course of study at the University, as may be prescribed by the Senate, is not a teacher at the University but is a teacher of the branch of learning to which the course relates at some other university of high repute or a person engaged in practicing the profession in a reputable organisation or institution.
(6) Subject to a right of appeal to the Council from a decision of the Senate under this subsection, the Senate may deprive any person of any degree, diploma or other award of the University which has been conferred upon him if after due enquiry he is shown to have been guilty of dishonourable or scandalous conduct in gaining admission into the University or obtaining that award.
Functions of the Senate
SECTION 10
(1) The Vice-Chancellor shall, in relation to the University, take precedence before all other members of the University, except the Chancellor, and any other person for the time being acting as chairman of the Council.
(2) Subject to sections 8, 9, and 15 of this Act, the Vice-Chancellor shall have the general function, in addition to any other functions conferred on him by this Act or otherwise, of directing the activities of the University and shall be the chief executive and academic officer of the University and ex-officio chairman of the Senate.
Functions of the Vice- Chancellor
SECTION 11
All property held by or on behalf of the University shall, by virtue of this subsection and without further assurance, vest in the University and be held by it for the purposes of the University.
Transfer of property to the University
SECTION 12
(1) Subject to this Act, the University may make statutes for the purpose of-
(a) making provision with respect to the composition and constitution of any authority of the University;
(b) specifying and regulating the powers and duties of any authority of the University and regulating any other matter connected with the University or any of its authorities;
(c) regulating the admission of students (where no other enactment provides to the contrary), and their discipline and welfare;
(d) determining whether any particular matter is to be treated as an academic or non-academic matter for the purposes of this Act and of any statute, regulation or other instrument made thereunder; and
(e) making provision for any other matter for which provision by statute is authorised or required by this Act.
(2) Subject to section 28 (6) of this Act, the Interpretation Act shall apply in relation to any statute made under this section as it applies to a subsidiary instrument within the meaning of section 13 (1) of that Act.
(3) The statute contained in the Second Schedule to this Act shall be deemed to have come into effect on the commencement of this Act and shall be deemed to have been made under this section by the University. [Second Schedule]
(4) The power to make statutes conferred by this section shall not be prejudiced or limited in any way by reason of the inclusion or omission of any matter in or from the statute contained in the Second Schedule to this Act or any subsequent statute. [Second Schedule]
Powers of the University to make statutes
SECTION 13
(1) The power of the University to make statutes shall be exercised in accordance with the provisions of this section.
(2) A proposed statute shall not become law unless it has been approved at a meeting of the-
(a) Senate, by the votes of not less than two thirds of the members present and voting; and
(b) Council, by the votes of not less than two thirds of the members present and voting.
(3) A proposed statute may originate either in the Senate or in the Council, and may be approved as required by subsection (2) by either one of those bodies before the other.
(4) A statute which makes provision for or alters the composition or constitution of the Council, the Senate or any other authority of the University shall not come into operation unless it has been approved by the Visitor.
(5) For the purposes of section 2 (1) of the Interpretation Act a statute shall be treated as being made on the date on which it is duly approved by the Council after having been approved by the Senate, as the case may be or, in the case of a statute falling within subsection (4), on the date on which it is approved by the Visitor.
(6) In the event of any doubt or dispute arising at any time as to-
(a) the meaning of any provision of a statute; or
(b) whether any matter is for the purpose of this Act an academic matter as they relate to such doubt or dispute, the matter may be referred to the Visitor, who shall take such advice and make such decision therein as he shall think fit.
(7) The decision of the Visitor on any matter referred to him under subsection (6) shall be final and binding upon the authorities, staff and students of the University.
(8) Nothing in subsection (7) shall affect any power of a court of competent jurisdiction to determine whether any provision of a statute is wholly or partially void as being ultra vires or as being inconsistent with the Constitution of the Federal Republic of Nigeria, 1999. [Cap. C23, LFN, 2004]
Mode of exercising power to make statutes
SECTION 14
A statute may be proved in any court by the production of a copy thereto bearing or having affixed to it a certificate purporting to be signed by the Vice Chancellor or the secretary to the Council to the effect that the copy is a true copy of a statute of the University.
Proof of statutes
SECTION 15
(1) The President shall be the Visitor of the University.
(2) The Visitor shall as often as the circumstances may require, not being less than once every five years, conduct a visitation of the University or direct that such a visitation be conducted by such person or persons as the Visitor may deem fit and in respect of any of the affairs of the University.
(3) The bodies and persons comprising the University shall make available to the Visitor and to any other person conducting a visitation under this section, such facilities and assistance as may reasonably required for the purposes of a visitation.
Supervision and discipline
SECTION 16
(1) If it appears to the Council that a member of the Council (other than the Pro- Chancellor or the Vice-Chancellor) should be removed from office on the ground of misconduct or inability to perform the functions of his office or employment, the Council shall make a recommendation to that effect through the Minister to the Visitor after making such enquiry, if any, as may be considered appropriate, and if the Visitor approves the recommendation he may direct the removal of the person in question from office.
(2) The Minister shall use his best endeavour to cause a copy of the instrument embodying a direction under subsection (1) to be served immediately on the person to whom it relates.
Removal of certain members of Council
SECTION 17
(1) If it appears to the Council that there are reasons for believing that any person employed as a member of the academic, administrative or professional staff of the University, other than Vice-Chancellor, should be removed from his office or employment on the ground of misconduct or inability to perform the functions of his office or employment, the Council shall-
(a) give notice of those reasons to the person in question;
(b) afford the person an opportunity of making representations in person on the matter; and
(c) afford the person an opportunity of appearing before and being heard by the investigating committee with respect to the matter.
(2) If the Council, after considering the report of the investigating committee, is satisfied that the person in question should be removed, the Council may so remove him by an instrument in writing signed on the directions of the Council.
(3) The Vice-Chancellor may, in case of misconduct by a member of staff, which in the opinion of the Vice-Chancellor is prejudicial to the interests of the University, suspend such member and any such suspension shall be reported to the Council immediately.
(4) For good cause, any member of staff may be suspended from his duties or his appointment may be terminated by the Council; and for the purposes of this subsection “good cause” means-
(a) conviction for any offence which the Council considers to be such as to render the person concerned unfit for the discharge of the functions of his office;
(b) any physical or mental incapacity which the Council, after obtaining medical advice, considers to be such as to render the person concerned unfit to continue to hold his office;
(c) conduct of a scandalous or other disgraceful nature which the Council considers to be such as to render the person concerned unfit to continue to hold his office;
(d) conduct which the Council considers to be such as to constitute failure or inability of the person concerned to discharge the functions of his office or to comply with terms and conditions of service; or
(e) conduct which the Council considers to be generally of such nature as to render the continued appointment or service of the person concerned prejudicial or detrimental to the interest of the University.
(5) Any person suspended under subsection (3) shall be on half pay and the Council shall before the expiration of a period of three months after the date of such suspension consider the case against that person and come to a decision as whether to –
(a) continue such person’s suspension and if so on what terms (including the proportion. of his emoluments to be paid to him);
(b) re-instate such person in which case the Council shall restore his full emoluments with effect from the date of suspension;
(c) terminate the appointment of the person concerned in which case such person shall not be entitled to the proportion of his emoluments withheld during the period of suspension; or
(d) take such lesser disciplinary action against such person (including the restoration of such proportion of his emoluments as might have been withheld) as the Council may determine.
(6) In any case where the Council, under this section, decides to continue a person’s suspension or decides to take further disciplinary action against a person, the Council shall before the expiration of a period of three months from such decision come to a final determination in respect of the case concerning any such person.
(7) The person by whom an instrument of removal is signed in subsection (2) shall use his best endeavor to cause a copy of the instrument to be served immediately on the person to whom it relates.
(8) Nothing under this section shall –
(a) apply to any directive given by the Visitor in consequence of any visitation; or
(b) prevent the Council from making regulations for the discipline of other categories of workers of the University as may be prescribed.
Removal and discipline of academic, administrative and professional staff
SECTION 18
(1) The Vice-Chancellor or Senate shall constitute an Investigating Panel to determine whether or not a prima facie case has been established against any member of staff.
(2) The Investigating Panel shall include the President or the Chairman of the union to which the staff being investigated belongs.
(3) The Vice-Chancellor shall constitute a Staff Disciplinary Committee, which shall consist of such members of the Senate as he may determine, to consider the report of the Investigating Panel.
(4) The report and recommendation of the Staff Disciplinary Committee shall be forwarded to the Council for consideration and decision.
Procedures for staff discipline
SECTION 19
The Senate shall appoint external examiners.
Appointment of external examiners
SECTION 20
(1) If on the recommendation of the Senate, it appears to the Vice Chancellor that a person appointed as an examiner for any examination of the University ought to be removed from his office or appointment, then except in such cases as may be prescribed, the Vice-Chancellor may, after affording the examiner an opportunity of making representations in person on the matter to the Vice-Chancellor, remove the examiner from the office or appointment by an instrument in writing signed by the Vice-Chancellor.
(2) Subject to the provisions of regulations made under section 9 (4) of this Act, the Vice-Chancellor may, on the recommendation of the Senate, appoint an appropriate person as examiner in place of the examiner removed under subsection (1).
(3) The Vice-Chancellor shall sign an instrument of removal under this section and use his best endeavor to cause a copy of this instrument to be served immediately on the person to whom it relates.
Removal of examiners
SECTION 21
(1) Subject to the provisions of this section, where it appears to the Vice-Chancellor that any student of the University has been guilty of misconduct, the Vice- Chancellor may, in consultation with the Senate and, without prejudice to any other disciplinary power conferred on him by statutes or regulations, direct that the –
(a) student shall not, during such period as may be specified in the direction, participate in such activities of the University, or make use of such facilities of the University, as may be so specified;
(b) activities of the student shall, during such period as may be specified in the direction, be restricted in such manner as may be so specified;
(c) student be rusticated for such period as may be specified in the direction; or
(d) student be expelled from the University.
(2) Where a direction is given under subsection (1) (c) or (d) in respect of any student, that student may, within the prescribed period and in the prescribed manner, appeal to the Council; and where such an appeal is brought, the Council shall after causing such inquiry to be made in the matter as the Council considers just, confirm or set aside the direction or modify it in such manner as the Council thinks fit.
(3) An appeal from a direction brought under subsection (2) shall not affect the operation of the direction while the appeal is pending.
(4) The Vice-Chancellor may delegate his powers under this section to a Disciplinary Committee consisting of such members of the University as he may nominate.
(5) Nothing in this section shall be construed as preventing the restriction or termination of a student’s activities at the University otherwise than on the ground of misconduct.
(6) Without prejudice to the provision of subsection (1), nothing shall prevent the Vice-Chancel\or from taking an immediate disciplinary action against a student where he deems fit, and report thereafter to the Senate.
(7) A direction under subsection (1) (a) may be combined with a direction under subsection (1) (b).
(8) No staff or student shall resort to a law court without proof of having exhausted the internal avenues for settling disputes or grievances or for seeking redress.
(9) The Visitor shall be the final arbiter on staff and student discipline.
(10) Nothing in this subsection shall affect any power of a court of competent jurisdiction to enforce the fundamental right of any aggrieved citizen as enshrined in the Constitution of the Federal Republic of Nigeria 1999. [Cap. C23, LFN, 2004]
Discipline of students
SECTION 22
(1) A person shall not be required to satisfy the requirements as to race, including ethnic grounding, sex, place of birth, family origin, religious or political persuasion, as a condition of becoming or continuing to be a student at the University, the holder of any degree of the University or of any appointment or employment at the University or. a member of any body established by virtue of this Act, and a person shall not be subjected to any disadvantage or accorded any advantage in relation to the University, by reference to any of those matters.
(2) Nothing in subsection (1) shall be construed as preventing the University from imposing any disability or restriction on any of the aforementioned persons where such person wilfully refuses or fails on grounds of religious belief to undertake any duty generally and uniformly imposed on all such persons or any group of them which duty, having regard to its nature and the special circumstance pertaining thereto, is in the opinion of the University reasonably justifiable in the national interest
Exclusion of discrimination
SECTION 23
Without prejudice to the provisions of the Land Use Act, the University shall not dispose of or charge any land or an interest in any land, including any land transferred to the University by this Act, except either with the prior written consent either general or special, of the President: Provided that such consent shall not be required in the case of any lease or tenancy at a rack-rent for a term not exceeding 21 years or lease or tenancy to a member of the University for residential purposes. [Cap. L5, LFN, 2004]
Restriction on disposal of land by the University
SECTION 24
Except as may be otherwise provided by statutes or by regulations the quorum and procedure of any body established by this Act shall be as determined by that body.
Quorum and procedure of bodies established by this Act.
SECTION 25
(1) Any body of persons established by this Act shall, without prejudice to the generality of the powers of that body, have power to appoint committees, which need not consist exclusively of members of that body and to authorise a committee established by it –
(a) to exercise, on its behalf, such of its functions as it may determine; and
(b) to co-opt members, and may direct whether or not co-opted members (if any) shall be entitled to vote in that committee.
(2) Any two or more such bodies may arrange for the holding of joint meetings of those bodies or for the appointment of committees consisting of members of those bodies or any of them and either of dealing with it or of reporting on it to those bodies or any of them.
(3) Except as may be otherwise provided by statutes or by regulations, the quorum and procedure of a committee established or meeting held under this section shall be such as may be determined by the body or bodies which have decided to establish the committee or hold the meeting.
(4) Nothing in the foregoing provisions of this section shall be construed as enabling –
(a) statutes to be made otherwise than in accordance with section 13 of this Act; or
(b) the Senate to empower any other body to make regulations or to award degrees or other qualifications.
(5) The Pro-Chancellor and the Vice-Chancellor shall be members of every committee of which the members are wholly or partly appointed by the Council, other than a committee appointed to inquire into the conduct of any officer in question, and the Vice- Chancellor shall be a member of the Council and the Vice-Chancellor shall be a member of every committee of which the members are wholly or partly appointed by the Senate.
Appointment of committees.
SECTION 26
(1) Notwithstanding anything to the contrary in the Pension Reform Act, the compulsory retirement age of an academic staff of a University shall be 65 years except for those in the professorial cadre, which shall be 70 years.
(2) A law or rule requiring a person to retire from the public service of the Federation after serving for 35 years shall not apply to an academic staff of the University. [Act No. 4, 2014]
Retirement age of academic staff of the University
SECTION 27
A person who retires as a professor having served –
(a) a minimum period of fifteen years as a professor in the University or continuously in the service of a university in Nigeria up to the retiring age; and
(b) who during the period of service was absent from the University only on approved national or University assignments, shall be entitled to pension at a rate equivalent to his last annual salary and such allowances as the Council may determine as qualifying for pension and gratuity, in addition to any other retirement benefits to which he may be entitled.
Special provisions relating to pension of professors
SECTION 28
(1) The seal of each University shall be such as may be determined by the Council and approved by the Chancellor, and the affixing of the seal shall be authenticated by any member of the Council and by the Vice Chancellor, secretary to the Council or any other person authorised by statute.
(2) Any document purporting to be a document executed under the seal of the University shall be received in evidence and shall, unless the contrary is proved, be presumed to be so executed.
(3) Any contract or instrument, which if made or executed by a person not being a body corporate would not be required to be under seal, may be made or executed on behalf of the University by any person generally or specifically authorised to do so by the Council.
(4) The validity of any proceedings of any body established under this Act shall not be affected by any vacancy in the membership of the body, or by any defect in the appointment of a member of the body or by reason that any person not entitled to, took part in the proceedings.
(5) Any member of any such body who has a personal interest in any matter proposed to be considered by that body shall forthwith disclose his interest to the body and shall not vote on any question relating to that matter.
(6) Nothing in section 12 of the Interpretation Act (which provides for the application in relation to subordinate legislation of certain incidental provisions) shall apply to statutes or regulations made under this Act.
(7) The power conferred by this Act on any body to make statutes or regulations shall include power to revoke or vary any statute, including the Statute contained in the Second Schedule to this Act, or any regulation by a subsequent statute, or, as the case may be, by a subsequent regulation and statute and regulations may make different provisions in reaction to different circumstances. [Second Schedule]
(8) No stamp duty or other duty shall be payable in respect of any transfer of property to the University by virtue of any provision of this Act.
(9) Any notice or other instrument authorised to be served by virtue of this Act may, without prejudice to any other mode of service, be served by post.
Miscellaneous administrative provisions
SECTION 29
Where in any provision of this Act, it is laid down that a proposal is to be submitted or a recommendation is to be made by one authority or another through one or more intermediate authorities, every such intermediate authority shall forward any proposal or recommendation received by it under that provision to the appropriate authority, but any such intermediate authority may, if it deems fit, forward its own comments.
Proposal and recommendation
SECTION 30
In this Act- “campus” means any campus which may be established by the University; “college” means any college which may be established by the University; “Council” means the Council established by this Act for the University; “graduate” means a person on whom a degree, other than an honorary degree, has been conferred by the University; “Minister” means the Minister responsible for education; “notice” means notice in writing; “officer” does not include the Visitor; “prescribed” means prescribed by statutes or regulations; “professor” means a person designated as a professor of the University in accordance with provisions made in that behalf by statute or regulations; “property” includes rights, liabilities and obligations; “regulations” means regulations made by the Senate or the Council; “Senate” means the Senate of the University provided under section 3 (1) (c) of this Act; “statute” means a statute made by the University under section 12 of this Act and in accordance with the provisions of section 13 of this Act, and “the statutes” means all such statutes as are in effect; “teacher” means a person holding a full-time appointment as a member of the teaching or research staff of the University; “undergraduate” means a person in statu pupillari at the University other than – (a) a graduate; and (b) a person of such description as may be prescribed for the purposes of this definition; and “University” means the Federal University of Medicine and Medical Sciences, Abeokuta established under section 1 of this Act;
Interpretation
SECTION 31
This Act may be cited as the Federal University of Medicine and Medical Sciences, Abeokuta (Establishment) Act, 2023.
Citation
First Schedule
Section 3(1)(i) and (2)
PRINCIPAL OFFICERS OF THE UNIVERSITY
The Chancellor
1. (1) The Chancellor shall be appointed by the President.
(2) The Chancellor shall hold office for a period of five years.
(3) Where it appears to the Visitor, that the Chancellor should be removed from his office on the ground of misconduct or inability to perform the functions of his office, the Visitor may by notice in the Federal Government Gazette remove the Chancellor from office.
The Pro-chancellor
2. (1) The Pro-Chancellor shall be appointed or removed from office by the Visitor on the recommendation of the Minister.
(2) Subject to the provisions of this Act, the Pro-Chancellor shall hold office for a term of four years beginning from the date of his appointment.
The Vice Chancellor
3. (1) Subject to the provisions of this paragraph, the Vice-Chancellor shall be appointed or removed from his office by the Council, in line with the provisions of section 3 (1) of the Universities (Miscellaneous Provision) Act, No. 11 of 1993.
(2) The Vice-Chancellor shall hold office for a single term of five years, in line with the provisions of 3 (7) of the Universities (Miscellaneous Provision) Act, No. 11 of 1993.
Deputy Vice Chancellor
4. (1) There shall be for the University, two Deputy Vice-Chancellors or such number of Deputy Vice Chancellors as the Council may, deem necessary for the proper administration of the University.
(2) The procedure for the appointment and removal of the Deputy Vice Chancellor shall be in accordance with the provisions of the Universities (Miscellaneous Provisions) Act, No. 11 of 1993.
(3) A Deputy Vice-Chancellor shall –
(a) assist the Vice-Chancellor in the performance of his functions;
(b) act in place of the Vice-Chancellor when the post of the Vice- Chancellor is vacant or if the Vice-Chancellor is, for any reason, absent or unable to perform his functions as Vice-Chancellor; and
(c) perform such other functions as the Vice Chancellor or the Council may assign to him.
Other Principal Officers of the University
5. (1) There shall be a Registrar, who shall be the Chief Administrative Officer of the University and shall be responsible to the Vice-Chancellor for the day-to-day administrative work of the University except as regards matters for which the Bursar is responsible in accordance with subparagraph (3).
(2) The person holding the office of Registrar shall by virtue of that office be Secretary to the Council, the Senate, Congregation and Convocation.
(3) There shall be a Bursar, who shall be the Chief Financial Officer of the University and shall be responsible to the Vice-Chancellor for the day-to-day administration and control of the financial affairs of the University.
(4) There shall be a Librarian who shall be responsible to the Vice-Chancellor for the administration of the University library and the co-ordination of all library services in the University and its campuses, colleges, faculties, schools, departments and institutes and other teaching or research units.
(5) The Registrar, Bursar and Librarian shall be appointed by the Council for a single term of five years and the Council may upon satisfactory performance, extend the tenure of the Registrar, Bursar or Librarian for a further period of one year and thereafter such Registrar, Bursar or Librarian shall relinquish his post and be assigned to other duties in the University in line with the provisions of the section 5 of the Universities (Miscellaneous Provision) Act, No. 11 of 1993.
(6) Any question as to the scope of the responsibilities of the aforesaid officers shall be determined by the Vice-Chancellor.
Director of Works
6. There shall be for the University, a Director of Works, who shall be responsible to the Vice Chancellor for the administration of the Works Department, and shall be responsible for all works, services and maintenance of institute facilities.
Director of Health Services
7. There shall be for the University, a Director of Health Services who shall be responsible to the Vice Chancellor for the administration of the Health Centre and he shall be the Chief Medical Officer of the University and shall coordinate all matters relating to the health of all staff and students.
Resignation
8. (1) Any officer mentioned under the provisions of this schedule may resign his office, in the case of the –
(a) Chancellor or Pro-Chancellor, by notice to the Visitor; and
(b) Vice-Chancellor by notice to the Council which shall immediately notify the Minister.
(2) A person who has ceased to hold an office so mentioned otherwise than by removal for misconduct shall be eligible for re-appointment to that office.
Second Schedule
Section 12(3), (4) and 27 (7)
FEDERAL UNIVERSITY OF MEDICINE AND MEDICAL SCIENCES, ABEOKUTA
STATUTE NO. 1
Arrangement of Articles
Articles:
1. The Council
2. The Finance and General Purposes Committee
3. The Senate
4. Congregation
5. Convocation
6. Division of colleges
7. College Board
8. Appointments and Promotions Committees
9. Dean of college
10. Deputy Dean of college
11. Director of institute or center
12. Head of department
13. Creation of academics posts
14. Appointment of academic staff
15. Appointment of administrative technical staff
16. Interpretation
17. Citation
The Council
1. (1) The composition of the Council shall be as provided in section 7 of this Act.
(2) Any member of the Council holding office otherwise than under section 7 (a), (b), (c) or (d) of this Act may, by notice to the Council, resign his office.
(3) A member of the Council holding office otherwise than under section 7 (a), (b), (c) or (d) of this Act shall, unless he previously vacates it, vacate that office on the expiration of the term of five years beginning from I August in the year in which he was appointed.
(4) Where a member of the Council holding office otherwise than under section 7 (a), (b), (c) or (d) of this Act vacates before the expiration of the term mentioned under subarticle (3), the body or person by whom he was appointed may appoint a successor to hold office for the residue of the term of his predecessor.
(5) A person ceasing to hold office as a member of the Council otherwise than by removal for misconduct shall be eligible for re-appointment for only one further term of five years.
(6) The quorum of the Council shall be five, at least one of whom shall be a member appointed under section 7 (d), (e), or (h) of this Act.
(7) Where the Pro-Chancellor is not present at a meeting of the Council such other member of the Council present at the meeting, as the Council may appoint as respects that meeting, shall be the chairman at that meeting, and subject to sections 5 and 6 of the Act and the provisions of this article, the Council may regulate its own procedure.
(8) Where the Council desires to obtain advice with respect to any particular matter, it may co-opt not more than two persons for that purpose and the persons co-opted may take part in the deliberations of the Council at any meeting but shall not be entitled to vote.
The Finance and General Purposes Committee
2. (1) The Finance and General Purposes Committee of the Council shall consist of –
(a) the Pro-Chancellor, who shall be the chairman of the Committee at any meeting at which he is present;
(b) the Vice-Chancellor and Deputy Vice-Chancellors;
(c) six other members of the Council appointed by the Council, two of whom shall be selected from among the three members of the Council appointed by the Senate and one member appointed to the Council by Congregation;
(d) the Permanent Secretary of the Federal Ministry of Education or, in his absence, such member of his Ministry as he may designate to represent him.
(2) The quorum of the Committee shall be five.
(3) Subject to any directions given by the Council, the Committee may regulate its own procedure.
The Senate
3. (1) The Senate shall consist of –
(a) the Vice-Chancellor and Deputy Vice-Chancellors;
(b) Deans of Colleges;
(c) the Directors of Institutes and Research Centres;
(d) the Heads of academic Departments;
(e) the Librarian;
(f) one member of not less than the rank of senior lecturer of each college;
(g) four persons representing the Congregation.
(2) The Vice-Chancellor shall be the Chairman at all meetings of the Senate when he is present, and in his absence any of the Deputy Vice-Chancellors present at the meeting as the Senate may appoint for that meeting shall be chairman at the meeting.
(3) The quorum of the Senate shall be one quarter, or the nearest whole number less than one quarter, and subject to subarticle (2), the Senate may regulate its own procedure.
(4) An elected member may, by notice to the Senate, resign his office.
(5) Subject to subarticle (7), there shall be elections for the selection of elected members, which shall be in the prescribed manner on such day in the month of May or June in each year as the Vice-Chancellor may determine.
(6) An elected member shall hold office for the period of two years beginning from I August in the year of his election, and may be a candidate at any election held under subarticle (5) in the year in which his period of office expires, so however that no person shall be such a candidate if at the end of his current period of office he will hold office as an elected member for a continuous period of six years or would have so held office if he had not resigned it.
(7) No election held under this article in any year if the number specified in the certificate given under subarticle (10) does not exceed by more than one the figure which is thrice the number of those elected members holding office on the date of the certificate who do not vacate office during that year under subarticle (6).
(8) For the avoidance of doubt it is hereby declared that no person shall be precluded from continuing in or taking office as an elected member by reason only of a reduction in the total of non-elected members occurring on or after 30 April in any year in which he is to continue in or take office as an elected member.
(9) If so requested in writing by any fifteen members of the Senate, the Vice-Chancellor, or in his absence, any of the Deputy Vice-Chancellors duly appointed by him, shall convene a meeting of the Senate to be held not later than the tenth day following that on which the re- quest was received.
(10) In this article “total of non-elected members” means as respects any year, such number as may be certified by the Vice-Chancellor on 30 April of that year to be the number of persons holding office as members of the Senate on that day otherwise than as elected members.
Congregation
4. (1) Congregation shall consist of –
(a) the Vice-Chancellor and the Deputy Vice-Chancellors;
(b) the full-time members of the academic staff;
(c) the Registrar;
(d) the Bursar;
(e) the Librarian;
(f) the Director of Works;
(g) the Director of Academic Planning;
(h) the Director of Physical Planning;
(i) the Director of Health Services; and
(j) every member of the administrative staff who holds a degree other than an honorary degree of any university recognised for the purposes of this statute by the Vice-Chancellor.
(2) Subject to sections 5 and 6 of the Act, the Vice-Chancellor shall be the Chairman at all meetings of Congregation when he is present, and in his absence any of the Deputy Vice-Chancellors present at the meeting as Congregation may appoint for that meeting, shall be the chairman at the meeting.
(3) The quorum of Congregation shall be one third or the whole number nearest to one third, of the total numbers of Congregation or 50, whichever is less.
(4) A certificate signed by the Vice-Chancellor specifying –
(a) the total number of members of Congregation for the purposes of any particular meeting or meetings of Congregation; or
(b) the names of the persons who are members of Congregation during a particular shall be conclusive evidence of that number or as the case may be, of the names of those persons.
(5) Subject to this article, Congregation may regulate its own procedure.
(6) Congregation shall be entitled to express by resolution or otherwise its opinion on all matters affecting the interest and welfare of the University and shall have such other functions in addition to the function of electing a member of the Council, as may be provided by statute or regulations.
Convocation
5. (1) Convocation shall consist of –
(a) the officers of the University mentioned in the First Schedule to the Act;
(b) all teachers within the meaning of the Act;
(c) all other persons whose names are registered in accordance with subarticle (2).
(2) A person shall be entitled to have his name registered as a member of Convocation if he –
(a) is either a graduate of the University or a person satisfying such requirements as may be prescribed for the purposes of this article; and
(b) applies for the registration of his name in the prescribed manner and pays the prescribed fees.
(3) Regulations shall provide for the establishment and maintenance of a register for the purposes of this subarticle and subject to subarticle (4) may provide for the payment of further fees by persons whose names are on the register and for any person who fails to pay those fees.
(4) The person responsible for maintaining the register shall, without the payment of any fees, ensure that the names of all persons who are for the time being members of Convocation by virtue of subarticle (1) (a) or (b) are entered and retained on the register.
(5) A person who reasonably claims that he is entitled to have his name on the register shall be entitled on demand to inspect the register or a copy of the register at the principal offices of the University at all reasonable times.
(6) The register shall, unless the contrary is proved, be sufficient evidence that any per- sons named therein is, and that any person not named therein is not, a member of Convocation; but for the purpose of ascertaining whether a particular person was such a member on a particular date, any entries in and deletions from the register made on or after that date shall be disregarded.
(7) The quorum of Convocation shall be 50 or one third (or the whole number nearest to one third) of the total number of members of Convocation, whichever is less.
(8) Subject to section 5 of this Act, the Chancellor shall be the chairman at all meetings of Convocation when he is present, and in his absence the Vice-Chancellor shall be the chairman at the meeting.
(9) Convocation shall have such other functions, in addition to the functions of appointing a member of the Council, as may be provided by statutes or regulations.
Division of colleges
6. Each college shall be divided into such number of branches as may be prescribed.
College Boards
7. (1) There shall be established in respect of each college a College Board, which, subject to provisions of this statute, and subject to the directions of the Vice-Chancellor, shall-
(a) regulate the teaching and study of, and the conduct of examinations connected with the subjects assigned to the college;
(b) deal with any other matter assigned to it by statute or by the Vice- Chancellor or by the Senate; and
(c) advise the Vice-Chancellor or the Senate on any matter referred to it by the College Board.
Vice-Chancellor or the Senate
(2) Each College Board shall consist of –
(a) the Vice-Chancellor;
(b) the Deputy Vice-Chancellor;
(c) the Dean;
(d) the persons severally in charge of the departments of the college;
(e) such of the teachers assigned to the college and having the prescribed qualifications as the Board may determine; and to any provisions of this article and to any provision made by regulations in that behalf, the Board may regulate its own procedure.
(f) such persons whether or not members of the University as the Board may determine with the general or special approval of the Senate.
(3) The quorum of the Board shall be six members or one quarter, (whichever is greater), of the members for the time being of the Board; and subject to the provisions of this statute.
Appointments and Promotions Committee
8. (1) There shall be an Appointments and Promotions Committee of the Council which shall ultimately be responsible for all appointments, promotions and discipline of all categories of senior staff in the University, under the chairmanship of the Vice- Chancellor.
(2) The Committee shall operate where necessary through the Senate or Selection Board or ad-hoc Committees and its recommendations shall be subject to the approval of the Council.
Dean of college
9. (1) The Dean of a College shall be a professor appointed by the Appointments and Promotions Committee and such Dean shall hold office for a term of three years, and shall be eligible for re-appointment for another term of three years after which he may not be re- appointed again until two years have elapsed.
(2) The Dean shall be the chairman at all meetings of the College Board when he is present and shall be a member of all committees and other boards appointed by the College.
(3) The Dean of a college shall exercise general superintendence over the academic and administrative affairs of the college and it shall be the function of the Dean to present to Convocation or for the conferment of degrees on persons of the University at examinations held in the branches of learning for which responsibility is allocated to that college.
(4) There shall be a committee to be known as the Committee of Deans consisting of all Deans of the colleges and that Committee shall advise the Vice-Chancellor on all academic matters and on particular matters referred to the University Council.
Deputy Dean of college
10. (1) There shall be a Deputy Dean of college who shall be appointed by the Senate on the recommendation of the Dean.
(2) The Deputy Dean shall be appointed for two years in the first instance and may be re-appointed for a further term of two years after which he shall not be entitled to re-appointment until after two years.
Director of Institute or Centre
11. (1) The Director of an Institute or of a Centre shall be appointed by the Appointments and Promotions Committee for academic staff, and such Director shall hold office for a period of three years and shall be eligible for re-appointment for another term of three years after which he may not be appointed again until two years have elapsed.
(2) The Director of an Institute or Centre shall exercise general superintendence over the affairs of the Institute or Centre.
Head of Department
12. (1) The Head of a Department shall be appointment by the Vice-Chancellor and such Head shall hold office for a period of three years and shall be eligible for re- appointment for another term of three years after which he may not be appointed again until two years have elapsed.
(2) The Head of a Department shall exercise general superintendence over the academic and administrative affairs of the department.
Creation of academic posts
13. Recommendations for the creation of posts other than those mentioned in article 10 of this statute shall be made by Senate to the Council through the Finance and General Purposes Committee.
Appointment of academic staff
14. (1) Subject to the Act and the statutes, the filling of vacancies in academic posts (including newly created ones) shall be the responsibility of the Senate.
(2) For the purpose of filling such vacancies, the Senate shall set up suitable selection boards to select and make appointments on its behalf.
(3) For appointments to professorships, associate professorships or readerships or equivalent posts, a board of selection (with power to appoint) shall consist of
(a) the Vice-Chancellor;
(b) if the post is’ tenable at a college, or is within a school comprised in a college, the Provost of that college;
(c) if the post is within a faculty, school, institute or other teaching unit of the University, the Dean of that teaching unit;
(d) two members appointed by the Council;
(e) four members of the Senate appointed by the Senate, at least two of whom shall, if the post is tenable at a college, be senior members of the staff of the college;
(f) such other persons as the Senate may appoint.
(4) Subject to subarticle (5), for appointments to associate professorships, readerships, senior lectureships and other academic posts, a selection board (with power to appoint) shall consist of
(a) the Vice-Chancellor;
(b) if the post is tenable at a college, or is within a school comprised in a college, the Provost of that college;
(c) if the post is within a faculty, school, institute or other teaching unit of the University, the Dean of that teaching unit;
(d) four members of the Senate appointed by the Senate, at least two of whom shall, if the post is tenable at a college, be members of the staff of the college; and
(e) such other persons as the Senate may appoint.
(5) Where an appointment falling within subarticle (4) above is tenable at a college, the Senate may authorise the college to set up a selection board therefore, with power to appoint, but every selection board set up under this paragraph shall include the Vice-Chancellor and shall also include at least two members of the Senate, nominated by the Senate, who are not members of the academic staff of the college.
(6) A college shall have power to make appointments to academic posts within the college below the level of associate professor or reader.
(7) For the purpose of exercising the power conferred by subarticle (6) above, the college shall set up suitable selection boards to select and make appointments on its behalf.
(8) Every selection board set up subarticle (7) shall include the Vice-Chancellor and shall also include at least two members of the Senate, nominated by the Senate, who are not members of the academic staff of the college.
(9) All appointments to senior library posts shall be made in the same way as equivalent appointments in the academic staff; and for all such posts, other than that of librarian, the librarian shall be a member of the selection board.
(10) Boards of selection may interview candidates directly or consider the reports of assessors or specialist interviewing panels.
Appointment of administrative and technical staff
15. (1) The administrative and technical staff of the University, other than principal officers, shall be appointed by the council or on its behalf by the Vice-Chancellor or the Registrar in accordance with any delegation of powers made by the Council in that behalf.
(2) Administrative and technical staff of a college, other than principal officers, shall be appointed by the board of governors of the college or by the Provost or secretary of the college in accordance with any delegation of powers made by the court in that behalf.
(3) In the case of administrative or technical staff who have close and important contracts with the academic staff, there shall be Senate or (in the case of a college) academic board participation in the process of selection.
Interpretation
16. In this Statute, “Act” means the Federal University of Medicine and Medical Sciences, Abeokuta (Establishment) Act, 2021 and any word or expression defined in the Act has the same meaning in this Statute.
Citation
17. This Statute may be cited as the Federal University of Medicine and Medical Sciences, Abeokuta, Statute No. 1, 2021.
