(2021)
SECTION 1
(1) There is established a College the Federal College of Agriculture, Kirikasamma, Jigawa State (in this Act referred to as “the College”) which shall have the powers and perform the functions conferred on it by this Act.
(2) The College-
(a) shall be a body corporate with perpetual succession and a common seal;
(b) shall have power to acquire and dispose of interests in movable and immovable properties;
(c) may sue and be sued in its corporate name.
(3) The objects of the College 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 agriculture;
(b) develop and offer academic and professional programmes leading to the award of professional certificates, Ordinary National Diplomas and Higher National Diplomas which emphasise planning, adaptive, technical, maintenance, developmental and productive skills in agriculture, and to contribute to the scientific transformation of agriculture in Nigeria;
(c) act as agents and catalysts, through training, research and innovation for the effective and economic utilisation, exploitation and conservation of Nigeria’s natural, agricultural, economic and human resources;
(d) identify the agricultural problems and needs of Nigeria and to find solutions to them within the context of overall national development;
(e) provide and promote sound basic scientific training as a foundation for the development of agriculture 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 agriculture and allied professions;
(f) promote and emphasise teaching, research and extension of agricultural knowledge, including agriculture extension services and outreach programmes, in-service training, continuing education, and on-farm adaptive research;
(g) organise research relevant to training in agriculture with emphasis on small-scale farming;
(h) organise extension services and out-reach programmes for technology transfer;
(i) establish institutional linkages in order to foster collaboration and integration of training, research, and extension activities; and
(j) undertake any other activity appropriate for Colleges of Agriculture.
Establishment and objects of the Federal College of Agriculture Kirikasamma.
SECTION 2
(1) There is established for the College a Governing Council (in this Act referred to as “the Council”) which shall direct its affairs.
(2) The Council shall consider and approve the –
(a) plan of activities of the College;
(b) programme of studies, courses, and research to be undertaken by the College;
(c) annual estimates of the College; and
(d) investment plans of the College.
(3) The provisions of the Schedule to this Act shall have effect with respect to the Council as specified therein.
Governing Council of the College.
SECTION 3
The Council shall consist of a chairman and other members, to be appointed by the Minister of education –
(a) a representative of the Federal Ministry responsible for Education;
(b) a representative of the Federal Ministry responsible for Agriculture;
(c) a representative of the National Board for Technical Education (NBTE)
(d) a representative of the alumni association of the College;
(e) three persons appointed on individual merit on a nationwide basis who shall have wide experience of service in the public or private sector;
(f) two representatives of the Academic Board of the College; and
(g) the Provost of the College.
Membership of the Council.
SECTION 4
(1) A member of the Council, other than an ex-officio member, shall hold office for a term of three years and shall be eligible for re-appointment for a further term of three years and no more.
(2) A member of the Council, other than an ex-officio member, may by notice to the Council resign his appointment.
(3) Any vacancy occurring in the membership of the Council shall be filled by the appointment of a successor who shall represent the same interest as his predecessor for the remainder of the term of the predecessor.
Tenure of office of members of the Council.
SECTION 5
For the carrying out of its objects as specified in section 1 of this Act, the Council shall have power to –
(a) hold examinations and grant diplomas, professional certificates and other distinctions to persons who have pursued a course of study approved and accredited by the National Board for Technical Education (NBTE) and have satisfied such other requirements as the Council may lay down;
(b) demand and receive from any student or any other person attending the College for the purpose of instruction such fees as the Council may, with the prior approval of the Minister, determine;
(c) establish agricultural and rural extension services in various parts of Nigeria;
(d) hold public lectures and undertake printing, publishing and bookselling;
(e) provide amenities for and make such other provision for the welfare of the staff of the College;
(f) invest the funds of the College in securities specified by law or in such other securities in Nigeria as may be approved by the Minister;
(g) borrow money within Nigeria in such manner and upon such security as the Minister may authorise;
(h) enter into contracts as may be necessary or expedient for carrying into effect the objects of the College;
(i) recruit staff of the right calibre and determine the career structure of such staff;
(j) establish and maintain such schools, institutes, extramural departments and other teaching and research units within the College as the Council may deem necessary;
(k) institute and award fellowships, scholarships, medals, prizes and other titles;
(l) erect, provide, equip and maintain such educational, recreational and residential facilities as the College may require;
(m) accept gifts, legacies and donations, but without obligation to accept same for a particular purpose unless it approves the terms and conditions attaching thereto;
(n) enter into contracts, establish trusts, act as trustee, solely or jointly with any other person, and employ and act through agents; and
(o) do such acts and things whether or not incidental to the foregoing powers as may advance the objects of the College.
Powers of the Council.
SECTION 6
(1) The Minister shall be the Visitor of the College.
(2) The Visitor shall, not less than once in every five years, conduct a visitation of the College or appoint a visitation panel consisting of not less than five experts to conduct the visitation for –
(a) The purpose of evaluating the academic and administrative performance of the College; or
(b) Such other purpose or in respect of any other affairs of the College as the Visitor may think fit.
Visitation.
SECTION 7
Subject to the provisions of this Act, the Minister may give to the Council directions of a general character or relating generally to matters of policy with regard to the performance of its functions under this Act and it shall be the duty of the Council to comply with such directions.
Power of Minister to give directions to the Council.
SECTION 8
(1) There is established for the College a board (in this Act referred to as “the Academic Board”) which shall consist of –
(a) the Provost of the College who shall be the Chairman;
(b) all heads of departments;
(c) the College Librarian; and
(d) not more than two members of the academic staff other than heads of departments to be appointed by the Council.
(2) The Academic Board shall be responsible for –
(a) the direction and management of academic matters of the College including the regulation of admission of students, the award of certificates, scholarships, prizes and other academic distinctions;
(b) making periodic reports on such academic matters to the Council as the Council may direct; and
(c) performing any other function which the Council may delegate to it.
The Academic Board and its functions.
SECTION 9
(1) There is a Provost of the College (in this Act referred to as “the Provost”) who shall be appointed by the Minister, in accordance with the provisions of this section.
(2) Where a vacancy occurs in the post of Provost, the Council shall –
(a) advertise the vacancy in a reputable journal or a widely read newspaper in Nigeria specifying – (i) the qualities of the person who may apply for the post, and (ii) the terms and conditions of service applicable to the post, and thereafter draw up a short list of suitable candidates for consideration; and
(b) constitute a search team consisting of- (i) a member of the Council not being a member of the Academic Board, as chairman, (ii) two members of the academic Board not below the rank of chief lecturer, and (iii) two members of the academic community of the College not below the rank of chief lecturer, to be selected by the Council, to identify and draw up a short list of suitable persons who are not likely to apply for the post for any reason whatsoever.
(3) A Joint Council and Academic Selection Board consisting of –
(a) the Chairman of the Council,
(b) two members of the Council not being members of the Academic Board, and
(c) two members of the Academic Board not below the rank of chief lecturer, who were not members of the search team, shall consider the candidates and persons on the short lists drawn up under subsection (2) through an examination of their curriculum vitae and interaction with them and recommend through the Council to the Minister, three candidates for his consideration.
(4) The Minister shall appoint as Provost one of the candidates recommended to him under subsection (3).
(5) Subject to this Act and the general control of the Council, the Provost shall be the Chief Executive of the College and shall be charged with general responsibility for matters relating to the management operations of the College.
(6) The Provost –
(a) shall hold office for a period of four years beginning with the effective date of his appointment and on such terms and conditions as may be specified in his letter of appointment; and
(b) may be reappointed for one further term of four years and no more.
The Provost of the College.
SECTION 10
(1) There is for the College a Deputy Provost.
(2) The Council shall appoint the Deputy Provost from among the chief lecturers in the College
(a) from a list of three candidates in order of preference, submitted by the Provost;
(b) on the recommendation of a Selection Board constituted under this section for that purpose; or
(c) on the nomination of the Provost.
(3) The Selection Board under subsection (2) shall –
(a) consist of – (i) the chairman of the Council, (ii) the Provost, (iii) two members of the Council not being members of the Academic Board, and (iv) two members of the Academic Board; and
(b) make such inquiries as it deems fit before making the recommendation required under that subsection.
(4) The Deputy Provost shall –
(a) assist the Provost in the performance of his functions;
(b) act in the place of the Provost when the post of Provost is vacant or if the Provost is, for any reason, absent or unable to perform his functions as Provost; and
(c) perform such other functions as the Provost or the Council may assign to him.
(5) The Deputy Provost –
(a) shall hold office for a term of two years beginning from the effective date of his appointment and on such terms and conditions as may be specified in his letter of appointment; and
(b) may be reappointed for one further term of two years and no more.
Deputy Provost.
SECTION 11
(1) The Council shall appoint a Registrar to the College (hereinafter referred to as “the Registrar”) who shall keep the records and conduct the correspondence of the Council and shall perform such other duties as the Council and subject thereto as the Provost may from time to time direct.
(2) The Registrar shall, in addition to other duties conferred on him by or under this Act, be the secretary to the Council, the Academic Board and any committee of the Council and in his absence, the Councilor any such committee may appoint some other person to act as secretary, and he shall not vote on any question before the Councilor count towards a quorum.
(3) The Registrar –
(a) shall hold office for a period of four years beginning from the effective date of his appointment and on such terms and conditions as may be specified in his letter of appointment; and
(b) may be reappointed for one further period of four years and no more.
The Registrar and other staff of the College.
SECTION 12
(1) There shall be, in addition to the Registrar, the following principal officers, the –
(a) Bursar, and
(b) College Librarian, who shall be appointed by the Council on the recommendation of the Selection Board constituted under section 10(3) of this Act.
(2) The Bursar shall be the chief financial officer of the College and be responsible to the Provost for the administration and control of the financial affairs of the College.
(3) The College Librarian shall be responsible to the Provost for the administration of the College Library and the coordination of the library services in the teaching units of the College.
(4) The Bursar or Librarian –
(a) shall hold office for a term of four years from the effective date of his appointment and on such terms and conditions as may be specified in his letter of appointment; and
(b) may be reappointed for a further term of four years and no more.
Other Principal Officers of the College.
SECTION 13
A Principal Officer may resign his appointment –
(a) in the case of the Provost, by notice to the Visitor; and
(b) in any other case, by notice to the Council.
Resignation of appointment of principal officers.
SECTION 14
(1) The Council may appoint such other persons as employees of the College to assist the Provost and the principal officers in the performance of their functions under this Act.
(2) Subject to the provisions of this Act, the remuneration, tenure of office and conditions of service of the employees of the Council shall be determined by the Council.
Other employees of the College.
SECTION 15
(1) There shall be, for each College, a selection Board which shall consist of –
(a) the Chairman of the Council;
(b) the Provost;
(c) four members of the Council not being members of the Academic Board; and
(d) two members of the Academic Board.
(2) The functions, procedure and other matters relating to the Selection Board constituted under subsection (1) of this section shall be as the Council may determine.
Selection Board for other principal officers.
SECTION 16
(1) Service in the College shall be approved service for the purpose of the Pensions Reform Act and officers and other persons employed in the College shall, in respect of their service in the College, be entitled to pensions, gratuities and other retirement benefits as are prescribed there under, so however that nothing in this Act shall prevent the appointment of a person to any office on terms which preclude the grant of a pension and gratuity in respect of that office. [Act No. 4, 2004]
(2) For the purpose of the application of the provisions of the Pensions Reform Act, any power exercisable there under by a Minister or other authority of the Government of the Federation, other than the power to make regulations, shall be exercisable by the College and not by any other person or authority. [Act No. 4, 2004]
Pensions
SECTION 17
(1) There is established for the College a fund (in this Act referred to as “the Fund”) which shall be applied for the promotion of the objectives specified in this Act.
(2) There shall be paid and credited to the Fund –
(a) such sums as may be granted to the Council by the Federal Government through the National Board for Technical Education (NBTE);
(b) all moneys raised for the purposes of the Council by way of gifts, grants-in-aid or testamentary disposition; and
(c) all subscriptions, fees and charges for services rendered by the Council and all other sums that may accrue to the Council from any source.
(3) The Council shall submit to the Minister, through the National Board tor Technical Education (NBTE), not later than three months before the end of each financial year or at such other time as he may direct, an estimate of its revenue and expenditure for the next succeeding financial year.
Establishment of fund of the College.
SECTION 18
The Council shall keep proper accounts of its receipts, payments, assets and liabilities and shall, in respect of each year, cause the accounts to be audited.
Accounts and audit.
SECTION 19
The Council shall immediately after the expiration of each financial year, prepare and submit to the Minister a report of its activities during the immediately preceding financial year and shall include in the report a copy of the audited accounts of the College for that year and of the auditor’s report on the accounts.
Annual reports.
SECTION 20
(1) For the purpose of providing offices and premises necessary for the performance of its functions, the Council may –
(a) purchase any interest in or take on lease any land; and
(b) build, equip and maintain offices and premises.
(2) The Council may, with the approval of the Minister, sell any interest in or lease any land, offices or premises held by it and no longer required for the performance of its functions.
Offices and premises.
SECTION 21
(1) The Council may make rules providing for the Provost to conduct enquiries into alleged breaches of discipline, including lack of diligence, by students and such rules may make different provisions for different circumstances.
(2) The rules shall provide for the procedure and rules of evidence to be followed at enquiries under this section.
(3) Subject to subsection (1), where it is proved during the enquiry that any student of the College is guilty of misconduct, the Provost may, without prejudice to any other disciplinary powers conferred on him by this Act or any regulations made there under, direct that the –
(a) student shall not, during such period as may be specified in the direction, participate in such activities of the College, or make use of such facilities of the College, as he may specify;
(b) activities of the student shall during such period as may be specified in the directions, be restricted in the manner as may be so specified;(c) student may be suspended for such period as may be specified in the direction; or
(d) student be expelled from the College.
(4) Where there is temporarily no Provost or where the Provost refuses to apply any disciplinary measures, the Council may, either directly or through some other staff, apply such disciplinary actions as are specified in subsection (3) to any student of the College who is guilty of misconduct.
(5) Where a direction is given under subsection (3) (c) or (d) in respect of any student, the student may, within 21 days from the date of the letter communicating the decision to him, appeal from the direction 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, either confirm or set aside the direction or modify it in such manner as the Council may deem fit.
(6) The fact that an appeal from a direction is brought under subsection (5) shall not affect the operation of the direction while the appeal is pending.
(7) The Provost may delegate his powers under this section to a disciplinary committee consisting of such members of the College as he may nominate.
(8) Nothing in this section shall be construed as preventing the restriction or termination of a student’s activity at the College otherwise than on the ground of misconduct.
(9) The direction under subsection (3) (a) may be combined with a direction under subsection (3) (b).
(10) In all cases under this section, the decision of the Council shall be final unless reversed by the Minister on appeal by the student.
Discipline of students.
SECTION 22
In this Act- “Chairman” means the chairman of the Council; “Council” means the Governing Council of the College established by or pursuant to section 2 of this Act; “Provost” means the Provost of the College appointed under section 9 of this Act; “powers” includes functions and duties; “Minister” means the Minister charged with matters relating to education; and “member” means a member of the Council including the chairman.
Interpretation.
SECTION 23
This Act may be cited as the Federal College of Agriculture, Kirikasamma (Establishment) Act, 2021.
Citation
Section 2 (3)
SUPPLEMENTARY PROVISIONS RELATING TO THE COUNCIL
Terms of service
1. There may be paid to the members of the Councilor any committee, other than ex-officio members, such remuneration and allowances as may be determined by the Minister.
Council to act
2. The Council may act notwithstanding any vacancy in its membership, defect in the appointment of a member or the absence of a member.
Proceedings
3. (1) The Council shall meet for the conduct of business at such times, place and on such days as the chairman may appoint but shall meet not less than once every four months.
(2) The chairman may at any time and shall, at the request in writing of not less than five members, convene a meeting of the Council.
(3) At any meeting of the Council the Chairman shall preside, but in his absence, members present shall elect one of their members to preside at the meeting.
(4) Where the Council desires to obtain the advice of any person on any particular matter, the Council may co-opt persons who are not members of the Council but persons co-opted shall not be entitled to vote at a meeting of the Council.
(5) The quorum of the Council shall be one half of the total members of the Council, at least one of whom shall be a member appointed by the Minister.
(6) Decisions of the Council shall be made on approval by a simple majority of members.
Miscellaneous
4. (1) The affixing of the seal of the College shall be authenticated by the signature of the chairman, Provost and of some other members of the Council authorised generally or specially by the Council to act for that purpose.
(2) Any contract or instrument which, if made or executed by a person other than a body corporate would not be required to be under seal may be made or executed on behalf of the College by any person authorised to act for that purpose by the Council.
(3) Any document purporting to be duly executed under the seal of the College shall be received in evidence and shall, unless the contrary is proved, be presumed to be so executed.
