(2023)
SECTION 1
(1) There is established, the Federal Colleges of Education, specified in the First Schedule to this Act (in this Act referred to as the “Colleges”), which has the powers and shall perform the functions that are conferred on them by this Act.
(2) Each College-
(a) is a body corporate with perpetual succession and a common seal;
(b) has power to acquire and dispose of interests in movable and immovable property; and
(c) may sue or be sued in its corporate name. [First Schedule]
Establishment of Federal Colleges of Education and legal status of the Colleges
SECTION 2
The objectives of this Act are to-
(a) repeal the Federal Colleges of Education Act Cap. F8, Laws of the Federation of Nigeria, 2004;
(b) enact a uniform Federal Colleges of Education Act to regulate the Federal Collages of Education in Nigeria through a uniform legal framework with modern provisions that are up-to-date with current educational realities;
(c) situate Federal Colleges of Education in Nigeria in the current States of the Federation where they are located;
(d) provide the legal basis for the award of diplomas and degrees; and
(e) give the Colleges powers to expand the scope of the curriculum of the Colleges to degree awarding institutions.
Objectives
SECTION 3
The Functions of each College shall be to-
(a) provide full-time and part-time courses in teaching, instruction and training in- (i) technology, sciences, applied sciences, commerce, arts, social sciences, humanities and management, and (ii) other fields of applied learning, relevant to the needs of the development of Nigeria, in the areas of industrial and agricultural production and distribution, and for research in the development and adaptation techniques, as the Council may determine;
(b) conduct research in fields of learning and courses in education, to qualified teachers;
(c) conduct research conferences, seminars, inaugural lectures, workshops and consultancy services, relative to the field of learning as specified in paragraph (a); and
(d) perform other functions which, in the opinion of the Council, in consultation with the Academic Board, may serve to promote the objectives of the Colleges.
Functions of each College
SECTION 4
(1) The Governing Structure of the Colleges shall consist of the following-
(a) Governing Council;
(b) Management Committee;
(c) Academic Board;
(d) School Board; and
(e) Departmental Board.
(2) The Minister is the Visitor to the Colleges.
(3) The Visitor shall, at least once in every five years, conduct a visitation of the Colleges or appoint a Visitation Panel, consisting of at least five experts, to conduct the visit
(a) to evaluate the academic and administrative performance of the Colleges; and
(b) for any other purpose or in respect of any other affair of the Colleges, as the Visitor may deem fit.
(4) The provisions set out in the Second Schedule to this Act, shall apply in relation to the Council Governing structure and other matters specified in the Second Schedule. [Second Schedule]
Governing Structure of the Colleges and Visitor to the College
SECTION 5
(1) There is established for each College, a Governing Council (in this Act referred to as “the Council”) charged with the responsibility to govern and direct the affairs of the Colleges.
(2) Without prejudice to the provisions of subsection (1) the Council shall consider and approve the-
(a) plan of activities of the Colleges;
(b) programme of studies, courses and research to be undertaken by the Colleges;
(c) annual estimates of the Colleges; and
(d) investment plans of the Colleges.
(3) The provisions of the Second Schedule to this Act shall have effect with respect to the Council as specified in the Second Schedule. [Second Schedule]
Establishment of the of the Governing Council of each College
SECTION 6
(1) The Council of each College, other than a Federal College of Education (Technical) shall consist of a Chairman and the following members to be appointed by the President-
(a) four persons that are reputable in the discipline of arts, sciences and technical education, who shall be former or serving teachers or educationists, competent administrators and broadly, representative of the whole Federation, one of whom shall be a woman;
(b) Other members are- (i) a representative of the Federal Ministry of Education, (ii) a representative of the Regulatory Commission, (iii) the Provost, and (iv) the Deputy Provost;
(c) A representative of the Alumni Association;
(d) two persons, not below the rank of Chief Lecturer, elected by the Academic Board, from among its members;
(e) four persons to be elected by the Congregation, from amongst its members out of which two persons shall not be below the rank of Chief Lecturer or its equivalent and the other two persons shall be non-teaching staff, not below the rank of Deputy Registrar or its equivalent; and
(f) the Registrar who shall be the secretary to the Council.
(2) The Council of each Federal College of Education (Technical) shall consist of a Chairman, to be appointed by the President and the following members-
(a) four persons from the discipline of science and technology, technical education, or a competent administrator, who shall be a former or serving teacher, educationist or administrator, and broadly representative of the whole Federation, one of whom shall be a woman;
(b) other members are- (i) a representative of the Federal Ministry of Education, (ii) a representative of the Regulatory Commission, (iii) the Provost, and (iv) the Deputy Provost.
(c) four persons to be elected by the Congregation, from amongst its members, out of which two persons shall not be below the rank of Chief Lecturer or its equivalent, and the remaining two persons shall be non-teaching staff, not below the rank of deputy registrar or its equivalent;
(d) a representative of Nigeria Society of Engineers;
(e) a representative of College Alumni;
(f) two persons, not below the rank Chief Lecturer, elected by the Academic Board, from among its members; and
(g) the Registrar shall be the secretary to the Council.
(3) The Federal Colleges of Education (Special), shall have the same composition as the Federal College of Education (conventional) in addition to two members who are persons living with disability.
(4) Persons listed under subsections 2(d), (e) and (3), shall be appointed by their respective associations.
Membership of Governing Council
SECTION 7
(1) A member of the Council shall hold office for a term of three years and, subject to the provisions of subsection (2), may be eligible for re-appointment or re-election, for a further term of three years and no more.
(2) There shall be no vacuum in the Council of the Colleges if- (a) a member exits from the Council, or (b) the President dissolves the Council; the President shall make an immediate replacement.
(3) The office of a member appointed under section 6 (1), (2) and (3) of this Act shall become vacant if the-
(a) member resigns his office by notice in writing under his hand, or
(b) Minister, in consultation with the Council, is satisfied that it is not in the interest of the College for the person appointed to continue in office and notifies the member in writing to that effect.
Tenure of office of Council members
SECTION 8
(1) The Council has power to-
(a) approve for the Colleges to receive from a student or any other person attending the Colleges for the purpose of teaching or instruction, fees as the Council may, with the prior approval of the Minister, determine;
(b) provide amenities for and make any other provision for the welfare of staff of the Colleges;
(c) invest the funds of the Colleges in securities, specified by law or in other securities in Nigeria, as may be approved by the Federal Ministry of Education;
(d) source for funds within Nigeria for the purpose of development of the Colleges, in such manner and upon the security, as the Federal Ministry of Education may authorise;
(e) recruit qualified and competent staff for the Colleges;
(f) ratify the establishment and maintenance of schools, departments and other teaching units within the Colleges or extramural departments as may be recommended by the Academic Board;
(g) provide any course of instruction, either alone or in association with other institutions whether in Nigeria or not, as the Council may determine and approve; and
(h) encourage and make provision for research and research grants in the Colleges.
(2) The power of the Council to establish additional schools and departments within the Colleges shall be exercisable by order and not otherwise within the stipulated guidelines.
Powers of the Council
SECTION 9
(1) There is established for each College, a Board (in this Act referred to as “the Academic Board) which shall consist of-
(a) the Provost of each College, who shall be the Chairman;
(b) the Deputy Provost;
(c) the College Librarian;
(d) Deans;
(e) Academic Directors;
(f) all Heads of Academic Departments or Units;
(g) all Chief Lecturers; and
(h) two members from the Academic Staff Congregation.
(2) The quorum for the meeting of any Academic Board is half of its members.
(3) The Academic Board shall-
(a) direct and manage of academic matters of the College;
(b) regulate the admission of students;
(c) award Nigeria Certificate in Education (NCE), diplomas, professional certificates, prizes, scholarships and other academic distinctions of the Colleges, to persons who may have pursued and successfully completed a course of study approved by the National Commission for Colleges of Education and who may have satisfied any other requirement as have been accredited by the Regulatory Commission;
(d) award degrees and post-graduate diplomas in Education to persons who may have pursued and successfully completed a course of study approved and regulated by the National Universities Commission (NUC) and who may have satisfied any other requirement as have been accredited;
(e) consider awards of Certificates, Prizes, Scholarships and other academic distinctions;
(f) be responsible for teaching and research;
(g) make periodic reports on any academic matter to the Council;
(h) discharge any other function which the Council may delegate it;
(i) mount exhibitions and displays, designed to foster an appreciation of trends in the scope and requirements of Education;
(j) institute and award fellowships, medals, prizes and other titles;
(k) erect, provide, equip and maintain educational, recreational and residential facilities as the Colleges may require;
(l) create lectureships and other academic posts and offices and make appointments to the lectureships and other academic posts and offices;
(m) hold inaugural and public lectures, print, publish and sell books; and
(n) make gifts for any charitable purpose.
The academic board and its functions
SECTION 10
(1) There is established for each College a management committee which shall consist of all the principal officers of the College.
(2) The Provost shall be the Chairman of the Management Committee.
(3) The Management Committee shall meet at least once in a month to discuss and take decisions on matters of general interest to the College, and its quorum shall be half of its members.
(4) There is a school board for each school in the Colleges, which shall consist of all academic staff in the school.
(5) The School Board shall deal with all academic matters and any other matter of interest to the school or any matter assigned to it by the Council, the Academic Board or the Provost.
(6) The Dean is the Chairman of the School Board, and its quorum shall be half of its members.
(7) The Dean shall be elected from among the academic staff, not below the rank of chief lecturer in that school, for a term of two years, and he may be elected for another term of two years and no more.
(8) There shall be a departmental board for each department in the Colleges which shall consist of all academic staff in that Department.
(9) The Departmental Board shall deal with all academic matters and any other matter of interest to the Department.
(10) The Head of Department shall be the Chairman of the Departmental Board, and the quorum shall be half of its members.
(11) The Head of Department shall be appointed from among the academic staff not below the rank of a principal lecturer in the Department for a term of two years and he may be elected for another term of two years and no more.
(12) If there is no qualified candidate for the position of Dean or Head of Department, the Provost shall appoint an acting dean, not below the rank of senior lecturer or acting head of department not below the rank of lecturer I, for a term of one year in the first instance and the term may be renewed only once.
(13) Nothing in the Act shall prevent the Management Committee, the Departmental Board and the School Board from making supplementary rules to guide their proceedings provided the rules are consistent with the provisions of this Act.
Establishment of the College management committee, school board and departmental board
SECTION 11
(1) There is for the Colleges, a Congregation made up of both Academic and Senior Non- Teaching staff, who hold at least a first degree or its equivalent.
(2) The Provost is the Chairman of the Congregation and the Registrar is the Secretary.
(3) The Congregation shall meet at least once in a year.
(4) The quorum of the Congregation shall be at least half the total number of its members.
(5) The Congregation may regulate its own proceedings and procedures.
Congregation
SECTION 12
Subject to the provisions of this Act, the Minister may give directives, of a general character or that relate generally to matters of policy, to the Council with regards to the performance of its functions under this Act, and the Council shall comply with the directives.
Power of the Minister over Councils
SECTION 13
(1) There is a Provost for each College (in this Act referred to as “the Provost”) who shall be appointed by the Council, in accordance with the provisions of this section.
(2) If a vacancy occurs in the post of Provost, the Council shall –
(a) advertise the vacancy in at least two widely read newspapers in Nigeria, not less than six months before the expiration of the office of the sitting Provost, specifying the- (i) qualities of the person who may apply for the post, (ii) terms and conditions of service applicable to the post, and thereafter draw up a short list of suitable candidates for consideration;
(b) constitute a Search Team consisting of- (i) a member of the Council, who is not a member of the Academic Board, as Chairman, (ii) two members of the Academic Board, not below the rank of chief lecturer or professor, (iii) two members of the academic community of the College, who are not below the rank of principal lecturer or associate professor and not members of the Academic Board, to be selected by the Academic Staff Congregation who identify and draw up a short list of suitable persons who are not likely to apply for the post for any reason whatsoever, and (iv) a senior non-teaching staff, not below the rank of a deputy registrar, who shall serve as member or secretary; and
(c) conduct election to decide acceptability level of the candidates by the College and forward the results, in order of rating to the Joint Council, Academic Board and Congregation Selection Committee, established under sub section (3) provided the score from this exercise does not exceed 5 points
(3) The Council shall constitute a Joint Council, Academic Board and Congregation Selection Committee which shall consist of-
(a) the Chairman of the Council,
(b) two members of the Council, who are not members of the Academic Board,
(c) two members of the Academic Board, not below the rank of chief lecturer, who were not members of the Search Team, and
(d) a senior non-teaching staff, not below the rank of a deputy registrar, who shall recommend the three best candidates in order of performance and rating from the shortlist drawn up under sub section (2) (c).
(4) The Council shall appoint as Provost the candidate that is most suitably qualified and inform the Visitor.
(5) Subject to this Act and the general control of the Council, the Provost is the Chief Executive of the College and shall be charged with general responsibility for matters relating to the management and operations of the Colleges.
(6) The Provost shall hold office for a single term of five years only, beginning with the effective date of his appointment and on the terms and conditions, as may be specified in the letter of appointment.
(7) If on the commencement of this section a Provost appointed before the commencement of this Act has held office for-
(a) less than five years, the Provost shall be deemed to be serving the five-year single term and shall not have right for the renewal of his appointment for a further term of four years;
(b) more than five years and serving the second term of office, be deemed to be serving the last term of office without any further extension.
Office of the provost, functions, appointment and tenure
SECTION 14
(1) The Provost may be removed from office by the Council on grounds of gross misconduct or inability to discharge the functions of the office as a result of infirmity of the body or mind, at the initiative of the Council, Senate or the Congregation after due process.
(2) When the proposal for the removal of the Provost is made, the Council shall constitute a Joint Committee of Council and Academic Board which shall consist of:
(a) three members of the Council, one of whom shall be the Chairman of the Committee;
(b) two members of Academic Board; and
(c) the Registrar, who shall serve as Secretary.
(3) If the ground for the removal is based on infirmity of the body or mind, the Council shall seek appropriate medical opinion to determine the incapacitation of the Provost.
(4) The Committee shall-
(a) conduct investigation into the allegations made against the Provost, and
(b) report its findings to the Council.
(5) The Council may, if the allegations are proved, remove the Provost or apply any other disciplinary action it may deem fit and notify the Visitor accordingly, provided that a Provost who is removed has a right of appeal to the Visitor.
(6) There shall be no Sole Administrator in the Colleges of Education system.
(7) In any case of a vacancy in the office of the Provost, the Council shall appoint a Deputy Provost in an acting capacity on the recommendation of the Academic Board.
(8) An Acting Provost in all circumstances shall not be in office for more than six months.
Tenure and procedure for the removal of provost
SECTION 15
(1) There is for each College, the number of Deputy Provosts, as the Council may deem necessary to appoint for proper administration.
(2) If a vacancy occurs in the post of Deputy Provost, the Provost shall forward to the Academic Board, a list of two candidates for the post of Deputy Provost that is vacant.
(3) The Academic Board shall elect for each vacant post, one candidate from the list forwarded to it under sub section (2) and forward the name to the Council for confirmation.
(4) If the-
(a) Academic Board rejects the two candidates forwarded to it by the Provost under sub section (2), the Provost shall submit another list; and
(b) Council rejects the name sent to it under sub section (3), the Academic Board shall send the name of the other candidate on the list forwarded to it by the Provost under sub section (2).
(5) The Deputy Provost shall-
(a) assist the Provost in the performance of his functions, under this Act;
(b) act in the place of the Provost when the post of the Provost is vacant or if the Provost is, for any reason, absent or unable to perform the functions of Provost; and
(c) perform any other function for the Provost or as the Council may assign to him.
(6) The Deputy Provost-
(a) shall hold office for a term of two years, beginning from the effective date of the appointment and on terms and conditions as may be specified in the letter of appointment;
(b) may be re-appointed for another term of two years and no more; and
(c) may be removed from office for good cause by the Council, acting on the recommendation of the Provost and Academic Board.
(7) For the purpose of this section, “good cause” means gross misconduct or inability to discharge the functions of the office, arising from infirmity of body or mind.
Office of the deputy provost functions appointment tenure and procedure for removal
SECTION 16
There is for each College, other principal officers, in addition to the Provost the- (a) Registrar; (b) Bursar; and (c) Librarian; who shall be appointed by the Council, on the recommendation of the Selection Board, constituted under section 20, (1) (a) – (d) and (2) of this Act.
Other principal officers
SECTION 17
(1) The Registrar shall-
(a) be the Chief Administrative Officer of each College and is responsible to the Provost for the general administrative work and running of each College;
(b) keep all records of staff and students;
(c) conduct and receive all correspondence of Council and Management; and
(d) perform any other function which the Council or Provost may direct.
(2) The Registrar shall, in addition to the other duties conferred on him under this Act, be a secretary to the Council, the Management Committee, Academic Board and any committee of the Council; and in absence of the Registrar, the Council may appoint another person in the registry, to act as secretary.
(3) A Registrar shall hold office for a single term of five years only, beginning from the effective date of the appointment, and on terms and conditions as may be specified in the letter of appointment.
(4) If a Registrar appointed before the commencement of this Act has held office-
(a) for less than five years, the Registrar shall be deemed to be serving his five- year single term and does not have the right to renew the appointment for a further term of five years;
(b) for more than five years and serving his second term of office, the Registrar shall be deemed to be serving the last term of office, without further extension.
Functions of Registrar and tenure
SECTION 18
(1) The Bursar shall be the Chief Financial Officer of each College and is responsible to the Provost for the administration and control of financial affairs of each College.
(2) A Bursar shall hold office for a single term of five years only, beginning from the effective date of his appointment and such terms and conditions as may be specified in his letter of appointment.
(3) If on the commencement of this section, a Bursar appointed before the commencement of this Act has held office for-
(a) less than five years, the Bursar shall be deemed to be serving his five- year single term and does not have right to renew his appointment for a further term of five years; and
(b) more than five years and serving his second term of office, the Bursar shall be deemed to be serving his last term of office, without further extension.
Functions of Bursar and tenure
SECTION 19
(1) The Librarian shall be responsible to the Provost for the administration of each College Library and co-ordination of the library services in the teaching units of each College.
(2) A Librarian shall hold office for a single term of five years only, beginning from the effective date of the appointment and on the terms and conditions as may be specified the letter of appointment.
(3) If, on the commencement of this section a Librarian appointed before the commencement of this Act has held office form-
(a) less than five years, he shall be deemed to be serving the five-year single term and does not have the right to the renew his appointment for a further term of five years;
(b) more than five years and serving the second term of office, the Librarian shall be deemed to be serving his last term of office, without further extension.
Function of College Librarian and tenure
SECTION 20
(1) There is 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 who are not members of the Academic Board;
(d) two members of Academic Board; and
(e) a senior non-teaching staff, not below the rank of a deputy registrar who shall serve as a member or secretary.
(2) The functions, procedures and other matters relating to the Selection Board, constituted under subsection (l) shall be as the Council may determine.
Selection Board
SECTION 21
A principal officer may resign his appointment-
(a) in the case of the Provost, by notice to the Visitor, through the Council; and
(b) in any other case, by notice to the Council.
How a principal officer can resign his appointment
SECTION 22
(1) The Council may appoint other persons to be employees of each College as the Council may determine, to assist the Provost and other principal officers of each College, to perform 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 Colleges, shall be determined by the Council, in consultation with the Federal Ministry of Education and the National Salaries, Incomes and Wages Commission.
Appointment of other staff of the College, who are not principal officers
SECTION 23
The remuneration, tenure of office and Conditions of Service of the Provost and other employees of the Colleges, shall be determined by the Council, in consultation with the Federal Ministry of Education, Revenue Mobilisation, Allocation and Fiscal Commission, National Salaries, Income and Wages Commission.
Remuneration of the provost, other principal officers and other employees
SECTION 24
Service in each College shall be approved service for the purposes of the Pension Reform Act and accordingly, officers and other persons employed in each College, except principal officers, shall, in respect of their services in the Colleges, be entitled to pensions, gratuities and other retirement benefits as prescribed in the Pension Reform Act, so however, that, nothing in this Act, shall prevent the appointment of a person to any office, on terms which precludes the grant of a pension and gratuity in respect of that office. [Act No.4, 2014]
Pension provisions
SECTION 25
Notwithstanding anything to the contrary, as contained in the Pension Reform Act, or any other extant law, the compulsory retirement age of staff of the Colleges is be 65 years. [Act No.4, 2014]
Retirement age for staff of the Colleges
SECTION 26
(1) The Council shall establish and maintain a fund (in this Act referred to as “the Fund”) which shall be applied towards the promotion of the objectives specified in this Act.
(2) There shall be paid and credited to the Fund-
(a) any sum as may be granted to the Colleges by the Government of the Federation;
(b) all monies raised for the purposes of the Colleges 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 other source.
(3) The Council shall submit to the Minister, not later than three months before the end of each financial year or at least, at any other time as the Minister may direct, an estimate of its revenue and expenditure for the succeeding financial year.
Establishment of Colleges of Education Fund
SECTION 27
(1) The Council may accept gifts of land, money or other property, upon the terms and conditions, as may be specified by the person making the gift.
(2) The Council shall not accept any gift if the conditions attached by the person making the gift are inconsistent with the functions of the Council.
Power to accept gifts
SECTION 28
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
SECTION 29
The Council shall, as soon as it may be possible, after the expiration of each financial year, prepare and submit to the Minister, through the Regulatory Commission, a report of its activities during the immediate preceding financial year and shall include in the report, a copy of the audited accounts of the Colleges, for that year and of the Auditor’s report on the accounts.
Audits
SECTION 30
(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, 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 land, offices or premises held by it, which it does not require to perform of its functions.
Office premises
SECTION 31
(1) The Council may make rules, that provide for the Provost to conduct inquiries into alleged breaches of discipline (including lack of diligence) by students and the rules may make different provisions for different circumstances.
(2) The rules shall provide for the procedure and rules of evidence to be followed at inquiries under this section.
(3) Subject to the provisions of sub section (1), if it is proved during the inquiry that a student of any of the Colleges has been found culpable or guilty of misconduct; the Provost may, without prejudice to any other disciplinary powers conferred on the Provost by this Act or any regulations made under this Act, direct that the-
(a) student shall not, during the period as may be specified in the direction, participate in any activity of the Colleges, or make use of the facilities of the Colleges, as the Provost may specify;
(b) activities of the student shall, during such period as may be specified in the directions, be restricted in such manner as may be so specified;
(c) student be suspended for such period as may be specified in the direction; or
(d) student shall be expelled from the College.
(4) If the Provost refuses to apply any disciplinary measure, the Council may, either directly or through another staff, apply any disciplinary action as specified in sub section (3), to a student of any of the Colleges who is guilty of misconduct.
(5) If a direction is given under sub section (3) (c) or (d), in respect of a student, the student may, within 21 days from the date of the letter communicating the decision to the student, appeal against the decision, to the Council, and if the appeal is brought, the Council shall, after causing an inquiry to be made in the matter as the Council considers just, either confirm, set aside or modify the decision in any manner as the Council may deem fit.
(6) The fact that an appeal from a decision is brought under sub section (5), shall not affect the operation of the decision while the appeal is pending, except the Council directs otherwise.
(7) The Provost may delegate powers of the Provost under this section to a disciplinary committee, which consists of the members of any of the Colleges, as the Provost may nominate.
(8) Nothing in this section shall be construed to prevent, restrict or terminate a student’s activity at the Colleges, except, on the grounds of misconduct or cultism.
(9) A direction under sub section (3) (a) may be combined with a direction under sub section (3) (b).
(10) In all cases under this section, the decision of the Council is final, unless it is reversed by the Minister, on an appeal by the student.
(11) There is a committee on Students’ Affairs which shall consist of-
(a) a Deputy Provost as Chairman;
(b) one member of the Council;
(c) the Dean of Students Affairs;
(d) two members of academic staff not below the rank of senior lecturer; and
(e) two representatives of the Students’ Union of the Colleges.
(12) The Committee on Students Affairs is charged with the responsibility to consider any-
(a) matter which relates to the welfare of students;
(b) other matter referred to it by either the Council or Management of the Colleges; and
(c) matter which the students wish to refer to Council which shall be referred through the Management in the first instance.
(13) No decision of a committee of the Council shall have effect unless it is confirmed by the Council.
Discipline of students
SECTION 32
This Act Repeals the Federal Colleges of Education Act, Cap. F8, Laws of the Federation, 2004.
Repeal
SECTION 33
In this Act- “Chairman” means the Chairman of the Council; “College” means any of the Federal Colleges of Education specified in the First Schedule to this Act; “Colleges” shall be construed accordingly; “Congregation” means gathering of senior staff (teaching and non- teaching staff who hold at least a degree or its equivalent) with a view to addressing all matters that affect the interest and welfare of staff of the Colleges; “Council” means the Governing Council of any of the Colleges established under section 4 of this Act; “function” includes powers and duties; “Minister” means the Minister charged with the responsibility for matters relating to Education; “member” means a member of the Council, including the Chairman; “President” the President and Commander-in-Chief of the Armed Forces of the Federal Republic of Nigeria; “Provost” means the Provost of a College, appointed under section 13 of this Act; and “Regulatory Commission” means the National Commission for Colleges of Education.
Interpretation
SECTION 34
This Act may be cited as the Federal Colleges of Education Act, 2023.
Citation
Sections 1(1) and 33
LIST OF FEDERAL COLLEGES OF EDUCATION IN NIGERIA
The Federal Colleges of Education in Nigeria established in section 1 (1) of this Act are as set out in this Schedule-
(a) Federal College of Education, Abeokuta, Ogun State;
(b) Federal College of Education, (Technical) Akoka, Yaba, Lagos State;
(c) Federal College of Education, (Technical) Asaba, Delta State;
(d) Federal College of Education, (Technical) Bichi, Kano State;
(e) Federal College of Education Eha-Amufu, Enugu State;
(f) Federal College of Education, (Technical) Gombe, Gombe State;
(g) Federal College of Education, (Technical) Gusau, Zamfara State;
(h) Federal College of Education, Kano, Kano State;
(i) Federal College of Education, Katsina, Katsina State.
(j) Federal College of Education, Obudu, Cross River State;
(k) Federal College of Education, Okene, Kogi State;
(l) Federal College of Education, (Technical), Omoku, Rivers State;
(m) Alvanlkoku Federal College of Education, Owerri, Imo State;
(n) Federal College of Education, (Special), Oyo Town, Oyo State;
(o) Federal College of Education, (Technical), Potiskum, Y obe State;
(p) Federal College of Education, (Technical), Umunze, Anambra State;
(q) Federal College of Education, Yola, Adamawa State;
(r) Federal College of Education, Zaria, Kaduna State;
(s) Federal College of Education, Jama’are, Bauchi State;
(t) Federal College of Education, Odugbo, Benue State;
(u) Federal College of Education, Isu, Ebonyi State;
(v) Federal College of Education, Ekiadolor, Edo State;
(w) Federal College of Education, Iwo, Osun State;
(x) Federal College of Education, GidanMadi, Sokoto State; and
(y) Federal College of Education, Birniwa, Jigawa State.
Sections 4 (4) and 5(3)
SUPPLEMENTARY PROVISIONS RELATING TO THE COUNCIL
Terms of Service
Remuneration of Council Members
1. There may be paid to the members of the Council or any committee, such remuneration and allowances as may be determined by the Revenue Mobilisation Allocation and Fiscal Commission.
2. Where a vacancy occurs in respect of the membership of the Council of each College specified under section 6 (1)(a), (2)(a), and (3) of this Act, it shall be filled by the appointment of a successor, through the same process, to hold offices for the remainder of the term of office of his predecessor.
3. The Council may act, notwithstanding any vacancy in its membership or any defect in the appointment of a member or the absence of a member.
Proceedings
4. (1) The Council each College shall meet for the conduct of business in the College at the times that it may appoint once in every three months.
(2) The Chairman shall, and at the request in writing of not less than 8 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) If the Council desires to obtain the advice of a person on any particular matter, the Council may co-opt the person who is not a member of the Council, but the person co- opted is not entitled to vote at a meeting of the Council.
(5) The quorum of the Council is a simple majority of the total members of the Council, at least one of whom shall be a member.
(6) Decisions of the Council shall be made on approval by a simple majority of members present at the meeting.
Miscellaneous
5. (1) The affixing of the seal of the College shall be authenticated by the signature of the Chairman, Provost and another member of the Council, authorised generally or specially by the Council to act for that purpose.
(2) Any contract or instrument which, if made executed by a person other than a body corporate, would not be required to be under seal, may be made and executed on behalf of the College by any person, generally or specially authorised to act for that purpose, by the Council.
(3) A 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.
