(2022)
SECTION 1
There is established the Federal Polytechnic, Orogun, Delta State (in this Act referred to as “the Polytechnic”) which shall have such powers and perform such functions conferred on it by this Act. 2 The Polytechnic- a is a body corporate with perpetual succession and a common seal; b may sue and be sued in its corporate name; and c may acquire and dispose of interests in movable and immovable property.
Establishment of the Federal Polytechnic, Orogun, Delta State.
SECTION 2
The Polytechnic shall- a provide full-time and part-time courses of instruction and training to produce middle and high level manpower in- (i) technology, applied science, commerce and management, and (ii) such other fields of applied learning relevant to the needs of the development of Nigeria in the areas of industrial and agricultural production, distribution and for research in the development and adaptation of techniques as the Council may determine; b arrange conferences, seminars and study groups relative to the fields of learning specified under subsection (1) (a); and c perform such other functions as in the opinion of the Council may serve to promote the objectives of the polytechnic. 2 Nothing in this section shall preclude the government of a State or any of its agencies from setting up a polytechnic similar to the Polytechnic established under this Act.
Functions of the Polytechnic.
SECTION 3
There is established for the Polytechnic a Governing Council (in this Act referred to as “the Council”). 2 The Council shall consist of- a a Chairman; b four persons representing a variety of interests and broadly representatives of the whole Federation, at least one of whom shall be a woman; c one person to represent the alumni association of the Polytechnic; d a representative of the community where the Polytechnic is situated; e the Rector; f the Deputy Rectors; g one person representing the Federal Ministry of Education; h two persons, not below the rank of a Chief Lecturer, elected by the Academic Board from among its members; and i three persons, not below the rank of a Senior Lecturer or its equivalent, elected by the Congregation from among its members in which one shall be a non-teaching staff. 3 The Chairman and members of the Council, other than ex-officio members, shall be- a appointed by the President; and b persons of proven integrity, knowledgeable and acquainted with the workings and traditions of the technical and vocational education. 4 Any member of the Council, other than an ex-officio member- a shall hold office for three years at the first instance; and b may be eligible for re-appointment for another three years and no more. 5 The governing structure of the Polytechnic shall consist of- a Governing Council; b Academic Board; c Management Committee; d School Board; and e Departmental Board 6 The supplementary provisions set out in the Schedule to this Act, shall apply, in relation to the Council, the governing structure and other matters specified in the Schedule.
Establishment and composition of the Council.
SECTION 4
The President shall be the Visitor to the Polytechnic. 2 The Visitor shall, at least once in every five years, conduct a visitation of the Polytechnic or appoint a Visitation Panel, consisting of at least five experts, to conduct the visitation for- a the purpose of evaluating the academic and administrative performance of the Polytechnic; and b such other purpose or in respect of other affairs of the Polytechnic as the Visitor may deem fit.
Visitation.
SECTION 5
1 There shall be a Registrar for the Polytechnic who shall- a be responsible to the Rector for the administration of the Polytechnic; and b discharge such other duties as the Council or the Rector may require him to do. 2 The Registrar shall- a be the Secretary to the Council, the Academic Board and any committee of the Council; and b attend all the meetings of those bodies unless excused for good reason by the Chairman of the Council. 3 In the absence of the Registrar, the Chairman of the Council may, after consultation with the Rector, appoint a suitable person to act as Secretary at any particular meeting of the Council. 4 The Secretary to the Council or a person appointed to act under subsection (3), shall not vote on any question before the Council or count towards a quorum unless he is so entitled as a member of the Council.
Registrar of the Polytechnic.
SECTION 6
The Registrar shall hold office- a for a single term of five years beginning from the effective date of his appointment; and b on such terms and conditions as may be specified in the letter of his appointment.
Tenure of office of the Registrar.
SECTION 7
1 Subject to the provisions of this Act, the Council- a shall be the governing body of the Polytechnic; b shall have powers and control over the general management of the affairs of the Polytechnic, and in particular, the property and finances of the Polytechnic; and c may do anything which, in its opinion, is calculated to facilitate the carrying out of the activities of the Polytechnic and promote its best interests. 2 The Council may acquire and hold such movable or immovable property as may be necessary or expedient for carrying into effect the provisions of this Act, and for the same purpose may sell, lease, mortgage or otherwise alienate or dispose of any property so acquired. 3 The Council may enter into such contracts as may be necessary or expedient for carrying into effect the provisions of this Act, 4 The Minister may give to the Council directions of a general character relating to particular matters, but not to any individual person or case, with regard to the performance by the Council of its functions and the Council shall comply with the directions.
Functions of the Council.
SECTION 8
1 There is for the Polytechnic a Rector (in this Act referred to as “the Rector”) who shall be appointed by the President in accordance with the provisions of this section. 2 Where a vacancy occurs in the post of the Rector, the Council shall- a advertise the vacancy, not later than six months to the expiration of the advertise the vacancy, not later than six months to the expiration of the term of the sitting Rector in at least two national newspapers in Nigeria, specifying the- (i) qualifications of the persons who may apply for the post, which shall be a Chief Lecturer in the Polytechnic sector with at least five years of experience on that position among other criteria, and (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, not being a member of the Academic Board, as Chairman, (ii) two members of the Academic Board, not below the rank of a Chief Lecturer, and (iii) two members of the academic staff not below the rank of a Chief Lecturer, to be elected from among its members. 3 A Joint Council, Academic Board and Congregation Selection Board consisting of- a the Chairman of the Council; b two members of the Council not being members of the Academic Board; c. two members of the Academic Board, not below the rank of a Chief Lecturer, who were not members of the Search Team, elected among its members; and shall consider the candidates on the short list drawn up under subsection (2) through an examination of their curriculum vitae and interaction with them and recommend, in order of performance ranking, through the Council, to the President three candidates for his consideration. d two members of the Congregation, not below the rank of a Chief Lecturer, who were not members of the Search Team, elected among its members, 4 The President shall appoint, as Rector, one of the candidates recommended to him under subsection (3). 5 Subject to this Act and the general control of the Council, the Rector is the Chief Executive of the Polytechnic and is charged with general responsibility for matters relating to the administration of the Polytechnic. 6 The Rector shall hold office- a for a single term of five years beginning with the effective date of his appointment; and b on such terms and conditions as may be specified in his letter of appointment. 7 The Rector shall- a have power to exercise general authority over staff; b be responsible for discipline in the Polytechnic; and c have his remuneration determined by the National Salaries, Incomes and Wages Commission.
Rectors.
SECTION 9
1 There shall be for the Polytechnic such number of Deputy Rectors as the Council may deem necessary for the proper administration of the Polytechnic. 2 Where a vacancy occurs in the post of Deputy Rector, the Rector shall forward to the Academic Board a list of two candidates for each post of Deputy Rector that is vacant. 3 The Academic Board shall elect for each vacant post, one candidate from each list forwarded to it under subsection (2) and forward the name to the Council for confirmation. 4 Where the Academic Board rejects the two candidates forwarded to it by the Rector under subsection (2), the Rector shall submit another list. 5 Where the Council rejects the name sent to it under subsection (3), the Academic Board shall send the name of the other candidate on the list forwarded to it by the Rector under subsection (2). 6 The Deputy Rectors shall- a assist the Rector in the performance of his functions; b act in the place of the Rector when the post of Rector is vacant or if the Rector is for any reason absent or unable to perform his functions as Rector; and c perform such other functions as the Rector or the Council may assign to them. 7 The Deputy Rectors shall hold office- a for a single term of four years beginning from the effective date of their appointment; and b on such terms and conditions as may be specified in their letter of appointment.
Deputy Rectors.
SECTION 10
1 There shall be for the Polytechnic the following other principal officers in addition to the Deputy Rectors- a the Registrar; b the Bursar; and c the Librarian, who shall all be appointed by the Council on the recommendation of the Selection Board constituted under section 12 of this Act. 2 The Bursar shall be the Chief Financial Officer of the Polytechnic and is responsible to the Rector for the administration and control of the financial affair of the Polytechnic 3 The Librarian shall be responsible to the Rector for the administration of the Polytechnic library and co-ordination of the library services in the teaching units of the Polytechnic. 4 The Bursar or Librarian shall hold office- a for a single term of five years beginning from the effective date of his appointment; b on such terms and conditions as may be specified in his letter of appointment; and c who has held office for five years or less on the commencement of this Act shall be deemed to have been serving his final term of office.
Other Principal Officers of the Polytechnic.
SECTION 11
A Principal Officer may resign his appointment- a in the case of the Rector, by notice to the Visitor; and b in any other case, by notice to the Council.
Resignation of appointment of Principal Officers.
SECTION 12
1 There is for the Polytechnic, a Selection Board which shall consist of- a the Chairman of the Council; b the Rector; c four members of the council not being members of the academic board; d two members of the Academic Board, not being members of Council and not below the rank of a Chief Lecturer, elected from among its members; and e three members of the Congregation, not below the rank of a Principal Lecturer or its equivalent, elected from among its members in which one shall be a non- teaching staff. 2 The functions, procedure and other matters relating to the Selection Board shall be as the Council may determine.
Selection Board for other Principal Officers.
SECTION 13
1 The Council may appoint such other persons to be employees of the Polytechnic, as the Council may determine, to assist the Rector and principal officers of the Polytechnic in the performance of their functions under this Act. 2 The power to appoint all other employees of the Polytechnic shall be exercised- a in the case of senior employees, by the Council, on the recommendation of the Appointment and Promotions Committee set up under the provisions of paragraph 3 (2) (a) of the Schedule to this Act; b in the case of junior employees, by the Rector, on the recommendation of the Junior Staff Appointment and Promotions Committee constituted under paragraph 3 (2) (b) of the Schedule to this Act. 3 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 in consultation with the Federal Civil Service Commission.
Other employees of the Polytechnic.
SECTION 14
1 The Federal Civil Service Commission may, by order, published in the Federal Government Gazette, declare the office of the Rector or any other person employed by the Council to be a pensionable office for the purpose of the Pension Reform Act. 2 Nothing in the provision of subsection (1) shall prevent the appointment of any person to any office on terms which preclude the grant of a pension or gratuity in respect of service in that office. 3 A law or rule requiring a person to retire from the Public Service after serving for 35 years or having attained the age of 60 years in service, shall not apply to the staff of the Polytechnic. 4 Notwithstanding anything to the contrary contained in the Pension Reform Act, the compulsory retirement age of staff of Polytechnic shall be 65 years.
Pension.
SECTION 15
1 There is established for the Polytechnic a Board (in this Act referred to as “the Academic Board”) which shall consist of- a the Rector of the Polytechnic, as Chairman; b the Deputy Rector(s) of the Polytechnic; c all heads of academic departments and units; d the Polytechnic Librarian; e not more than two members of the academic staff, who are not members of the Academic Board and not below the rank of a Senior Lecturer, elected from among its members and such members shall serve for a non- renewable term of three years; f all Deans and Academic Directors; and g all Chief Lecturers. 2 The Academic Board shall be responsible for- a the direction and management of academic matters of the Polytechnic, including the regulation of admission of students, the award of certificates and diplomas, scholarships, prizes and other academic distinctions; b making periodic reports to the Council on such academic matters as the Academic Board may deem fit or as the Council may direct; and c the performance of any other function which the Council may delegate to it.
Establishment of the Academic Board.
SECTION 16
1 Where it appears to the Council that a member of the Council, other than an ex- officio member or the Rector, should be removed from office on the ground of misconduct or inability to perform the functions of his office, the Council shall make a recommendation through the Minister to the President for approval, and if approved by the President, the Minister shall declare the office of such member or Rector vacant. 2 The Minister may recommend the removal of any member of the Council or Rector to the President if he is satisfied that it is not in the interest of the public or Polytechnic that such a person continues as a member of the Council. 3 In case of vacancy in the office of the Rector, the Council shall appoint an acting Rector who shall be in office for not more than six months. 4 There shall be no sole administrator in the Polytechnic.
Removal of members of the Council or the Rector from Office.
SECTION 17
1 If it appears to the Council that there are reasons to believe that a person employed as a member of the academic, administrative or technical staff of the Polytechnic, other than the Rector, should be removed from office on the ground of misconduct or inability to perform the functions of his office, the Council shall- a give notice of those reasons to the person in question; b afford him an opportunity to make representations in person on the matter to the Council; and c where the person or any three members of the Council so request within a period of one month beginning with the date of the notice, make arrangements for- (i) a joint committee of the Council and the Academic Board to investigate the matter where it relates to an academic staff and to report on it to the Council, (ii) a committee of the Council to investigate the matter where it relates to any other member of staff of the Polytechnic and to report on it to the Council, and (iii) the person in question to be afforded an opportunity to appear before and be heard by the investigating committee with respect to the matter, and if the Council, after considering the report of the investigating committee, is satisfied that the person in question should be removed, the Council may remove him by an instrument in writing signed on the directions of the Council. 2 The Rector may, in a case of misconduct by a member of staff which, in the opinion of the Rector, is prejudicial to the interest of the Polytechnic, suspend such member, and the suspension shall immediately be reported to the Council. 3 For good cause, any member of staff may be suspended from office or his appointment may be terminated by the Council, and for the purpose of this subsection, “good cause” means- a any physical or mental incapacity which the Council, after obtaining medical advice, considers to be such as to render the person concerned unfit for the performance of the functions of his office; b any physical or mental incapacity which the Council, after 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; or d conduct which the Council considers to be such as to constitute failure or inability of the person concerned to perform the functions of his office or to comply with the terms and conditions of his service. 4 Any person suspended under subsection (2) or (3) shall be placed on half pay and the Council shall, before the expiration of the period of three months after the date of the suspension, consider the case against that person and come to a decision 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 reinstate such person, in which case the Council shall restore his full emoluments to him with effect from the date of suspension; c reinstate such person, in which case the Council shall restore his full emoluments to him with effect from the date of suspension; d take such lesser disciplinary action against the person, including the restoration of such proportion of his emoluments that might have been withheld, as the Council may determine. 5 Where the Council, pursuant to 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 three months from such decision, come to a final determination in respect of the case concerning that person. 6 It is the duty of the person by whom an instrument of removal is signed under subsection (1) to use his best endeavours to cause a copy of the instrument to be served as soon as practicable on the person to whom it relates. 7 Nothing in this section shall prevent the Council from making such regulations for the discipline of other categories of staff and employees of the Polytechnic as it may deem fit.
Removal and discipline of academic, administrative and technical staff.
SECTION 18
1 Subject to the provisions of this section, where it appears to the Rector that any student of the Polytechnic has been guilty of misconduct, the Rector may, without prejudice to any other disciplinary powers conferred on him by this Act or regulations made under this Act, direct that the- a student shall not, during such period as may be specified in the direction, participate in such activities of the Polytechnic or make use of the facilities of the Polytechnic, as the Rector may specify; b activities of the student shall, during such period as may be specified in the direction, be restricted in such manner as may be specified; c student be suspended for such period as may be specified in the direction; or d student be expelled from the Polytechnic. 2 Where there is temporarily no Rector or where the Rector refuses to apply any disciplinary measure, the Council, either directly or through some other staff, may apply such disciplinary actions as are specified in subsection (1) to any student of the Polytechnic who is guilty of misconduct 3 Where a direction is given under subsection (1) (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 against the direction to the Council, and where the 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. 4 Where an appeal from a direction is brought under subsection (3) it does not affect the operation of the direction while the appeal is pending. 5 The Rector may delegate his power under this section to a disciplinary committee consisting of such members of the Polytechnic as he may nominate. 6 Nothing in this section shall be construed as preventing the restriction or termination of a student’s activities at the Polytechnic otherwise than on the ground of misconduct. 7 A direction under subsection (1) (a) may be combined with a direction under subsection (1) (b). 8 In all cases under this section, the decision of the Council is final.
Discipline of students.
SECTION 19
1 If any junior staff is accused of misconduct or inefficiency, the Rector may suspend the staff for not more than three months and shall immediately direct the Junior Staff Appointments and Promotions Committee to- a consider the case; and b make recommendations as to the appropriate action to be taken by the Rector. 2 In all cases under this section, the staff shall be informed of the charge against him and shall be given reasonable opportunity to defend himself. 3 The Rector may, after considering the recommendation made under subsection (1) (b), dismiss, terminate, retire or down-grade the staff concerned. 4 A junior staff who is aggrieved by the Rector’s decision under subsection (3) may, within 21 days from the date of the letter communicating the decision to him, address a petition to the Council to consider his case, and the Council’s decision on the matter is final. 5 In any case of gross misconduct on the part of a junior staff, the Rector shall immediately suspend him and thereafter refer the matter to the Junior Staff Appointments and Promotions Committee to be dealt with according to the provisions of this section.
Discipline of junior staff.
SECTION 20
1 The Council shall keep proper accounts and records in relation thereto and shall cause to be prepared, not later than the 1 October in each financial year, an estimate of its revenue and expenditure for the ensuing financial year and when prepared, the estimate shall be submitted to the National Board for Technical Education for approval. 2 At the end of each financial year but not later than the 30 June, the Council shall cause to be prepared a statement of its income and expenditure during the previous financial year. 3 The statement of accounts referred to in subsection (2) shall, when certified by the Rector, be audited by a firm of auditors appointed from the list and in accordance with the guidelines supplied by the Auditor-General for the Federation and shall be published in the annual report of the Polytechnic.
Accounts, records and audit.
SECTION 21
1 There is established for the Polytechnic a Fund (in this Act referred to as (“the Fund”). 2 The Fund shall consist of- a fees charged by, and payable to, the Council in respect of students; b any other amount due to, or recoverable by, the Council; c revenue accruing to the Council from the Federal Government by way of subvention, grant-in-aid, endowment or otherwise; and d donations and legacies accruing to the Council from any source for the special purpose of the Council.
Funds of the Council.
SECTION 22
1 Donations of money to be applied to any particular purpose shall be placed to the credit of a special reserve account approved by the Council and may be expended in fulfillment of such purpose. 2 The Council is not obliged to accept a donation for a particular purpose unless it approves the terms and conditions attached to the donation.
Donations for particular purposes.
SECTION 23
All sums of money received on account of the Council shall be paid into the bank for the credit of the Council as may be approved by the Council.
Payment to bank.
SECTION 24
The Council shall, on or before the 31 December in each year, prepare and submit to the President, through the Minister, a report of its activities during the preceding financial year and shall include in the report the audited accounts of the Polytechnic in respect of that financial year and the auditor’s comments on the account.
Annual report.
SECTION 25
1 The Council may make bye-laws relating to any matter within its competence under, this Act other than matters for which a provision is to be made by standing orders under paragraph 7 of the Schedule to this Act. 2 The bye-laws shall be in writing and shall come into effect when sealed with the seal of the Council unless some other date for their commencement is prescribed. 3 Nothing in subsection (2) makes it obligatory for the Council to publish any of the bye-laws in the Federal Government Gazette but the Council shall bring the bye- laws to the notice of all those affected by it.
Power to make bye-laws.
SECTION 26
1 A person shall not be required to satisfy requirements as to race (including ethnic grouping), sex, place of birth, family origin, religious or political persuasion, as a condition to- a becoming or continuing to be a student at the Polytechnic; b hold any certificate of the Polytechnic; c hold any appointment or employment at the Polytechnic; or d be a member of a body established under this Act 2 A person shall not be subjected to any disadvantage or accorded any advantage in relation to the Polytechnic by reference to any of the matters under subsection (1). 3 The provisions of this section shall not be construed as preventing the Polytechnic from imposing any disability or restriction on any person where the person wilfully refuses or fails on grounds of religious belief to discharge any duty, having regard to its nature and the special circumstances relating to it, which in the opinion of the Polytechnic, is reasonably justifiable in the national interest.
Exclusion of discrimination.
SECTION 27
Subject to paragraph 6 (2) of the Schedule to this Act and any standing order or bye-law made under this Act, the quorum and procedure of anybody of persons established by this Act shall be such as may be determined by that body.
Quorum and procedure of bodies established under this Act.
SECTION 28
In this Act- “Academic Board” means the Academic Board established under section 15 of this Act; “Appointments and Promotions Committee” means a body by that name established under paragraph 3 (2) (a) of the Schedule to this Act; “polytechnic” means the Polytechnic established under section 1 (1) of this Act; established under paragraph 3 (2) (b) of the Schedule to this Act; “Minister” means the Minister charged with responsibility for matters relating to technical education; “President” means the President of the Federal Republic of Nigeria; and “Registrar” means the Registrar of the Polytechnic appointed under section 10 (1) (a) of this Act.
Interpretation.
SECTION 29
This Act may be cited as the Federal Polytechnic, Orogun, Delta State (Establishment) Act, 2022.
Citation.
