For many workers in the public service, retirement marks the end of their tenure. But not so for the Rector of the Federal Polytechnic, Bida in Niger State, who has been told to continue in office up to two years after retirement. JUSTINA ASISHANA reports on why ASUP and SSANIP are against that action.
Section 16(4) of the Federal Polytechnics (Amendment) Act, 2019 states that “There shall be no sole administration in any polytechnic in Nigeria” while Section 14(4) of the same Act states that “Notwithstanding anything to the contrary contained in the Pensions Reform Act, the state compulsory retirement age of staff of Polytechnics shall be 65 years.”
The Federal Polytechnics (Amendment) Act, 2019 amended the Federal Polytechnics Act Cap. F17, Laws of the Federation of Nigeria, 2004, among other things, review the retirement age of staff of Federal Polytechnics in Nigeria and harmonise the tenure of the office of the Rector and other principal officers of Federal Polytechnics in Nigeria.
However, this Act seems to have been suspended in the recent re-appointment of Dr. Abubakar Abdul Dzukogi as Rector of the Federal Polytechnic, Bida, for a second tenure after his retirement from service.
A letter from the Federal Ministry of Education signed by the Director, Tertiary Education, Ojo Joel Samuel, with reference number: DHE/POLY.V/C.II/T2/19 dated June 9, 2020 stated that the Rector can continue to run the second term in office after he retires in February 2021.
The letter which was made available to The Nation reads: “RE-APPOINTMENT OF DR. ABUBAKAR ABDUL DZUKOGI AS RECTOR FEDERAL POLYTECHNIC, BIDA, NIGER STATE.
“I write with reference to the earlier letter Ref. No. HME/FME/VOL.I/221 March 4, 2019 on the above subject which notified you of your re-appointment as the Rector for a second and final tenure of four years with effect from May21 2019, and also informing you that the appointment terminates on February 21, 2021 when you attain the mandatory retirement age of 65 years in line with the condition of service in the Polytechnic sector.
“However, in line with the extant provisions, I am directed to convey the approval of the Honourable Minister of Education for you to serve out your second and final term in office which terminates on May 20, 2023. However, you are required to retire from the service with immediate effect as a staff of the institution and continue to run the second term. Failure to do so would mean that you would vacate office on attaining the mandatory retirement age of 65 on February 15, 2021.
“This approval supersedes the letter of March 4, 2019.”
The letter has raised some questions. Workers of the institution are asking whether the newly-Amended Polytechnic Act assented to by President Muhammadu Buhari provides for Sole Administrator in the institution. They also wondered how the National Salaries and Wages Commission would determine his remuneration as stipulated in Section 6(e) of the new Polytechnic Act if the Rector retires as stated by the letter.
The signing of the letter by a director and not the Education Minister Adamu Adamu has also been called to question.
This development has caused tension in the institution, especially as it had been bedevilled with endless crisis in recent times.
ASUP/SSANIP: No room for a Sole Administrator in Bida Poly
The Federal Polytechnic, Bida chapter of the Academic Staff Union of Polytechnic (ASUP) has declared that “there is no room for a Sole Administrator in the Polytechnic Act and therefore unacceptable at the polytechnic.”
It said further that the elongation of the Rector’s tenure after his retirement may cause anarchy in the polytechnic if it happens.
Chairman of the union Comrade Abubakar Dan-Asabe said the letter was an abuse of the law that would not be condoned.
“How can they say he can retire and stay on to serve another two years after his retirement and a sole administrator? The Federal Polytechnics amended Act is very clear over this; there is no room for sole administrator in polytechnics.
“So, after 65 years, who is going to be paying his salary? There are a lot of questions to be asked. Why will the appointment letter be signed by a Director conveying the approval of the Minister? Even the Minister on his own does not have any constitutional power appointing a rector, Vice-Chancellor or provost; it is done by the President. The Minister can only convey the approval of the President.
“Our problem is the abuse of the law; it is an illegality if we allow this to pass. It will affect the credibility of the polytechnic sector,” he said.
Dan-Asabe said ASUP would sue if the Federal Ministry of Education did not address the controversy the letter had generated.
“If the law says he can stay for 10 years after his retirement, we are okay with it. But, for now, what we know is that our constitution did not state that. Our law is clear that after 65 years, staff should retire. If he is given a political appointment after that, we have no problem with it. However, positions should not be politicised in the educational sector.”
The Nation gathered that the national leadership and local chapter of ASUP had written the Minister rejecting a Sole Administrator as Rector in an academic environment that has many qualified academics for the position.
The institution’s chapter of the Senior Staff Association of Nigerian Polytechnics (SSANIP) is also not comfortable with the elongation.
Its secretary, Salihu Al-Mustapha told The Nation there were other people in the Polytechnic who could be Rector.
He said that SSANIP was not okay with the extension letter, adding that the union had not yet filed any case because it was yet to meet at the national level.
“This is a strange case – one that we have never heard of before. This is the problem we are facing in this Polytechnic. What are we talking about and what is the law talking about? Can’t we at least do something right? We are not okay with it at all,” he said.
Other unsettled crisis
Before the letter, there were some pending issues that pitched ASUP against the polytechnic administration — six-month unpaid entitlements and claims; and the illegal recruitment of over 50 workers by the institution.
Before schools were shut by the Federal Government as a result of the COVID-19 pandemic on March 23, lecturers at the polytechnic were on strike over the issues. In January, the union called a strike that lasted for two weeks. The strike was called off because the Etsu Nupe (Emir of Bida and leader of the traditional rulers in Niger State) intervened.
However, the workers resumed the strike when the institution’s administration failed to meet their demands and did not resume until the pandemic forced schools closure.
The union’s grouse about the recruitment of workers was that it did not follow due process. The Nation gathered that the date on the employment letters of the new staff read 2018 but the newbies were asked to go for documentation and resume in 2020.
The crisis got to a point that the polytechnic management suspended ASUP leaders for their stand and the matter was discussed during plenary at the Nation Assembly last November.
The Nation also gathered that the appointment of new workers was still ongoing and the institution now sends them to IPPIS office in Abuja to get captured despite memos sent to institutions that no worker should go to IPPIS office for documentation due to COVID-19 pandemic.
Rector sues for peace
Perhaps, in dire need of support for his second tenure, the Rector has appealed to the various unions to let peace reign.
The management which has been at loggerheads with the unions in recent times seems to have calmed down in order to achieve its aim.
Dzukogi appealed to all members of staff to embrace peace in their activities.
“The price for peace is enormous and we hereby call on all stakeholders, including ASUP-BD, SSANIP and NASU, to join this administration’s development drive to improve the academic standard, provide relevant infrastructure, and promote research and community development for the benefit of all people.
“Without peace, no meaningful development can take place; and this is why we are calling on all stakeholders to put the past behind us and work for the greater good of this institution and our nation,” Dzakogi said in a statement made available to The Nation.
The Public Relations Officer, Husseni Muhammad Enagi, confirmed that the institution was in receipt of the letter and aware that the Rector was staying on after his retirement.
He said there was nothing wrong with the letter, stating that those who opposing it should come out and state categorically why they are against the new development.
Source: thenationonlineng.net
