(2021)
SECTION 1
There is established the Federal University of Education, Kontagora (in this Act referred to as “the University”). 2 The University is a body corporate with perpetual succession and a common seal and may sue or be sued in its corporate name. 3 The University is a training institution for the development of teacher education in the country. 4 The University shall be supervised by the Federal Ministry of Education through the National Universities Commission (NUC) which shall be responsible for approving and regulating all academic programmes run in the University, to ensure quality compliance and provide funds for academic and research programmes, infrastructures and remunerations of employees.
Establishment of the Federal University of Education Kontagora.
SECTION 2
The objective of the University shall be to – a encourage the advancement of learning and to hold out to all persons without distinction of race, creed, sex or political conviction; b develop and offer academic and professional programmes leading to the award of certificates, first degrees, post-graduate diploma and higher degrees with emphasis on planning, developmental and adaptive skills in education, technology, applied science, agriculture, commerce, arts, social science, humanities, management and allied professional disciplines c produce socially matured educated men and women with capabilities to understand the educational needs of Nigeria as a nation, and to exploit existing educational infrastructure and improve on it to develop new ones; d act as agents and catalysts for effective educational system, through post graduate training, research and innovation, for effective economic utilisation and conservation of the country’s human resources; e collaborate with other national and international institutions involved in training, research and development of education with a view to promoting governance, leadership and management skills among educational managers; f identify educational needs of the society with a view to finding solutions to them within the context of overall national development; g provide and promote sound basic education training as a foundation for the development of Nigeria, taking into account indigenous culture and the need to enhance national unity; h to provide higher education and foster a systematic advancement of the science and art of teacher’s education; i to provide for instruction in such branches of teacher’s education as it may deem necessary to make provision for research advancement and dissemination of knowledge in such manner as it may determine; j to provide teachers with operational competence for teaching in pre-tertiary institutions, basic, senior secondary schools and non-formal education institutions; and k to undertake other activities that are appropriate for a university of education of the highest standard.
Objectives of the University.
SECTION 3
1 The University shall consist of- a a Chancellor; b a Pro-Chancellor and a Council; c a Vice-Chancellor and a Senate; d Congregation; e Convocation; f the campuses and colleges of the University; g the colleges, institutes and other teaching and research units of the University; h the persons holding the offices constituted by the First Schedule to this Act other than those mentioned in paragraphs (a) – (c) of this subsection; i all graduates and undergraduates of the University; and j all other persons who are members of the University in accordance with provisions made by statute in that behalf. 2 The First Schedule to this Act shall have effect with respect to the principal officers of the University. 3 Subject to section 6 of this Act provision shall be made by statute with respect to the constitution of the Council, Senate, Congregation and Convocation.
Constitution and Principal Officers of the University.
SECTION 4
1 For the carrying out of its objectives as specified under section 2 of this Act, the University shall have power to – a offer courses of instruction, training and research in education and allied areas for the production of quality and skilled teachers required to teach at lower, middle and higher levels of education in Nigeria in particular and the world at large; schools, b establish such colleges, campuses, institutes, departments and other teaching and research units within the University as may from time to time be deemed necessary or desirable subject to the approval of National Universities Commission; c institute professorships, readerships or associate professorships, lectureships, and other posts and offices and to make appointments thereto; d institute and award fellowships, scholarships, exhibitions, bursaries, medals, prizes and other titles, distinctions, awards or forms of assistance; e provide for the discipline and welfare of members of the University; f hold examinations and grant degrees, diplomas, certificates and other distinctions to persons who have pursued a course of study approved by the University and have satisfied such other requirements as the University may lay down; g grant honorary degrees, fellowships or academic titles; h demand and receive from any student or any other person attending the University for the purposes of instruction, such fees as the University may from time to time determine subject to the overall directives of the Minister; i subject to section 20 of this Act, to acquire, hold, grant, charge or otherwise deal with or dispose of movable and immovable property wherever it is situate; j accept gifts, legacies and donations, but without obligation to accept the same for a particular purpose unless it approves the terms and conditions attached to it; k enter into contracts, establish trusts, act as trustee, solely or jointly with any other person, and employ and act through agents; l erect, provide, equip and maintain libraries, laboratories, workshops, lecture halls, halls of residence, refectories, sports grounds, playing fields and other buildings or things necessary, suitable or convenient for any of the objects of the University; m hold public lectures and undertake printing, publishing and book selling; n subject to any limitation or condition imposed by Statute, to invest any moneys appertaining to the University by way of endowment, not being immediately required for current expenditure in any investments or securities or in the purchase or improvement of land, with power to vary any such investments to deposit any moneys not invested with any bank on deposit or current account; o borrow, whether on interest or not and if need be upon the security of any or all of the property, movable or immovable, of the University, such money as the Council may, in its discretion, find it necessary or expedient to borrow, or to guarantee loans, advances or credit facilities; p make gifts for any charitable purpose; q do anything which it is authorised or required by this Act or by statute to do; and r do all such acts or things, whether or not incidental to the foregoing powers, as may advance the objects of the University. 2 Subject to the provisions of this Act and the Statutes and without prejudice to section 8 (2) of this Act, the powers conferred on the University under subsection (1) are exercisable on behalf of the University by the Council or by the Senate or in many other manner which may be authorised by the statute. 3 The power of the University to establish further campuses and colleges within the University shall be exercisable by statute.
Powers of the University.
SECTION 5
1 The Chancellor shall, in relation to the University, take precedence before all other members of the University, and when he is present, shall preside at all meetings of Convocation held for conferring degrees. 2 The Pro-Chancellor shall, in relation to the University, take precedence before all other members of the University, except the Chancellor and except the Vice-Chancellor when acting as chairman of Congregation or Convocation and the Pro-Chancellor shall, when he is present, be the chairman at all meetings of the Council.
Functions of the Chancellor and Pro-Chancellor.
SECTION 6
1 There established for the University a Government Council (in this Act referred to as “the Council”). 2 The Council of the University shall consist of- a the Pro-Chancellor who shall be appointed by the President on the recommendation of the Minister of Education; b the Vice-Chancellor; c the Deputy Vice-Chancellors; d one person representing the Minister of Education; and e four persons representing a variety of interests and broadly representative of the whole Federation to be appointed from – (i) the Teacher’s Registration Council, (ii) Tertiary Education Trust (TET) Fund, and (iii) two other persons, one of whom shall be a representative of the University host community; f four persons appointed by the Senate from among its members; g two persons appointed by Congregation from among its members; h one person appointed by Convocation from among its members; and i two persons representing the community appointed by the President. j Persons to be appointed to the Council shall be of proven integrity, knowledgeable and familiar with the affairs and tradition of the University. 3 The Council so constituted shall have a tenure of four years from the date of its inauguration provided that where a Council is found to be incompetent and corrupt, it shall be dissolved by the Visitor and a new Council shall be immediately constituted for the effective functioning of the University. 4 The powers of the Council shall be exercised, as in this Act and to that extent establishment circulars that are inconsistent with this Act shall not apply to the University. 5 The Council shall be free in the performance of its functions and discharge of its responsibilities for the good management, growth and development of the University. 6 The Council, in the performance of its functions, shall ensure that disbursement of funds of the University comply with the approved budgetary ratio for – a personnel cost; b overhead cost; c research and development; d library developments; and e the balance in expenditure between academic vis-a-vis non- academic activities.
Establishment, composition, tenure and powers of the Council.
SECTION 7
1 Subject to the provisions of this Act relating to the Visitor, the Council is the governing body of the University and is charged with the general control and superintendence of the policy, finances and property of the University. 2 There shall be a committee of the Council, to be known as the Finance and General Purposes Committee, which shall, subject to the directions of the Council, exercise control over the property and expenditure of the University and perform such other functions of the Council as the Council may from time to time delegate to it. 3 The constitution of the Finance and General Purposes Committee shall be made by statute. 4 The Council shall ensure that proper accounts of the University are kept and that the accounts of the University are audited annually by an independent firm of auditors approved by the Council and that an annual report is published by the University together with certified copies of the said accounts as audited. 5 Subject to this Act and the statutes, the Council and the Finance and General Purposes Committee may each make rules for the purposes of performing any of their functions or of regulating their own procedure. 6 Rules made under subsection (5) by the Finance and General Purposes Committee shall not come into effect unless approved by the Council and rules made by the Committee that conflict with any direction given by the Council, whether before or after the coming into effect of the rules in question, the direction of the Council shall prevail. 7 The members of the Council, the Finance and General Purposes Committee and any other committee set up by the Council, shall be paid allowances in respect of travelling and other reasonable expenses, at such rates as may be fixed by the Minister. 8 The Council shall meet as and when necessary for the performance of its functions under this Act at least three times in every year. 9 If requested in writing by any five members of the Council, the chairman shall within 28 days after the receipt of such request call a meeting of the Council. 10 Any request made under sub-section (9) shall specify the business to be considered at the meeting and no business not so specified shall be transacted at that meeting.
Functions of the Council and its Finance and General Purposes Committee.
SECTION 8
1 Subject to section 6 of this Act, subsections (3) and (4) and other provisions of this Act relating to the Visitor, the Senate shall organise and control the teaching by the University, the admission of students where no other enactment provides to the contrary and the discipline of students and the promotion of research at the University. 2 Without prejudice to subsection (l), the Senate shall make provisions for – a the establishment, organisation and control of campuses, colleges, schools, institutes and other teaching and research units of the University and the allocation of responsibilities for different branches of learning; b the organisation and control of courses of study at the University and of the examinations held in conjunction with those courses, including the appointment of examiners, both internal and external; c the award of degrees, and such other qualifications as may be prescribed in connection with examinations held; d the making of recommendations to the Council with respect to the award to any person of an honorary fellowship, honorary degree or the title of professor emeritus; e the establishment, organisation and control of halls of residence and similar institutions at the University; f the supervision of the welfare of students at the University and the regulation of their conduct; g the granting of fellowships, scholarships, prizes and similar awards in so far as the awards are within the control of the University; and h determining what description of dress shall be academic dress for the purposes of the University, and regulating the use of the academic dress. 3 The Senate shall not establish any new campus, college, school, department, institute or other teaching and research units of the university, or any hall of residence or similar institution at the University without the approval of the Council. 4 Subject to this Act and the statutes, the Senate may make regulations for the purpose of performing any function conferred on it for the purpose of making provision for any matter for which provision by regulations is authorised or required by this Act or by Statute. 5 Regulations shall provide that at least one of the persons appointed as the examiners at each final or professional examination held in conjunction with any course of study at the University, is not a teacher at the University but is a teacher of the branch of learning to which the course relates at some other University of high repute or a person engaged in practicing the profession in a reputable organisation or institution. 6 Subject to right of appeal to the Council from a decision of the Senate under this subsection, the Senate may deprive any person of any degree, diploma or other award of the University which has been conferred upon him if after due enquiry he is found to have been guilty of dishonourable or scandalous conduct in gaining admission into the University or obtaining that award.
Functions of the Senate of the University.
SECTION 9
1 The Vice-Chancellor shall, in relation to the University, take precedence before all other members of the University except the Chancellor and, subject to section 4 of this Act except the Pro-Chancellor and any other person, for the time being, acting as chairman of the Council. 2 Subject to sections 7, 8 and 14 of this Act, the Vice-Chancellor shall have the general function, in addition to any other functions conferred on him by this Act of directing the activities of the University and shall be the Chief Executive and Accounting Officer of the University and ex-officio chairman of the Senate. 3 The Vice Chancellor shall be the chairman of the University Tenders Board, which is saddled with the responsibility of approving the conduct of public procurement of goods, works and services within the approved threshold from time to time. 4 It is the responsibility of the Vice-Chancellor to establish and appoint members of the Tenders Board in line with the extant Public Procurement Rules and Regulations.
Functions of the Vice-Chancellor.
SECTION 10
1 There shall be a general fund of the University which shall consist of the following – a annual appropriation from the Federal government; b grants-in-aid; c fees; d income derived from investments; e gifts, legacies, endowments and donations not accepted for a particular purpose; f income derived from the exercise of any functions conferred or imposed on the University by this Act; g other amounts, charges or dues recoverable by the University; h revenue, from time to time, accruing to the University by way of subvention; i interests on investments; j donations and legacies accruing to the University from any source for the general or special purposes of the University; and k regular Tertiary Education Trust Fund interventions. 2 The general fund shall be applied for the purposes of the University.
General fund of the University.
SECTION 11
1 Subject to this Act, the University may make statutes for- a making provision with respect to the composition and constitution of any authority of the University; b specifying and regulating the powers and duties of any authority of the University, and regulating any other matter connected with the University or any of its authorities; c regulating the admission of students, where no other enactment provides to the contrary, and their discipline and welfare; d determining whether any particular matter is to be treated as an academic or non-academic matter for the purpose of this Act and of any statute, regulation or other instrument made under it; or e making provision for any other matter for which provision by statute is authorised or required by this Act. 2 Subject to section 25 (6) of this Act, the Interpretation Act shall apply in relation to any statute made under this section as it applies to a subsidiary instrument. 3 The statute contained in the Third Schedule to this Act shall be deemed to have come into effect on the commencement of this Act and shall be deemed to have been made under this section by the University. 4 The power to make statutes conferred by this section shall not be prejudiced or limited in any way by reason of the inclusion or omission of any matter in or from the statute contained in the Third Schedule to this Act or any subsequent statute.
Power of the University to make Statutes.
SECTION 12
1 The power of the University to make statutes shall be exercised in accordance with the provisions of this section. 2 A proposed statute shall not become law unless it has been approved at a meeting of the – a Senate, by the votes of not less than two-thirds of the members present and voting; and b Council, by the votes of not less than-two thirds of the members present and voting. 3 A proposed statute may originate either in the Senate or in the Council, and may be approved as required by subsection (2) by either one of those bodies. 4 A statute which – a makes provision for or alters the composition or constitution of the Council, the Senate or any other authority of the University; or b provides for the establishment of a new campus or college or for the amendment or revocation of any statute whereby a campus or college is established, Shall not come into operation unless it has been approved by the Visitor. 5 For the purpose of section 2 (2) of the Interpretation Act, a statute shall be treated as being made on the date on which it is duly approved by the Council after having been duly approved by the Senate, or on the date on which it is duly approved by the Senate after having been duly approved by the Council, as the case may be or, in the case of a statute falling within subsection (4) of this section, on the date on which it is approved by the President. 6 In the event of any doubt or dispute arising at any time as to- a the meaning of any provision of a statute, or b whether any matter, is for the purpose of this Act an academic or non-academic matter, as they relate to such doubt or dispute, the matter may be referred to the Visitor, who shall take such advice and make such decision as he thinks fit. 7 The decision of the Visitor on any matter referred to him under subsection (6) shall be binding upon the authorities, staff and students of the University and where any question as to the meaning of any provision of a statute has been decided by the Visitor under that subsection, no question as to the meaning of that provision shall be entertained by any court of law in Nigeria. 8 Nothing in subsection (7) shall affect any power of a court of competent jurisdiction to determine whether any provision of a statute is wholly or partly void as being ultra vires or as being inconsistent with the Constitution of the Federal Republic of Nigeria.
Mode of exercising power to make Statutes.
SECTION 13
A statute may be proved in any court by the production of a copy bearing or having affixed to it a certificate purporting to be signed by the Vice-Chancellor or the Secretary to the Council to the effect that the copy is a true copy of a statute of the University.
Proof of Statute.
SECTION 14
1 The President shall be the Visitor of the University. 2 The Visitor shall cause a visitation to the University when necessary, at least every five years, or direct that such a visitation be conducted by such person or persons as the Visitor may think fit and in respect of any of the affairs of the University. 3 The bodies and persons comprising the University shall make available to the Visitor and to any other person conducting a visitation in pursuance of this section, such facilities and assistance as he or they may reasonably require for the purpose of a visitation. 4 The Visitor shall make the report of such visitations and white paper thereon available to the Council which shall implement same.
The Visitor.
SECTION 15
1 Where it appears to the Council that a member of the Council, other than the Pro-Chancellor or the Vice-Chancellor, shall be removed from office on the ground of misconduct or inability to perform the functions of his office or employment, the Council shall make a recommendation to that effect through the Minister to the President, and the President, after making enquiries, may approve the recommendation and direct the removal of the person in question from office. 2 The Minister shall cause a copy of the instrument embodying a direction under subsection (1) to be served, as soon as reasonably practicable, on the person to whom it relates.
Removal of certain members of Council.
SECTION 16
1 where it appears to the Council that there are reasons for believing that any person employed as a member of the academic, administrative or professional staff of the University, other than the Vice-Chancellor, shall be removed from his office or employment on the ground of misconduct or of professional inability to perform the functions of his office or employment, the Council shall- a give notice of those reasons to the person in question, b afford the person an opportunity of making representations in person on the matter by the Council, and c afford the person in question 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 be removed, the Council may remove him by an instrument in writing signed on the directions of the Council. 2 The Vice-Chancellor may, in a case of misconduct by a member of staff which in the opinion of the Vice-Chancellor is prejudicial to the interest of the University, suspend the member and such suspension shall immediately be reported to the Council. 3 For good cause, any member of staff may be suspended from his duties or his appointment may be terminated by the Council, and for the purpose of this subsection “good cause” means – a conviction for any offence which the Council considers to be such as to render the person concerned unfit for the discharge of the functions of his office; b any physical or mental incapacity which the Council, after obtaining medical advice, considers to be such as to render the person concerned unfit to continue to hold his office; c conduct of a scandalous or other disgraceful nature which the Council considers to be such as to render the person concerned unfit to continue to hold his office; d conduct which the Council considers to be such as to constitute failure or inability of the person concerned to discharge the functions of his office or to comply with the terms and conditions of his service; or e conduct which the Council considers to be generally of such nature as to render the continued appointment or service of the person concerned prejudicial or detrimental to the interest of the University. 4 Any person suspended pursuant to subsection (2) or (3) shall be on half pay and the Council shall, before the expiration of a period of three months after the date of such suspension, consider the case against that person and come to a decision as whether to – a continue such person’s suspension and if so, on what terms, including the proportion of his emoluments to be paid to him; b reinstate such a person, in which case the Council shall restore his full emoluments to him with effect from the date of suspension; c terminate the appointment of the person, in which case such a person shall not be entitled to the proportion of his emoluments withheld during the period of suspension; or d take such lesser disciplinary action against such person (including the restoration of such proportion of his emoluments that might have been withheld) as the Council may determine. 5 In any case where the Council, under this section, decides to continue a person’s suspension or decides to take further disciplinary action against a person, the Council shall before the expiration of a period of three months from such decision come to a final determination in respect of the case concerning the person. 6 It is the duty of the person by whom an instrument of removal is signed under subsection (1) to cause a copy of the instrument to be served as soon as reasonably practicable on the person to whom it relates. 7 Nothing in this section shall – a apply to any directive given by the Visitor in consequence of any visitation; or b prevent the Council from making regulations for the discipline of other categories of workers of the University as may be prescribed.
Removal and discipline of academic, administrative and professional staff.
SECTION 17
If, on the recommendation of the Senate, it appears to the Vice-Chancellor that a person appointed as an examiner for any examination of the University is to be removed from his office or appointment, then, except in such cases as may be prescribed by the Vice-Chancellor may, after affording the examiner an opportunity of making representations in person on the matter to the Vice-Chancellor, remove the examiner from the appointment by an instrument in writing signed by the Vice-Chancellor. 2 Subject to regulations made under section 8 (5) of this Act, the Vice- Chancellor may, on the recommendation of the Senate, appoint an appropriate person as examiner in place of the examiner removed under subsection (1). 3 The Vice-Chancellor on signing an instrument of removal under this section, to cause a copy of the instrument to be served, as soon as reasonably practicable, on the person to whom it relates
Removal of examiners.
SECTION 18
The students shall – a be represented in the University’s Students Welfare Board and other committees that deal with the affairs of students; b participate in various aspects of curriculum development; c participate in the process of assessing academic staff in respect of teaching; and d be encouraged to be more self-assured as part of the national development process. 2 Subject to the provisions of this section, where it appears to the Vice- Chancellor that any student of the University is guilty of misconduct, the Vice-Chancellor may, without prejudice to any other disciplinary powers conferred on him by statute or regulations, direct that the- a student shall not, during such period as may be specified in the directions, participate in such activities of the University, or make use of such facilities of the University, as may be so specified; b activities of the student shall, during such period as may be specified in the direction, be restricted in such manner as may be so specified; c student be rusticated for such period as may be specified in the direction; or d student be expelled from the University. 3 Where a direction is given under subsection (1) (c) or (d) in respect of any student, that student may, within the prescribed period and in the prescribed manner, appeal to the Council and where such an appeal is brought, the Council shall, after causing such inquiry to be made in the matter as the Council considers just, confirm, set aside the direction or modify it in such manner as the Council deems fit. 4 An appeal from a direction is brought under subsection (2) shall not affect the operation of the direction while the appeal is pending. 5 The Vice-Chancellor may delegate his powers under this section to a disciplinary board consisting of such members of the University as he may nominate. 6 Nothing in this section shall be construed as preventing the restriction or termination of students’ activities at the University otherwise than on the ground of misconduct. 7 A direction under subsection (2) (a) may be combined with a direction under subsection (2) (b).
Participation and discipline of students.
SECTION 19
1 A person shall not be required to satisfy requirements as to race, including ethnic grouping, sex, place of birth or of family origin, or religious or political persuasion, as a condition of becoming or continuing to be a student at the University, the holder of any degree of the University or of any appointment or employment at the University, or a member of any body established by virtue of this Act, and a person shall not be subject to any disadvantage or accorded any advantage in relation to the University, by reference to any of those matters. 2 Nothing in subsection (1) shall be construed as preventing the University from imposing any disability or restriction on any of the persons mentioned in that subsection where such person willfully refuses or fails on grounds of religious belief to undertake any duty generally and uniformly imposed on all such person or any group of them which duty, having regard to its nature and the special circumstances pertaining thereto, is in the opinion of the University reasonably justifiable in the national interest.
Exclusion of discrimination.
SECTION 20
Without prejudice to the provisions of the Land Use Act, the University shall not dispose of or charge any land or an interest in any land, including any land transferred to the University by this Act, except with the prior written consent, either general or special, of the Governor — Provided that such consent shall not be required in the case of any lease or tenancy at a rack-rent for a term not more than 21 years or any lease or tenancy to a member of the University for residential purpose.
Restriction on disposal of land by the University.
SECTION 21
Except as may be provided by statute or regulations, the quorum and procedure of any body of persons established by this Act shall be as determined by that body.
Quorum and procedure of bodies established by this Act.
SECTION 22
1 Any body of persons established by this Act shall, without prejudice to the generality of the powers of that body, have power to appoint committees, which need not consist exclusively of members of that body, and to authorise a committee established by it to – a exercise, on its behalf, such of its functions as it may determine; and b co-opt members. 2 Any two or more such bodies may arrange for the holding of joint meetings of those bodies, or for the appointment of committees consisting of members of those bodies, for the purpose of considering any matter within the competence of those bodies or any of them, and either of dealing with it or reporting on it to those bodies or any of them. 3 Except as provided by statute or regulations, the quorum and procedure of a committee established or meeting held under this section, shall be determined by the body or bodies which have decided to establish the committee or hold the meeting. 4 Nothing under the provisions of subsections (1), (2) and (3) shall be construed as – a enabling the statutes to be made than in accordance with section 1 of this Act; or b enabling the Senate to empower any other body to make regulations for the award of degrees or other qualifications. 5 The Pro-Chancellor and the Vice-Chancellor shall be members of every committee of which the members are wholly or partly appointed by the Council, other than a committee appointed to inquire into the conduct of the officer in question, and the Vice-Chancellor shall be a member of every committee of which the members are wholly or partly appointed by the Senate.
Appointment of committees.
SECTION 23
1 Notwithstanding anything to the contrary in the Pension Reform Act, the compulsory retirement age of the following categories of staff is as follows – a academic staff of the University in the non-professorial cadre is 65 years; b academic staff of the University in the professorial cadre is 70 years; c non-academic staff of the University is 65 years. 2 A law or rule requiring a person to retire from the public service after serving for 35 years shall not apply to an academic staff of the University.
Retirement age of academic staff.
SECTION 24
An academic staff of the University who retires as a Professor in the University is entitled to pension at a rate equivalent to his annual salary provided that the Professor has served continuously in the University up to the retirement age.
Special provisions relating to pension of professors.
SECTION 25
The seal of the University shall be determined by the Council and approved by the Chancellor, and the affixing of the seal shall be authenticated by any member of the Council and by the Vice-Chancellor, Secretary to the Council or any other person authorised by statute. 2 Any document purporting to be a document executed under the seal of the University shall be received in evidence and shall, unless the contrary is proved, be presumed to be so executed. 3 Any contract or instrument which if made or executed by a person not being a body corporate would not be required to be under seal, may be made or executed on behalf of the University by any person generally or specially authorised to do so by the Council. 4 The validity of any proceeding of any body established under this Act shall not be affected by any vacancy in the membership of the body, or by any defect in the appointment of a member of the body or by reason that any person not entitled to do so took part in the proceeding. 5 A member of any body who has a personal interest in any matter proposed to be considered by that body shall immediately disclose his interest to the body and shall not vote on any question relating to that matter. 6 Nothing in section 12 of the Interpretation Act, which provides for the application in relation to subordinate legislation of certain incidental provisions, shall apply to statutes or regulations made under this Act. 7 The power conferred by this Act on any body to make statutes or regulations shall include power to revoke or vary any statute, including the statute contained in the Third Schedule of this Act, or any regulation by a subsequent statute or, by a subsequent regulation, statutes or regulations, may make different provisions in relation to different circumstances. 8 No stamp or other duty shall be payable in respect of any transfer of property to the University by virtue of section 20 or 28 of this Act or the Second Schedule to this Act. 9 Any notice or other instrument authorised to be served by virtue of this Act may, without prejudice to any other mode of service, be served by post.
Miscellaneous and administrative provisions.
SECTION 26
1 No legal proceeding shall be instituted or commenced against the University or any of its agents in the course of their official duties unless a three months pre-action notice of such intention is served on the University by an aggrieved party. 2 The notice shall state the reason and the cause of action intended to be taken against the University, the particulars of the claim, the name and place of abode of the intending plaintiff and the relief which he claims. 3 No suit shall be commenced against an officer or servant of the University, in any case where the University is vicariously liable for any alleged act, neglect or default of the officer or servant in the performance or intended performances of his duties, unless three months has elapsed after written notice of intention to commence the same has been served on the University by the intending plaintiff or his agent. 4 In any suit against the University, no execution, attachment or process in the nature shall be issued against the University, but any sums of money which may by judgment of the court awarded against the University shall, subject to any direction given by the court where notice of appeal has been given by the University in respect of the said judgment, be paid by the University from its general fund. 5 Service of notices upon the University of any notice, order or other document may be effected by delivering the same or by sending it by registered post addressed to the Registrar and Secretary of the Council.
Restriction of suits and execution.
SECTION 27
Paragraph (f) of the Federal Colleges of Education Act, Cap. F8, Laws of the Federation of Nigeria, 2004, is repealed.
Repeal.
SECTION 28
1 The statutory functions, rights, interests, obligations, liabilities and properties of the Federal College of Education, Kontagora, existing before the commencement of this Act under any contract, instrument, or in law or in equity, shall by virtue of this Act be deemed to have been assigned to and vested in the University established under this Act to the extent that they are not inconsistent with any of the provisions of this Act. 2 All property held by or on behalf of the Provisional Council of the University shall, by virtue of this sub-section and without further assurance, vest in the University and be held by it for the purpose of the University. 3 The provisions of the Second Schedule to this Act shall have effect with respect to, and to matters arising from, the transfer of property by this section and with respect to the other matters mentioned in that Schedule.
Savings and transitional provisions.
SECTION 29
Where in any provision of this Act it is laid down that the proposals are to be submitted or a recommendation is to be made by one authority or another through one or more intermediate authorities, it shall be the duty of every such intermediate authority to forward any proposal or recommendation received by it under that provision to the appropriate authority, but any such intermediate authority may, if it deems fit, forward same with its own comments.
Proposal and recommendation
SECTION 30
In this Act – ‘campus” means any campus which may be established by the University; “college” means the College established pursuant to section 4 (1) (b) of this Act for the University; “Council” means the Governing Council of the University constituted under section 6 of this Act; “functions” includes powers and duties; “graduate” means a person on whom a degree, other than an honorary degree, has been conferred by the University and any other person as may be designated as a graduate by the Council, acting in accordance with the recommendation of the Senate; “Minister” means the Minister of Education; “notice” means notice in writing; “officer” does not include the Visitor; “prescribed” means prescribed by statute or regulations; “Professor” means a person designated as a professor of the University in accordance with provisions made in that behalf by statute or by regulations; “property” includes rights, liabilities and obligations; “provisional council” means the provisional council appointed for the University; ‘regulations” means regulations made by the Senate or the Council; “Senate” means the Senate of the University established under section 3 (1)(c) of this Act; “school” means a unit of closely related academic programmes; “Statute” means a statute made in accordance with the provisions of section 11 of this Act, and “the statutes” means all such statutes as are in effect from time to time; “teacher” means a person holding a full-time appointment as a member of the teaching or research staff of the University; “undergraduate” means a person registered as a student undergoing a course of study for a first degree of the University or such other course in the University as may be approved by the Senate as qualifying a student undergoing it for the status of an undergraduate; “university” means Federal University of Education, Kontagora established under section 1 of this Act.
Interpretation.
SECTION 31
This Act may be cited as the Federal University of Education, Kontagora (Establishment) Act, 2021.
Citation.
