On February 22, this year, The Nation published that no fewer than 52 universities were operating without governing councils with the institutions’ vice chancellors acting arbitrarily, including awarding contracts questionably. The story also indicated that lecturers’ promotions were stalled owing to the development. Out of the 52, owned by the Federal Government, the councils of 42 were dissolved in July last year barely one and a half years to the end of their tenure on July 15, 2025, through a directive by the National Universities Commission (NUC). The remaining 10 universities, which were established in July 2021, are yet to have councils.

The immediate past Minister of Education, Adamu Adamu, inaugurated the 42 Governing Councils of the Federal Universities on July 15, 2021.The councils were, however, dissolved in July 2023 contrary to the Universities (Miscellaneous Provisions) Amendment Act 2012.

Owing to lack of appointment of the councils, there have been agitations by stakeholders to save the university system from further deterioration. According to them, university communities should not have been allowed to remain in the limbo for a long period without any deliberate commitment to reconstitute the councils by the administration that claims to prioritise tertiary education.

Many of the concerned universities without governing councils are already going through one agitation or the other.

Seven months ago, the Federal Government said it would soon reconstitute the governing boards of the universities to reinvigorate them. Speaking at the 27th Convocation Ceremony of the University of Abuja, the Minister of Special Duties and Inter-governmental Affairs, Zephaniah Jisalo, who represented President Bola Tinubu, indicated that the president said the incoming boards would prioritise the implementation of the reports of various visitation panels in the universities.

“Efforts are ongoing to reconstitute the governing councils of the universities to reinvigorate the institutions in line with the renewed hope mandate of my administration.

“When inaugurated, the councils will be expected to commence, immediately, the implementation of the white paper on the reports of the various visitation panels in their respective universities.

“Let it be known that the government will neither accept nor condone any shoddy performance in the implementation of the white paper nor the overall mandate of the new governing councils,” he said.

Recently, the Academic Staff Union of Universities (ASUU) asked the management of the University of Abuja to halt recruitment and promotions until the Federal Government reconstitutes governing councils. At the end of their congress, members of the academic union at the institution declared an indefinite strike over a disagreement bordering on four major issues, including ASUU’s interest in a multi-stakeholder microfinance bank, promotion procedures in the absence of a governing council, ongoing election for faculty deans and alleged illegal appointments.

Chairman of UniAbuja ASUU Branch, Sylvanus Ugoh, said in a communique issued after the congress that the trustees and principal officers in the union’s national leadership have permitted the branch to proceed on an indefinite strike until the demands are addressed. Ugoh said recruitment without due process should be stopped until the governing council is reconstituted.

Last month, Usmanu Danfodiyo University Sokoto ASUU Chapter called on the Federal Government to urgently reconstitute governing council for the institution.

The union said the dissolution of all governing councils by the Federal Government was a violation of the Universities (Miscellaneous Provisions) Act by the government.

A statement by the Chairman of the chapter, Prof. Mohammed Almustapha, reads: “The Nigerian Government’s recent actions on Nigerian universities are denounced by the Academic Staff Union of Universities (ASUU). These acts include: “The arbitrary dissolution of all Federal University Governing councils in June, 2023 by the National Universities Commission following a directive from President Bola Ahmed Tinubu, undermines the established procedures and autonomy of these institutions.

“The government’s unauthorised advertising of vacancies for the offices of Vice Chancellors and other Principal Officers in federal universities also violates proper procedures and threatens the integrity and academic freedom of Nigeria’s public universities, which flagrantly violates Section 3, subsections 1 and 2 of the Universities (Miscellaneous Provisions) Act 1993 (as amended).

“The university law distinctly delineates the composition, roles, and dissolution procedures of the University Governing Councils. It also prescribes the protocol in the event of Council’s absence, particularly regarding the appointment of principal officers. At no point does the law transfer the council’s functions to the minister or the Visitor”.

ASUU: varsities operating illegally

Responding to the agitations from its branches and members, ASUU National body said the absence of governing councils in federal universities in Nigeria makes their activities illegal and poses a great danger to the institutions.

Its president, Prof. Emmanuel Osodeke, lamented that the Bola Tinubu administration in June 2023 dissolved all the governing councils, indicating that it was dangerous and illegal for a university to run without a governing council.

Osodeke said: “The governing councils in all federal universities have been cut off for over five months. These universities are running illegally and the minister has become the governing council. There are many vice-chancellors whose tenures are ending soon and there is no governing council to start the process of recruiting new ones. The government should reconstitute the governing councils to avert the danger of not having councils.

“In all the federal universities, there is no governing council, they were dissolved September 2023, and it is like a deliberate action. Any decision taken by the VC or anyone now is illegal, the university cannot function properly because you need a council to award contracts, conduct employment and other major decisions, but the government seems not to be interested in forming any council.”

Registrars seek reconstitution of councils

The Association of Registrars of Nigerian Universities (ARNU) urged the government to immediately reconstitute the councils of public universities in the country.

They made the call in a communique issued at the end of the second registrars’ workshop and 75th business meeting held in Abuja from April 24 to 26 attended by over 93 registrars from across the country. The communique was jointly signed by ARNU chairman, Mr. Ife Oluwole and the public relations officer, Mr. Yakubu Ayuba.

It urged universities and government to organise regular retreats for principal officers, council members and staff upon their appointments to various positions.

“Some universities in Nigeria, especially federal universities, have not been able to function optimally for the last one year, following the dissolution of their governing councils,” it said.

ARNU also called for a reconsideration of the practice of dissolving councils before the expiration of their statutory tenures.

Coalition faults action

Coalition of Civil Society Organisations in Nigeria (COCSON) said the Federal Government, by the existing laws, has no power to dissolve universities governing councils, unless they are found incompetent or wanting.

They called on President Bola Tinubu to show a worthy example in conformity with the extant laws of the constitution, stating that the present situation where presidential powers are being used to usurp the powers of the university system should be urgently reversed. The COCSON National President, Obiora Chidozie, stated that the university system is currently left hanging without a head and has been subjected to political dictates.

According to him, the recruitment of staff within the universities is now subjected to the whims and caprices of powerful civil servants in Abuja.

He explained that the dissolution has already become inimical and a major setback toward the growth and development of university education in Nigeria barely seven months after, adding that the step taken by the President flagrantly opposed to the provisions of extant laws governing the administration of the universities.

Chidozie said the university system is almost grounded as even promotions, matriculations, and convocations are not held as they should since the Pro-Chancellors and councils are expected to approve the dates, including honorary doctorate and other awards. He added that vice chancellors have to come before civil servants in Abuja for approval.

“The university system in virtually all countries of the world is considered one of the most valuable national institutions. The Nigerian university system has been plagued with tremendous challenges. Across the world, universities are autonomous; they operate where ideas are not clobbered and restricted, but are made to flourish as a place where ideas are allowed to thrive without hindrance. Likewise, led by the Academic Staff Union of Universities (ASUU), the fight has been that our universities must be environments in which teaching, and research, and our students can engage in vibrant exchanges of knowledge between lecturers, students and vice versa.

“Also, public universities in the country must be places where their management can operate under their various committees and achieve results without inviting the political class and elites to intervene. That is why even those who exercise supervision such as Governing Councils all over the world are given free hand to run the system following broad laws and guidelines well established by the government and where necessary, inform the government of their actions.”

Group urges Fed Govt to constitute councils

The International Society for Civil Liberties and Rule of Law (Intersociety) condemned the absence of duly and lawfully constituted Governing Councils in the Nigerian government (federal) universities, polytechnics, monotechnics, Colleges of Education and other degree awarding institutions.

The organisation said this in a report titled: “Absence of governing councils in federal universities, polytechnics and colleges of education: vice chancellors, rectors and provosts now demigods and outlaws”.

It was signed by its principal officers, Emeka Umeagbalasi, Chinwe Umeche, Obianuju Igboeli and Chidinma Udegbunam.

Intersociety regretted that following the unilateral dissolution of Boards and Councils of Federal Agencies, Parastatals and Institutions, including the Governing Councils/Boards of all Federal Government-controlled Degree Awarding Institutions, the 203 degree awarding institutions, have remained without “duly constituted Governing Councils”.

The report stated that situation has made the vice chancellors, rectors and provosts to now become “demigods and outlaws”.

The report partly read: “It is also totally despicable and condemnable for the Government of Nigeria to have unilaterally and dictatorially sacked the Governing Councils of the affected Federal Government Degree Awarding Institutions without recourse to their prescribed office tenures provided in the laid down statutes (.i.e. the Universities (Miscellaneous Provisions) Act of 1993 as amended in 2003 and 2012) and other rules and regulations governing such Degree Awarding Institutions.

“The present Government of Nigeria under Bola Tinubu is hereby called upon to duly constitute the Governing Councils of the affected Degree Awarding Institutions. This must be done as a matter of uttermost immediacy and inexcusability.”

Functions of governing councils

the governing councils are to perform the following functions:

•it is responsible for policy matters, finance and properties of the university

•the council is in charge of the university’s overall management and direction

•it ensures that it works in compliance with its mandate and regulatory rules.

•it approves the university’s annual budget, supervises staff recruitment and promotion

•approves new academic programmes

•ensures that the university functions in accordance with its goal and objectives

•presides over the selection and recommendation of the Vice-Chancellor appointment.

•it operates through other committees with several responsibilities.

•approves the university’s annual budget

•approves new academic programmes

•ensures university functions in accordance with its goal and objectives.

Act

The Universities Miscellaneous Provisions (Amendment) Act 2003, also known as the Universities Autonomy Act, was enacted by the National Assembly and signed into law by President Olusegun Obasanjo on July 10, 2003. It was later gazetted by the Federal Republic of Nigerian Official Gazette No. 10, Volume 94 of 12th January 2007 as Act No. 1 of 2007.

Section 2A, which led to the Principal Act of Section 2(3) of the Amendment Act provides for the tenure of the council.

According to the section, the council shall have a tenure of four years from the date of its inauguration, but 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.

Despite the one ground for dissolution of a council under this Act – if the council is found to be incompetent and corrupt – the Visitor cannot dissolve any council without this requirement being first fulfilled, for if not, the aggrieved council members may challenge such dissolution.

Composition of councils

The composition of each Governing Council of Federal Universities under the Universities

(Miscellaneous Provisions) (Amendment) Act, 2003 remains the same as in the Principal Act, Decree No.11 of 1993. The only insignificant difference is in respect of the opening phrase in the Principal Act: “The Council of any University shall consist of” which is now changed under the Amendment Act to “There shall be a Council for each of the Universities consisting of.” The implication of this appears to be that whereas the Principal Act assumed the continuous existence of the Councils and provided only for their composition, the Amendment Act created the Councils before providing for their composition with the same clause. Under both Acts, the Governing Council of a Federal University shall consist of:

•The Pro-Chancellor;

• The Vice-Chancellor;

• The Deputy Vice-Chancellors;

• One person from the Federal Ministry responsible for Education;

• Four persons representing a variety of interests and broadly representative of the whole

Federation to be appointed by the National Council of Ministers;

• Four persons appointed by the Senate from among its members;

• Two persons appointed by the Congregation from among its members; and

•One person appointed by Convocation from among its members

This membership may be classified in two different ways as follows:

•Ex-officio members and non-ex-officio members; and

•External members and internal members.

The ex-officio members consist of the Vice-Chancellor, Deputy Vice-Chancellors and one person from the Federal Ministry of Education. These are all members of the Council by virtue of their offices. All other members are non-ex- officio members. (The Nation)

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