FEDERAL COLLEGE OF DENTAL TECHNOLOGY AND THERAPY (ESTABLISHMENT) ACT

Section 23: Removal of Staff of the College from Office.

2017Section 23 of 34Federal Republic of Nigeria

(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 technical staff of the College, 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; and
(b) afford him an opportunity of making representations in person on the matter to the Council within a specific period of time.
(2) If the person in question is an administrative staff, he may request in writing that a committee of the Council be constituted to conduct a Joint Investigation of the reasons for the removal with the Administrative Board of the College, and the Joint Investigation Committee shall submit its report to the Council within one month of constituting the joint investigation committee and the decision of the Council on the matter shall be final.
(3) If the person in question is an academic staff, he may request in writing that a committee of the Council be constituted to conduct a joint investigation of the reasons for the removal with the Academic Board of the College, and the Joint Investigation Committee shall submit its report to the Council within one month of constituting the joint investigation committee and the decision of the Council on the matter shall be final; and
(4) If the person in question is a technical staff, he may request in writing that a committee of the Council be constituted to conduct a joint investigation of the reasons for the removal with the Technical Board of the College, and the Joint Investigation Committee shall submit its report to the Council within one month of constituting the joint investigation committee and the decision of the Council on the matter shall be final.
(5) Three members of the Council may request that a committee of the Council be constituted to conduct a joint investigation of the reasons for the removal with the Administrative Board, Academic Board or Technical Board of the College depending on category of the person sought to be removed, notwithstanding that the person sought to be removed did not make such request, and the Joint Investigation Committee shall submit its report to the Council within one month of constituting the Joint Investigation Committee and the decision of the Council on the matter shall be final.
(6) The Rector may, in the case of misconduct by a member of the staff which, in the opinion of the Rector, is prejudicial to the interests of the College, suspend such member and any such suspension shall be reported to the Council.
(7) A member of staff may be suspended from office for good cause 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 advice from a panel of two medical experts constituted by the Council, 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 obtaining medical advice from a panel of two medical experts constituted by the Council, considers to be such as to render the person concerned unfit to continue to hold his office;
(c) conduct of a scandalous or 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 discharge the functions of his office or to comply with the terms and conditions of service.
(8) Any person suspended pursuant to subsection (5) or (6) of this section, shall be placed on half pay and the Council shall, before the expiration of the 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 the 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) terminate the appointment of the person in question, 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, and in any case 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 a period of three months from such decision, come to a final determination in respect of the case concerning any such person.
(9) The person by whom an instrument of removal is signed under subsection (1) shall use his best endeavours to cause a copy of the instrument to be served as soon as reasonably practicable on the person to whom it relates.
(10) Nothing in this section shall prevent the Council from making such regulations for the discipline of other categories of staff and workers of the College as it may deem fit.

Cite this section

Section 23, FEDERAL COLLEGE OF DENTAL TECHNOLOGY AND THERAPY (ESTABLISHMENT) ACT (2017).

https://repo.podus.ai/laws/federal-college-of-dental-technology-and-therapy-establishment-act/section/23/