FEDERAL COLLEGE OF MEDICAL LABORATORY SCIENCE AND TECHNOLOGY, JOS ACT, 2022

Section 24: Removal of staff of the College from office.

2022Section 24 of 37Federal Republic of Nigeria

(1) Where it appears to the Council that there are reasons for believing that a person employed as a member of the academic, administrative or technical staff of the College other than the Provost, 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 of making representations in person on the matter to the Council; and
(c) if he or any three members of the Council so request within the period of one month beginning with the date of the notice, make arrangements-
(i) if he is an academic staff, for a joint committee of the Council and the Academic Board to investigate the matter and report to the Council;
(ii) for a committee of the Council to investigate the matter, where it relates to any other member of staff of the College and report to the Council; and
(iii) for the person in question to be afforded an opportunity of appearing and making presentations before 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 Provost may, in the case of misconduct by a member of staff which in the opinion of the Provost is prejudicial to the interests of the College, suspend the member and the suspension shall immediately be reported to the Council.
(3) 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.
(4) Any person suspended under subsection (2) or (3), 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 the person's suspension and if so on what terms, including the proportion of the emoluments to be paid to him,
(b) reinstate the 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 the person shall not be entitled to the proportion of his emoluments withheld during the period 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,
and 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 the decision come to a final determination in respect of the case concerning any such person.
(5) The person by whom an instrument of removal is signed under subsection (1) shall cause a copy of the instrument to be immediately served on the person to whom it relates.
(6) 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 24, FEDERAL COLLEGE OF MEDICAL LABORATORY SCIENCE AND TECHNOLOGY, JOS ACT, 2022 (2022).

https://repo.podus.ai/laws/federal-college-of-medical-laboratory-science-and-technology-jos-act-2022/section/24/