FEDERAL UNIVERSITY, GASHUA (ESTABLISHMENT) ACT, 2020

1 There is established the Federal University, Gashua (in this Act referred to as "the University").

2 The University -
a shall be a body corporate with perpetual succession and a common seal; and
b may sue or be sued in its corporate name.

The objects 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 the opportunity of acquiring higher and liberal education;
b provide courses of instruction and other facilities for the pursuit of learning in all its. branches, and to make those facilities available on proper terms to such persons as are equipped to benefit from them;
c encourage and promote scholarship and conduct research in restricted fields of learning and human endeavour;
d relate its activities to the social, cultural and economic needs of the people of Nigeria; and
e undertake other activities appropriate for a university of the highest standard.

1 The University shall consist of-
a Chancellor;
b Pro-Chancellor and a Council;
c Vice Chancellor and a Senate;
d Deputy Vice Chancellors;
e a body to be called Congregation;
f a body to be called Convocation;
g the campuses and colleges of the University;
h the faculties, schools, institutes and other teaching and research units of the University;
i the persons holding the offices constituted by the First Schedule to this Act other than those mentioned in paragraphs (a) to (c); [First Schedule]
j all graduates and undergraduates; and
k 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 mentioned therein. [First Schedule]

3 A provision shall be made by Statute with respect to the constitution of the following bodies the-
a Council;
b Senate;
c Congregation; and
d Convocation.

1 For the carrying out of its objects as specified in section 2 of this Act, the University shall have power to-
a establish such campuses, colleges, faculties, institutes, schools, extra-mural departments and other teaching and research units within the University as may seem necessary or desirable, subject to the approval of the National Universities Commission;
b institute professorships, readerships, associate professorships, lectureships and other posts and offices and to make appointments accordingly,
c institute and award fellowships, scholarships, exhibitions, bursaries, medals, prizes and other titles, distinctions, awards and forms of assistance;
d provide for the residence, discipline and welfare of members of the University;
e hold examinations and award 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;
f award honorary degrees, fellowships or academic titles;
g demand and receive from any student or any other person attending the University for the purpose of instruction such fees as the University may determine, subject to the overall directives of the appropriate authority;
h subject to section 22 of this Act, to acquire, hold, grant, charge or otherwise deal with or dispose of movable and immovable property wherever situate;
i accept gifts, legacies and donations, but without obligation to accept the same for a particular purpose unless it approves the terms and conditions attaching to them;
j enter into contracts, establish trusts, act as trustee, solely or jointly with any other person, employ and act through agents;
k erect, provide, equip and maintain libraries, laboratories, 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;
l hold public lectures and undertake printing, publishing and book selling;
m subject to any limitation or condition imposed by statute, to invest any money appertaining to the University by way of endowment, whether for general or special purposes, and such other money as may not be immediately required for current expenditure, in any investment or security or in the purchase or improvement of land, with power to vary any such investment and to deposit any money for the time being un-invested with any bank on deposit or current account;
n 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 necessary or expedient to borrow or to guarantee any loan, advance or credit facility;
o make gifts for any charitable purpose;
p do anything which it is authorised or required by this Act or by any other Statute to do; and
q 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 of the statutes made under it and without prejudice to section 9 (2) of this Act, the powers conferred on the University by subsection (1) shall be exercisable on behalf of the University by the Council or by the Senate or in any other manner which may be authorised by this Act.

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 for 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.

1 There shall be a Council for the University consisting of-
a the Pro-Chancellor;
b the Vice-Chancellor;
c the Deputy Vice-Chancellors;
d one person from the Federal Ministry responsible for education;
e four persons representing a variety of interests and broadly representative of the whole Federation to be appointed by the President;
f four persons appointed by the Senate from among its members;
g two persons appointed by the Congregation from among its members; and
h one person appointed by Convocation from among its members.

2 Persons to be appointed to the Council shall be persons of proven integrity, knowledgeable and familiar with the affairs and tradition of the University.

1 Subject to the provisions of this Act relating to the Visitor, the Council shall be the governing body of the University and shall be charged with the general control and superintendence of the policy, finances and property of the University, including its public relations.

2 There shall be the Finance and General Purposes Committee of the Council, which shall, subject to the directions of the Council, exercise control over the property and expenditure of the Council as the Council may delegate to it.

3 Provision shall be made by Statute with respect to the constitution of the Finance and General Purposes Committee.

4 The Council shall ensure proper accounts of the University are kept and that the accounts of the University are audited annually by auditors appointed by the Council from the list and in accordance with guidelines supplied by the Auditor-General for the Federation, and that an annual report is published- by the University together with certified copies of the 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 purpose of exercising any of their respective 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 where any rule so made by the Committee conflicts 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 There shall be paid to the members of the Council, the Finance and General Purposes Committee and of any other committee set up by the Council, travelling allowances and other reasonable expenses, at such rates as may be fixed by extant government circulars.

8 The Council shall meet as and when necessary for the performance of its functions under this Act, and shall meet at least four times every year.

9 If required in by five members of the Council, the Chairman shall, within 28 days after the receipt of such request, call a meeting of the Council.

1 Subject to section 5 of the Act and subsections (3) and (4) of this section, and the provisions of this Act relating to the Visitor, it shall be the general function of the Senate to organise and control teaching in the University, admission of students, the discipline of students and to promote research in the University.

2 Without prejudice to the generality of the provisions of subsection (1) of this section, the Senate shall make provision for the-
a establishment, organisation and control of campuses, colleges, faculties, departments, schools, institutes and other teaching and research units of the University, and the allocation of responsibility for different branches of learning;
b organisation and control of courses of study in the University and of the examinations held in conjunction with those courses, including the appointment of examiners, both internal and external;
c award of degrees, and such other qualifications as may be prescribed, in connection with examinations conducted by the University;
d 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 establishment, organisation and control of halls of residence and similar institutions in the University;
f supervision of the welfare of students in the University and the regulation of their conduct;
g granting of fellowships, scholarships, prizes and similar awards that are within the control of the University; and
h determination of what description of dress shall be academic dress for the purposes of the University, and regulating the use of academic dress.

3 The Senate shall not establish any new campus, college, faculty, department, school, institute or other teaching and research units of the University, 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-
a make regulations for the purpose of exercising any function conferred on it either by the provisions of this section or for the purpose of providing for any matter for which provision by regulation is authorised or required by this Act or by Statute; and
b by regulation, provide that at least one of the persons appointed as examiners at each final or professional examination held in conjunction with any course of study in the University is not a teacher at the University but is a teacher at the branch of learning to which the course relates in some other University of high repute.

5 Subject to a 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 on him if after due enquiry he is shown to have been guilty of any dishonorable or scandalous conduct in gaining admission into the University or obtaining that award.

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 5 of this Act, the Pro-Chancellor and any other person for the time being acting as Chairman of the Council.

2 Subject to the provisions of this Act, the Vice-Chancellor shall have general function, in addition to any other function conferred on him by this Act or otherwise, of directing the activities of the University, and shall, to the exclusion of any other person or authority, be the chief executive and academic officer of the University and ex-officio Chairman of the Senate.

1 All property held by or on behalf of the Provisional Council shall vest in the University and be held by it for the purpose of the University.

2 The provisions of the Second Schedule to this Act shall have effect with respect to the transfer of property by this section and to matters arising therefrom and with respect to other matters mentioned in that Schedule. [Second Schedule]

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 any other matter connected with the University;
c regulating the admission of students where it is done by the University, and their discipline and welfare;
d determining whether any particular matter is to be treated as academic or non-academic for the purposes of this Act, any Statute, regulation or other instrument made thereunder; and
e making provision for other matters 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 within the meaning of section 27 (1) of that Act. [Cap. I23 LFN, 2004]

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. [Third Schedule]

4 The power to make Statute 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. [Third Schedule]

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 come into effect until 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 Council, and may be approved as required by subsection (2) by both bodies in no particular order.

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 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 approved by the Council and the Senate in accordance with subsection (3) or in the case of a Statute falling within subsection (4), on the date on which it is approved by the President. [Cap. I23 LFN, 2004]

A statute may be proved in any court by the production of a copy of it bearing or having affixed to it a certificate signed by the Vice- Chancellor or the Registrar to the effect that the copy is a true copy of a Statute of that University.

1 In the event of any doubt or dispute arising at any time as to the meaning of any provision of a Statute, the matter may be referred to the Visitor, who shall take such advice and make such decision on it as he deems fit.

2 The decision of the Visitor on any matter referred to him under this section 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 this section, no question as to the meaning of that provision shall be entertained by any other authority in Nigeria.

3 Nothing in this subsection (2) shall affect the 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.

4 The provisions of this section shall apply in relation to any doubt or dispute as to whether any matter is, for the purposes of this Act, an academic or non-academic as they apply in relation to any doubt or dispute as is mentioned in subsection (1) and accordingly the reference in subsection (2) to any question as to the meaning of any provision of the statute shall include references to any question as to whether any matter is for the purposes, academic or non-academic.

1 The President shall be the Visitor of the University.

2 The Visitor shall, as often as the circumstances may require not being less than once every five years, conduct a visitation of the University or direct that such a visitation be conducted by such persons as the Visitor may deem fit in respect of any of the affairs of the University.

3 The bodies and persons comprising the University shall-
a make available to the Visitor, and to any other persons conducting a visitation under this section, such facilities and assistance as may reasonably be required for the purposes of the visitation; and
b give effect to any instruction consistent with the provisions of this Act which may be given by the Visitor in consequence of the visitation.

1 Where it appears to the Council that a member (other than the Pro- Chancellor or the Vice-Chancellor) should be removed from office on grounds of misconduct or inability to perform the functions of his office, the Council shall make a recommendation to that effect through the Minister to the Visitor and if the Visitor, after making enquiries (if any) as may be considered necessary, approves the recommendation it may direct the removal of the member from office.

2 The Minister shall use his best endeavors to 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.

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, should be removed from office on grounds 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 such person an opportunity of making representation in person on the matter to the Council; and
c take a decision to terminate or not to terminate the appointment.

2 If the affected staff or any three members of the Council so request within a period of one month from the date of receipt of the notice of the Council's decision, the Council shall make arrangements for-
a a joint committee of the Council and the Senate to review the matter and to report on it to the Council; and
b the person in question to be afforded an opportunity to appear before and be heard by an 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 so remove him by an instrument in writing signed on the direction of the Council.

3 The Vice-Chancellor may, in a case of gross misconduct by a member of staff which in the opinion of the Vice-Chancellor is prejudicial to the interest of the University, suspend such member and any such suspension shall immediately be reported to the Council.

4 Any member of staff may be suspended from duty or his appointment may be terminated by the Council for a good cause and, for the purposes of this subsection, "good cause" means-
a conviction for any offence which the Council considers 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, considers to render the person concerned unfit to continue to hold office;
c conduct of a scandalous or disgraceful nature which the Council considers to render the person concerned unfit to continue to hold office; or
d conduct which the Council considers to constitute failure or inability of the person concerned to perform the functions of his office or to comply with the terms and conditions of his service.

5 Any person suspended under subsection (3) shall be on half pay and the Council shall, before the expiration of a period of three months from the date of such suspension, consider the case against that person and come to a decision as to whether to-
a continue the person's suspension and if so on what terms (including the proportion of his emoluments to be paid to him);
b reinstate the person in which case the Council shall restore his full emoluments with effect from the date of suspension;
c terminate the appointment of the person concerned in which case the person will not be entitled to the proportion of his emoluments withheld during the period of suspension; and
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.

6 Where the Council, under this section, decides to continue a person's suspension or decides to take further disciplinary action against the person, the Council shall, before the expiration of three months from the decision, come to a final determination in respect of the case concerning the person. Where the Council, under this section, decides to continue a person's suspension or decides to take further disciplinary action against the person, the Council shall, before the expiration of three months from the decision, come to a final determination in respect of the case concerning the person.

7 The person by whom an instrument of removal is signed under subsection (1) shall use his best endeavors, to cause a copy of the instrument to be served as soon as reasonably practicable on the person to whom it relates.

8 Nothing in this section shall prevent the Council from making regulations for the discipline of staff and workers of the University as may be appropriate.

1 Where, on the recommendation of the Vice-Chancellor, it appears to the Senate that a person appointed as an Examiner for any examination of the University ought to be removed from his office or appointment, then, the Senate may, after affording the Examiner an opportunity of making representations in person on the matter, direct the Vice-Chancellor to remove the Examiner by an instrument in writing signed by the Registrar.

2 Subject to the provisions of any regulation made under section 8 (4) of this Act, the Vice-Chancellor may, on the recommendation of Senate, appoint an appropriate person as Examiner in the place of the Examiner removed.

3 The Registrar shall on signing an instrument of removal under this section, use his best endeavors to cause a copy of the instrument to be served as soon as reasonably practicable on the person to whom it relates.

1 Subject to the provisions of this section, where it appears to the Vice-Chancellor that any student 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 direction, 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 specified;
c student be rusticated for such period as may be specified in the direction; or
d student be expelled from the University.

2 Where a direction is given under subsection (1) (c) or (d) in respect of any student, the student may, within the prescribed period and in the prescribed manner, appeal against the direction to the Senate.

3 Where an appeal is brought under subsection (2), the Senate shall, after causing such inquiry to be made in the matter as the Senate considers just, either confirm or set aside the direction or modify it in any manner as the Senate deems fit.

4 The fact that 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 members of the University as he may nominate.

6 Nothing in this section shall be construed as preventing the restriction or termination of a student's activities at the University for conduct which, in the opinion of Senate, is prejudicial to the interest of the University, to its corporate objective or image.

7 A direction under subsection (1) (a) may be combined with a direction under subsection (1) (b).

1 A person shall not be required to satisfy requirements as to race (including ethnic grouping), sex, place of birth, family origin, religious or political persuasion, as a condition for becoming or continuing to be a-
a student in the University;
b holder of any degree, appointment or employment in the University; or
c member of any body established by virtue of this Act.

2 A person shall not be subjected to any disadvantage or accorded any advantage in relation to the University by reference to any of the matters referred to in subsection (1).

3 Nothing in subsection (1) shall be construed as preventing the University from imposing any disability or restriction on any of the persons specified in subsection (1), where such persons willfully refuse or fail on grounds of religious belief to undertake any duty generally and uniformly imposed on all such persons or any group of them which duty, having regard to its nature and the special circumstances, is in the opinion of the University reasonably justifiable in the national interest.

1 For the purpose of the Land Use Act (which provides for the compulsory acquisition of land for public purposes) any purpose of the University shall be the same as that of the Federation.

2 Where an estate or interest in land is acquired by the Government pursuant to this section, the Government may, by a certificate under the hand and seal of the Chief Federal Lands Officer or any other person authorised in that behalf transfer it to the University. [Cap. L5 LFN, 2004]

1 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 Visitor. [Cap. L5 LFN, 2004]

2 The consent shall not be required in the case of any lease or tenancy at a rack-rent for a term not exceeding 21 years of any lease or tenancy to a member of the University for residential purpose.

Except as may be otherwise provided by Statute or by regulation, the quorum and procedure of any body of persons established by this Act shall be such as may be determined by that body.

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 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 and direct whether or not co- opted members shall be entitled to vote in that committee.

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 dealing with it or of reporting on it to those bodies or any of them.

3 Except as may be otherwise provided by Statute or regulation, the quorum and procedure of a committee established or meeting held under this section shall be such as may be determined by the body or bodies which have decided to establish the committee or hold the meeting.

4 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.

5 Nothing in this section shall be construed as enabling-
a statutes to be made otherwise than in accordance with section 11 of this Act; or
b the Senate to empower any other body to make regulations or to award degrees or other qualifications.

1 The seal of the University shall be such as may be determined by the Council and approved by the Chancellor and the affixing of the seal shall-
a in the case of certificates issued by the University, be authenticated by the Vice- Chancellor and the Registrar; and
b in the case of any other document, be authenticated by any member of Council, the Vice-Chancellor and the Registrar 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 deemed 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 without seal.

4 The validity of the proceedings of any body established pursuant to this Act shall not be affected by-
a any vacancy in the membership of the body;
b any defect in appointment of a member of the body; or
c reason that any person not entitled to do so, took part in the proceedings.

5 Any member of a body who has a personal interest in any matter proposed to be considered by that body shall 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 pursuant to this Act. [Cap. I23 LFN, 2004]

7 The power conferred by this Act on anybody to make statute or regulations shall include power to revoke or vary any -
a Statute (including the Statute contained in the Third Schedule to this Act; or [Third Schedule]
b Regulation by a subsequent Statute or Regulation as the case may be,

and that the Statutes and Regulations may have 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 sections 10, 21, and the Second Schedule to this Act. [Second Schedule]

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.

Where in any of the provisions of this Act, it is laid down that proposals are to be submitted or a recommendation is to be made by one authority to another through one or more intermediate authorities, every such intermediate authority shall forward any proposal or recommendation received by it pursuant to that provision to the appropriate authority, but any such intermediate authority may, if it thinks fit, forward its own comments on it.

In this Act-

“appropriate authority" means any person, body or authority authorised by law to act in a specific or general capacity in relation to a subject matter;

"campus" means any campus which may be established by the University;

"college" means any college which may be established by the University;

"Constitution" means the Constitution of the Federal Republic of Nigeria;

"Government" means the Federal Government of Nigeria;

"graduate" means a person on whom a degree (other than an honorary degree) has been conferred by the University;

“gross misconduct" means any act of misconduct and improper behaviour that may be designated as gross misconduct by any Statute or regulation made, pursuant to this Act.

"Minister" means the Minister charged with responsibility for education;

"misconduct" means any conduct which is prejudicial to the good name of the University or the discipline and proper administration of the business of the University;

"notice" means notice in writing;

"officer" does not include the Visitor;

“prescribed" means prescribed by Statute or regulation made under this Act;

"President" means the President of the Federal Republic of Nigeria;

"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;

"the Provisional Council" means the Provisional Council appointed for the University by the President with effect from September 2011;

“regulations" means regulations made by the Senate or Council;

"Senate" means the Senate of the University established by this Act;

"Statute" means a Statute made by the University under section 11 of this Act and in accordance with the provisions of section 12 of this Act;

"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 in statu pupilari in the University, other than-
(a) a graduate, and
(b) a person of such description as may be prescribed for the purposes of this definition, and

"University" means the Federal University, Gashua as established by this Act.

This Act may be cited as the Federal University, Gashua (Establishment) Act, 2020.