FEDERAL UNIVERSITY OF HEALTH SCIENCES, AZARE (ESTABLISHMENT) ACT 2022
Section 1: Establishment of the Federal University of Health Sciences, Azare, Bauchi State.
(1) There is established the Federal University of Health Sciences, Azare, Bauchi State (in this Act referred to as "the University").
(2) The University shall be a body corporate with perpetual succession and a common seal and may sue and be sued in its corporate name.
Section 2: Objects and purpose of the University.
(1) The objects of the University are 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 a higher education in medical and other health sciences;
(b) develop and offer academic and professional programs leading to the award of diplomas, first degrees, postgraduate research and higher degrees with emphasis on planning, adaptive, technical, maintenance, developmental and productive skills in the field of medicine, biomedical engineering, scientific, and allied professional disciplines relating to health resources with the aim of producing socially mature persons with capacity not only to understand, use and adapt existing technologies in the health industry, but also to improve on those disciplines and develop new ones, and to contribute to the scientific transformation of medical and other health practices in Nigeria;
(c) act as agents and catalysts, through postgraduate training, research and innovation for the effective and economic utilisation, exploitation and conservation of Nigeria's natural, economic and human resources;
(d) offer to the general population, as a form of public service, the results of training and research in medicine and allied disciplines and to foster the practical application of those results;
(e) establish appropriate relationships with other national institutions involved in training, research and development of health care;
(f) identify the health problems and needs of Nigeria and to find solutions to them within the context of overall national development;
(g) provide and promote sound basic scientific training as a foundation for the development of medical and allied disciplines, taking into account indigenous culture, the need to enhance national unity, the need to vastly increase the practical content of student training, and adequate preparation of graduates for self-employment in medical and allied professions;
(h) promote and emphasise teaching, research and extension of health knowledge, including health extension services and outreach programs, in-service training, continuing education, and adaptive research;
(i) offer academic programs in relation to the training of manpower for medical and allied profession in Nigeria;
(j) organiee research relevant to training of manpower and health technology;
(k) organise extension services and outreach programs for technology transfer;
(l) establish institutional linkages in order to foster collaboration and integration of training, research, and extension activities; and
(m) undertake other activities appropriate for a university of health sciences.
(2) The University has the mandate to-
(a) teach and train high caliber health care professionals;
(b) provide healthcare services and consultancy;
(c) conduct research and participate in extension, outreach and community services;
(d) operate various schools and specialties that offer exemplary training and quality research in health care;
(e) facilitate the acquisition of knowledge and skills in different specialties for effective and efficient management of health care;
(f) provide solution to the lack and the inequitable distribution of health professionals serving rural communities;
(g) train clinically, competent and socially conscious health workers who will stay and serve in depressed and undeserved communities especially in the rural areas of Nigeria;
(h) develop a training model for the training of community oriented health workers that could be replicated in other areas of Nigeria;
(i) facilitate collaboration and enhancement of health sciences research and education endeavours;
(j) advance the national and international reputation as the premier university for health sciences education and research in Nigeria;
(k) advise and report regularly to the ministry of education on all matters relevant to the health sciences sector and its education and research programs;
(l) work collectively on common health academic issues and their implementation;
(m) provide management support for education and research across the health sciences sector;
(n) promote inter-professional education across all health professional programs and optimise the resources to do so; and
(o) ensure that the health sciences sector is adequately and appropriately represented at all levels of university governance.
Section 3: Composition of the University.
(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) the Congregation;
(f) the Convocation;
(g) campuses and colleges of the University;
(h) schools, institutes and other teaching and research units;
(i) persons holding the offices constituted by the First Schedule to this Act other than those mentioned in paragraph (a) to (d); [First Schedule]
(j) all graduates and undergraduates of the University; 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 in it. [First Schedule]
(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.
Section 4: Powers of the University and their exercise.
(1) For the carrying out of its objects under section 2, the University has power to-
(a) establish such campuses, colleges, institutes, schools, extramural departments and other teaching and research units within the University as may be deemed necessary or desirable, subject to the approval of the Federal Ministry responsible for education;
(b) institute professorships, readerships or associate professorships, and other posts and offices and to make appointments to them;
(c) institute and award fellowships, scholarships, exhibitions, bursaries, medals, prizes and other titles, distinctions, awards and other forms of assistance;
(d) provide for the discipline and welfare of members of the University;
(e) 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 prescribe;
(f) grant 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 Minister;
(h) subject to section 24 of this Act, 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 it;
(j) enter into contracts, establish trusts, act as trustee, solely or jointly with any other person, and 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 or suitable or convenient for any of the objects of the University;
(l) hold public lectures and to undertake printing, publishing and book- selling;
(m) subject to any limitations on conditions imposed by Statute, invest any money appertaining to the University by way of endowment, not being immediately required for current expenditure, in any investments or securities or the purchase or improvement of land, with power to vary any such investments and to deposit any money for the time being not invested with any bank on deposit or current account;
(n) borrow, whether on interest or not 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 any loan, advances or credit facilities;
(o) do anything which it is authorised or required by this Act or Statute to do; and
(p) do all acts or things, incidental to its powers, as may advance the objects of the University.
(2) Subject to the provisions of this Act and of the Statutes 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 Statute.
(3) The power of the University to establish further campuses and colleges within the University shall be exercisable by Statute and not otherwise.
Section 5: Functions of the Chancellor and Pro- Chancellor.
(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, the Pro- Chancellor shall, when he is present, be the Chairman at all meetings of the Council.
Section 6: Establishment and composition of the Council.
There is established the Governing Council of the University (in this Act referred to as "the Council") which shall consist of-(a) the Pro-Chancellor;
(b) the Vice-Chancellor;
(c) the Deputy Vice-Chancellor;
(d) one person from the 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 Congregation from among its members; and
(h) one person appointed by Convocation from among its members.
Section 7: Functions of the Council and its Finance and General Purposes Committee.
(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, finance 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 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 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 shall be 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 regulating their own procedure.
(6) Rules made under subsections (5) by the Finance and General Purposes Committee shall not come into effect unless approved by the Council, and any rule made by the Committee that 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 respectively and of any other committee set up by the Council an allowance 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 and shall meet 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 subsection (9) shall specify the business to be considered at the meeting and a business not so specified shall not be transacted at the meeting.
Section 8: Functions of the Senate of the University.
(1) Subject to subsections (3) and (4), and the provisions of this Act relating to the Visitor, the Senate shall organise and control the teaching by the University, the admission, where no other enactment provides to the contrary, of students and the discipline of students, and to promote research at the University.
(2) Without prejudice to subsection (1), it shall in particular be the function of the Senate to make provision for-
(a) the establishment and organisation and control of campuses, colleges, schools, institutes and other teaching and research units of the University and allocation of responsibility for different branches of learning;
(b) the 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) 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 or 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 without the approval of the Council.
(4) Subject to this Act and Statutes, the Senate may make regulations for the purpose of exercising any function conferred on it either this section or otherwise or for the purpose of making provisions 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, as may be prescribed by the Senate, 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 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 upon him if after due enquiry he is shown to have been guilty of dishonourable or scandalous conduct in gaining admission into the University or obtaining that award.
Section 9: General Fund of the University.
(1) There shall be a general Fund for the University which shall consist of-
(a) annual budgetary allocation by the Federal Government through appropriation by the National Assembly;
(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, accruing to the University by way of subvention;
(i) interests on investments; and
(j) donations and legacies accruing to the University from any source for the general or special purposes of the University.
(2) Pursuant to subsections (1), the University shall not later than 30 September in each financial year prepare and forward to the Minister for presentation to the National Assembly for approval a statement of estimated income and expenditure to augment subsections (1).
Section 10: Functions of the Vice-Chancellor.
(1) The Vice-Chancellor shall, in relation to the University, take precedence before all other members of the University, except the Chancellor, and any other person for the time being acting as chairman of the Council.
(2) Subject to sections 8, 10, and 15 of this Act, the Vice-Chancellor shall, in addition to other functions conferred on him by this Act or otherwise, direct the activities of the University and shall be the chief executive and academic officer of the University and ex-officio Chairman of the Senate.
Section 11: Transfer of property to the University.
(1) All property held by or on behalf of the Provisional Council of the University shall, by virtue of this subsections, 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, and to matters arising from, the transfer of property by this section and with respect to the other matters mentioned in that Schedule. [Second Schedule]
Section 12: Powers of the University to make Statutes.
(1) Subject to this Act, the University may make Statutes for-
(a) 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 purposes of this Act and of any Statute, regulation or other subsidiary instrument made under it; or
(e) any other matter for which provision by Statute is authorised or required by this Act.
(2) Subject to section 28 (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 12 (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 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. [Third Schedule]
Section 13: Mode of exercising power to make Statutes.
(1) The power of the University to make Statutes shall be exercised in accordance with the provisions of this section and not otherwise.
(2) A proposed Statute shall not become law unless it has been approved at a meeting of the-
(a) Senate, by the votes of at least than two-thirds of the members present and voting; and
(b) Council, by the votes of at least 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 subsections (2) by either one of those bodies before the other.
(4) A Statute which makes provision for or alters the composition or constitution of the Council, the Senate or any other authority of the University shall not come into operation unless it has been approved by the President.
(5) For the purposes of section 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 approved by the Senate, as the case may be 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]
(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 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 shall think fit.
(7) The decision of the Visitor on any matter referred to him under subsections (6) shall be final and 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 subsections, the question as to the meaning of that provision shall not be entertained by any court of law in Nigeria.
(8) Nothing in subsections (7) shall affect any power of a court of competent jurisdiction to determine whether any provision of a Statute is wholly or partially void as being ultra vires or as being inconsistent with the Constitution of the Federal Republic of Nigeria. [Cap. C23, LFN, 2004]
Section 14: Proof of Statutes.
A statute may be proved in any court by the production of a copy bearing 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.
Section 15: The Visitor.
(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 person or persons as the Visitor may deem 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 under this section, such facilities and assistance as he or they may reasonably require for the purposes of a visitation.
Section 16: Removal of certain members of Council.
(1) If it appears to the Council that a member of the Council, other than the Pro- Chancellor or the Vice-Chancellor, should 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 after making such enquiry, if any, as may be considered appropriate, and if the President approves the recommendation he may direct the removal of the person in question from office.
(2) The Minister to use his best endeavor 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.
Section 17: Removal and discipline of academic, administrative and professional staff.
(1) If 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 Vice-Chancellor, should be removed from his office or employment on the ground of misconduct or of inability to perform the functions of his office or employment, the Council shall-
(a) give notice of those reasons to the person in question; afford him an opportunity of making representations in person on the matter;
(b) appoint a Staff Disciplinary Committee; and
(c) if the Council, after considering the report of the Staff Disciplinary 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 Vice-Chancellor may, in case of misconduct by a member of staff, which in the opinion of the Vice-Chancellor is prejudicial to the interests of the University, suspend such member and any such suspension shall forthwith 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 purposes 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 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 under 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) re-instate such 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 such 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 as 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) The person by whom an instrument of removal is signed under subsections (1) shall use his best endeavor 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.
Section 18: Procedures for staff discipline.
(1) The Vice-Chancellor or Senate shall constitute an Investigating Panel to determine whether or not a prima facie case has been established against any member of staff.
(2) The Investigating Panel shall include the President or the Chairman of the union to which the staff being investigated belongs.
(3) The Vice-Chancellor shall constitute a Staff Disciplinary Committee, which shall consist of such members of the Senate as he may determine, to consider the report of the Investigating Panel.
(4) The report and recommendation of the Staff Disciplinary Committee shall be forwarded to the Council for consideration and decision.
Section 19: Appointment of external examiners.
The Senate shall appoint external examiners.
Section 20: Removal of examiners.
(1) 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 ought to be removed from his office or appointment, then except in such cases as may be prescribed, 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 office or 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 subsections (1).
(3) The Vice-Chancellor shall sign an instrument of removal under this section, and use his best endeavor to cause a copy of this instrument to be served as soon as is reasonably practicable on the person to whom it relates.
Section 21: Retirement age of academic staff.
(1) Notwithstanding anything to the contrary in the Pensions Reform Act, the compulsory retiring age of an academic staff in the professorial cadre of a University shall be 70 years, and other academic staff is 65 years. [Act No. 4, 2004]
(2) A law or rule requiring a person to retire from the public service after serving for 35 years or 65 years whichever comes first shall not apply to an academic staff of the University.
Section 22: Discipline of students.
(1) 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, in consultation with the Senate and, without prejudice to any other disciplinary power 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 so 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 subsections (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 or set aside the direction or modify it in such manner as the Council deems fit.
(3) The fact that an appeal from a direction is brought under subsections (2) shall not affect the operation of the direction while the appeal is pending.
(4) The Vice-Chancellor may delegate his powers under this section to a Disciplinary Committee consisting of such members of the University as he may nominate.
(5) Nothing in this section shall be construed as preventing the restriction or termination of a student's activities at the University otherwise than on the ground of misconduct.
(6) Without prejudice to the provision of subsection (1), nothing shall prevent the Vice- Chancellor from taking an immediate disciplinary action against a student where he thinks fit, and report to the Senate.
(7) A direction under subsections (1) (a) may be combined with a direction under subsections (1) (b).
(8) No staff or student shall resort to a law court without proof of having exhausted the internal avenues for settling disputes or grievances or for seeking redress.
(9) The Visitor shall be the final arbiter on staff and student discipline, and his decision shall not be contestable in any court of law in Nigeria.
(10) Nothing in this section shall affect any power of a court of competent jurisdiction to enforce the fundamental right of any aggrieved citizen as enshrined in the Constitution of the Federal Republic of Nigeria. [Cap. C23, LFN, 2004]
Section 23: Exclusion of discrimination.
(1) No person shall be required to satisfy the requirements as to race, including ethnic grounding, sex, place of birth, family origin, 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 no person shall be subjected to any disadvantage or accorded any advantage in relation to the University, by reference to any of those matters.
(2) Nothing in subsections (1) shall be construed as preventing the University from imposing any disability or restriction on any of the persons where such person willfully refuses or fails 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 circumstance pertaining to it, is in the opinion of the University reasonably justifiable in the national interest.
Section 24: Restriction on disposal of land by the University.
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 either with the prior written consent either general or special, of the President:
Provided that such consent shall not be required in the case of any lease or tenancy at a rack-rent for a term not exceeding 21 years or lease or tenancy to a member of the University for residential purposes. [Cap. L5, LFN, 2004]
Section 25: Quorum and procedure of bodies established by this Act.
Except as may be otherwise provided by Statute or by regulations, the quorum and procedure of any body of persons established by this Act shall be as determined by that body.
Section 26: Appointment of committees.
(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; or
(b) co-opt members, and may direct whether or not co-opted members, if any, 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 or any of them and either of 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 by regulations, 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) Nothing in this section shall be construed as enabling-
(a) Statutes to be made otherwise than in accordance with section 12 of this Act; or
(b) the Senate to empower any other body to make regulations or to award 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 any officer in question, and the Vice-Chancellor shall be a member of the Council and the Vice-Chancellor shall be a member of every committee of which the members are wholly or partly appointed by the Senate.
Section 27: Special provisions relating to pension of professors.
A person who retires as a professor having served-(a) a minimum period of 15 years as a professor in the University or continuously in the service of a university in Nigeria up to the retiring age; and
(b) who during the period of service was absent from the University only on approved national or University assignments, shall be entitled to pension at a rate equivalent to his last annual salary and such allowances as the Council may determine as qualifying for pension and gratuity, in addition to any other retirement benefits to which he may be entitled.
Section 28: Miscellaneous and administrative provisions.
(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 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 specifically authorised to do so by the Council.
(4) The validity of any proceedings 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 proceedings.
(5) Any member of any such body who has a personal interest in any matter proposed to be considered by that body shall forthwith 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. [Cap. I23, LFN, 2004]
(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 Second Schedule to this Act, or any regulation by a subsequent Statute, or, as the case may be, by a subsequent regulation and Statute and regulations may make different provisions in relation to different circumstances. [Second Schedule]
(8) No stamp duty or other duty shall be payable in respect of any transfer of property to the University by virtue of any provision of 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.
Section 29: Proposal and recommendation.
Where in any provisions of this Act, it is provided 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 under that provision to the appropriate authority, but any such intermediate authority may, if it deems fit, forward its own comments on it.
Section 30: Pre-action notice.
A person who has a cause of action against the University shall-(a) give the University three months' notice, in writing, of intention to commence an action, disclosing the cause of action and served the processes to the principal office of the University; and
(b) commence the legal action within two years from the date the cause of action arose.
Section 31: Savings and transitional provisions.
(1) On the commencement of this Act, any person employed by or serving under the Provisional Council of the University shall be deemed to have been employed or serving in the University established under this Act.
(2) All assets or liabilities belonging to the Provisional Council of the University shall be deemed to belong to the University established under this Act.
Section 32: Interpretation.
(1) In this Act-
"campus" means any campus which may be established by the University;
"college" means any college which may be established by the University;
"Council" means the Council established by this Act for the University;
"graduate" means a person on whom a degree, other than an honorary degree, has been conferred by the University;
"Minister" means the Minister responsible for education;
"notice" means notice in writing;
"officer" does not include the Visitor;
"prescribed" means prescribed by Statutes or regulations;
"professor" means a person designated as a professor of the University in accordance with provisions made in that behalf by Statute or Regulations;
"property" includes rights, liabilities and obligations;
"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;
"Statute" means a Statute made by the University under section 12 of this Act and in accordance with the provisions of section 13 of this Act; and
"The Statutes" means all such Statutes as are in effect;
"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 pupillari at the University other than
(a) a graduate; or
(b) a person of such description as may be prescribed for the purposes of this definition; and
"University" means the Federal University of Health Sciences, Azare, Bauchi State established under section 1 of this Act;
Section 33: Citation.
This Act may be cited as the Federal University of Health Sciences, Azare (Establishment) Act 2022.