FEDERAL UNIVERSITY OF OYE-EKITI (ESTABLISHMENT) ACT
Section 17: Grounds and procedure for removal of members
(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 the Vice-Chancellor, should be removed from office or on grounds of misconduct or inability to perform the functions of his office 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;
(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 directions 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 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 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 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 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 his service.
(5) Any person suspended under subsection (3) of this section 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 such person's suspension and if so on what terms (including the proportion of his emoluments to be paid to him);
(b) reinstate 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 a 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 such person (including the restoration of such proportion of his emoluments that might have been withheld) as the Council may determine.
(6) Where the Council, pursuant to 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 such decision, come to a final determination in respect of the case concerning such a person.
(7) The person by whom an instrument of removal is signed in pursuance of subsection (1) of this section 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.
Cite this section
Section 17, FEDERAL UNIVERSITY OF OYE-EKITI (ESTABLISHMENT) ACT (2015).
https://repo.podus.ai/laws/federal-university-of-oye-ekiti-establishment-act/section/17/