MODIBBO ADAMA UNIVERSITY, YOLA (ESTABLISHMENT) ACT, 2020

202030 sectionsFederal Republic of Nigeria

Section 1: Establishment and objects of Modibbo Adama University.

1 There is established the Modibbo Adama University, Yola, Adamawa State {in this Act referred to as "the University").

2 The University:
a is a body corporate with perpetual succession and a common seal;
b may sue and be sued in its corporate name;
c may acquire, hold and dispose of movable and immovable properties; and
d shall provide regular and liberal courses of instruction in humanities, the sciences and other spheres of learning of standard required and expected of a University of the highest standing.

3 The general 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 and liberal education;
b provide courses of instruction and other facilities for the pursuit of learning leading to award of diplomas, first degree, postgraduate research and higher degrees 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 all fields of learning and human endeavor;
d relate its activities to the social, cultural and economic needs of the people of Nigeria; and
e undertake any other activity appropriate for a university of the highest standard.

Section 2: 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 Campus and Colleges of the University;
h 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 paragraph (a)-(d) of this subsection; [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 the Statute in that behalf.

2 The First Schedule to this Act shall have effect with respect to the principal officers of the University. [First Schedule]

3 The Statute shall make provisions to the constitution of the Council, Senate, Congregation and Convocation.

Section 3: Powers of the University and their exercise.

1 For attaining its objects as specified in section I (3) of this Act, the University shall have powers to:
a establish such campuses, colleges, institutes, schools, extra- mural departments and other teaching and research units within the University as may be deemed necessary or desirable, subject to the approval of the National Universities Commission;
b institute professorship, readerships or associate professorships, lectureships and other posts and offices and to make appointment thereto;
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 lay down;
f grant honorary degree, fellowships or academic titles;
g demand and receive, from any student or other person attending the University for the purpose of instructions, such fees as the University may determine, subject to the overall directives of the Council;
h subject to section 22 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 the University approves the terms and conditions attaching thereto;
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, 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 on conditions imposed by Statue, invest any money appertaining to the University by way of endowment, not being immediately required for current expenditure, in any investment or security, or the purchase or improvement of land, with powers to vary any investment and 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, and money as the Council may in its discretion, find it necessary to borrow or guarantee any loan, advance or credit facility;
o do anything which it is authorised or required by this Act or Statues to do; and
p do all such acts or things incidental to the powers of the University as may advance the objects of the University.

2 Subject to the provisions of this Act and the Statute and without prejudice to section 8 (2) of this Act, the powers conferred on the University by subsection (1) is exercisable on behalf of the University by the Council or Senate or in any other manner which may be authorised by the Statute;

3 The power of the University to establish further campuses and colleges within the University is exercisable by Statute and not otherwise.

Section 4: Functions of the 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 the Convocation held for conferring degrees, certificates and other awards of the University.

2 The Chancellor shall exercise such other powers and discharge such other duties as may be conferred or imposed on him by this Act or the Statute.

Section 5: Functions of the Pro-chancellor.

1 The Pro-Chancellor shall, in relation to the University, take precedence before all other members of the University, except the Chancellor and 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.

2 Subject to the provisions of this Act, the Pro-Chancellor shall hold office for four years, beginning with the date of his appointment.

Section 6: Composition of the Council.

1 The Council of the University shall consist of:
a the Pro-Chancellor;
b the Vice-Chancellor;
c the Deputy Vice-Chancellors;
d one person from the Ministry responsible for education;
e four persons representing a variety of interests and broadly representatives 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 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.

Section 7: Functions of the Council and its Finance and General Purpose Committee.

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

2 There is 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 The Statute shall make provisions with respect to the composition of the Finance and General Purposes Committee.

4 The Council shall ensure that:
a proper accounts of the University are kept;
b the accounts of the University are audited annually by an independent firm of auditors approved by the Council;
c an annual report is published by the University, together with certified copies of the said accounts as audited.

5 Subject to this Act and the Statute, the Council and the Finance and General Purposes Committee may each make rules for regulating their own procedure.

6 The rules made under subsection (5) by the Finance and General Purposes Committee shall not take effect unless they are approved by the Council.

7 Where the rules made by that Committee under subsection (6) conflict 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 prevails.

8 There shall be paid to the members of the Council, Finance and General Purposes Committee and 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 extant government circulars.

9 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.

10 If requested in writing by five members of the Council the Chairman shall, within 28 days after the receipt of such request, call a meeting of the Council:
PROVIDED that, after 28 days of the receipt or delivery to him of such request, the Chairman fails or neglects to call a meeting, then the Registrar shall, within 14 days thereafter, cause a meeting of the Council to be conveyed for that purpose.

11 Any request made under subsection (10) 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.

1 Subject to subsections (3) and (4) of this Section, section 7 of this Act and the provisions of this Act relating to the Visitor, the Senate shall:
a organise and control the:
(i) teaching by the University,
(ii) admission of students where no other enactment provides to the contrary, and
(iii) discipline of students; and
b promote research at the University.

2 Without prejudice to the generality of subsection (1) the Senate shall particularly make provisions for:
a establishment, organisation and control of campuses, colleges, schools, institute and other teaching and research units of the University and allocation of responsibility for different branches of learning;
b organisation and control of courses of study in the University and the examination 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 connectiöri with examination held;
d 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 establishment, organisation and control of halls of residence and similar institutions at the University;
f 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 purpose of the University and regulating the use of academic dress.

3 The Senate shall not establish any new campus, college, school, department, institute or other teaching and research unit of the University without the approval of the Council.

4 Subject to this Act and the Statute, the Senate may make regulations for the purpose of performing any function conferred on it either by the provisions of this section or otherwise or for the purpose of making provisions for any matter for which a provision by regulations is authorised or required by this Act or Statute.

5 Regulations shall provide that at least one of the persons appointed as the examiner 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 practising 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 dishonorable or scandalous conduct in gaining admission into the University or obtaining that award.

Section 9: 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 7, 8 and 14 of this Act, the Vice-Chancellor shall:
a have the general function, in addition to any other function conferred on him oy this Act or otherwise, of directing the activities of the University; and
b be the chief executive and academic officer of the University and ex-officio Chairman of the Senate.

Section 10: Savings and transfer of property to the University.

1 All statutory functions, rights, interests, obligations, liabilities and property of the Modibbo Adama University of Technology, Yola existing before the commencement of this Act under any contract or instrument, or in law or in equity, is, by virtue of this Act deemed to have been assigned to and vested in the University established under this Act.

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

Section 11: Powers of the University to make statutes.

1 Subject to this Act, the University may make statutes for:
a making provisions 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 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), their discipline and welfare;
d determining whether any particular matter is to be treated as an academic or non-academic matter for the purpose of this Act and of any statute, regulation or other instrument made thereunder; and
e making provisions for any other matter for which a provision by statute is authorised or required by this Act.

2 Subject to section 27 (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. 123, LFN, 2004]

3 The Statute contained in the Third Schedule to this Act is deemed to have been in effect on the commencement of this section and is 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 12: 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 does not become law unless it has been approved at a meeting of the:
a Senate, by the votes of-at least two-thirds of the members present and voting; and
b Council, by the votes of at least 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).

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 in consultation with the National Universities Commission.

5 For the purpose of section I (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 Visitor. [Cap. 123, LFN, 2004]

6 In the event of any doubt or dispute arising, 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 it relates to such doubt or dispute,
the matter may be referred to the Visitor, who shall take such advice and make such decision therein as he thinks fit.

7 The decision of the Visitor on any matter referred to him under subsection (6) is binding upon the authorities, staff and students of the University.

8 Where any question as to the meaning of any provision of a statute has been decided by the Visitor under that subsection (6), no question as to the meaning of that provision shall be entertained by any court of laws in Nigeria.

9 Nothing in subsection (8) affects any 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 inconsistent with the Constitution of the Federal Republic of Nigeria, 1999.

Section 13: 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 statue of the University.

Section 14: The Visitor.

1 The President is the Visitor of the University.

2 The Visitor shall, as often as the circumstances may require, at least once every five years, conduct a visitation of the University or direct that the visitation be conducted by such person or persons as the Visitor may deem fit and is. respect of any of the affairs of the University.

3 It is the duty of the bodies and persons comprising the University to make available to the Visitor, and to any other person conducting a visitation in pursuance of this section, such facilities and assistance as he or they may reasonably require for the purposes of a visitation.

Section 15: 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 enquiries (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 It is the duty of the Minister to do his best 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 16: Removal and discipline of academic, administrative and professional staff.

1 It if 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 his office or employment on the ground of misconduct or inability to perform the functions of his office or employment, 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 Council;
c if he so requests, or three members of the Council so request, within the period of one month beginning with the date of the notice, make arrangements for:
(i) a joint committee of both the Council and Senate to investigate the matter and report on it to the Council, and
(ii) the person in question to be afforded an opportunity of appearing before and being heard by the investigating committee with respect to the matter.

2 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.

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

4 For good cause, any member of the staff may be suspended from his duties or his appointment may be terminated by the Council.

5 For the purposes of this subsection (4), "good cause" means:
a conviction for any offence which 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, 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 perform the functions of his office or comply with the 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.

6 Any person suspended under subsection (2) or (3) shall be on half pay and the Council shall, before the expiration of three months after 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 to him with effect from the date of suspension;
c terminate the appointment of the person concerned, in which case such a person is not 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.

7 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 three months from such decision, come to a final determination in respect of the case concerning the person.

8 It is the duty of the person by whom an instrument of removal is signed under subsection (1) to do his best to cause a copy of the instrument to be served as soon as reasonably practicable on the person to whom it relates.

9 Nothing in this section shall:
a apply 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 17: Procedure for staff discipline.

1 The Vice-Chancellor or Senate shall constitute an Investigation Panel to determine whether or not a prima facie case has been established against any member of staff.

2 The Investigation Panel shall include the President or chairman of the union to which the staff being investigated belongs.

3 The Vice-Chancellor shall constitute a Staff Disciplinary Committee, which consists of such members of the Senate as he may determine, to consider the report of the Investigation Panel.

4 The report and recommendation of the Staff Disciplinary Committee shall be forwarded to the Council for consideration and decision.

Section 18: Appointment of external examiner.

Subject to regulations made under this Act, the Vice-Chancellor may, on the recommendation of Senate, appoint an appropriate person as external examiner.

Section 19: Removal of examiner.

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 appointment by an instrument in writing signed by the Vice-Chancellor.

2 Subject to regulations made under section 7 (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 subsection (1).

3 It is the duty of the Vice-Chancellor to:
a sign an instrument of removal under this section; and
b do his best to cause a copy of the instrument to be served as soon as reasonably practicable on the person to whom it relates.

Section 20: Discipline of students.

1 Subject to the provisions of this section, where it appears to the Vice-Chancellor that a student of the University has been guilty of misconduct, the Vice-Chancellor may, without prejudice to any other disciplinary power conferred on him by the Statute or regulations, direct that:
a the student shall not, during such period as may be specified in the directions, participate in such activities of the University, or make use of such facilities of the University, as may be so specified;
b the 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 the student be rusticated for such period as may be specified in the direction; or
d the student be expelled from the University.

2 Where a direction is given under subsection (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, either 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 subsection (2) does 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 board 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 A direction under subsection (l) (a) may be combined with a direction under subsection.

7 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:

8 The Visitor is-the final arbiter on staff and student discipline and his decision is not contestable in any court of law on Nigeria.

9 Nothing in this section affects any power of a court of competent jurisdiction to enforce the fundamental rights of any aggrieved citizen as enshrined in the Constitution of the Federal Republic of Nigeria, 1999.

Section 21: Exclusion of discrimination on account of race. religion, etc.

1 No person shall be:
a required to satisfy the requirements as to race (including ethnic grouping), sex, place of birth or of family. origin, or 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 anybody established under this Act; and
b subject to any disadvantage or accorded any advantage in relation to the University, by reference to any of those matters.

2 Nothing in subsection (1) shall be construed as preventing the University from imposing any disability or restriction on any of the persons mentioned in that subsection 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 circumstances pertaining thereto, is, in the opinion of the University reasonably justifiable in the national interest.

Section 22: Restriction on disposal of land 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 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 any lease or tenancy to a member of the University for residential purpose.
[Cap. L5, LFN, 2004]

Section 23: Quorum and procedure of bodies established under this Act.

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

Section 24: Appointment of committees, e.tc.

1 Any body of persons established under 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 the committees to:
a exercise, on its behalf, such powers as it may determine;
b co-opt members, and may direct that whether or not co-opted members (if any) are 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 setting up 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 the Statute or regulations, the quorum and procedure of a committee established or meeting held under this section, shah 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 a statute 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 award degrees or other qualifications.

5 The Pro-Chancellor and Vice-Chancellor shall be members of every committee of which the members are wholly or partly appointed by the Council (other than a committee set up 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.

Section 25: Retiring age of academic staff of the University.

1 Notwithstanding anything to the contrary in the Pension Reform Act, the compulsory retiring age of an academic staff of the University is 65 years except for those in the professorial cadre which is 70 years.

2 A law or rule requiring a person to retire from the public service after serving for 35 years does not apply to an academic staff of the University. [Act No. 4, 2014]

Section 26: Special provision relating to pension of professors.

1 An academic staff who retires as a professor in the University is entitled to pension at a rate equivalent to his annual salary provided that the professor has served continuously in the University up to the retirement age.

2 Notwithstanding subsection (1), where the professor has not served up to retirement age he is entitled to the rate of pension mentioned under subsection (1) provided that he has served a minimum of 20 years as a professor in a recognised university.

3 Where an academic joins a Nigerian university as a professor, the professor is entitled to the rate of pension mentioned under subsection (1) provided that he has served continuously for at least 20 years in a recognised university.

Section 27: Miscellaneous 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 he authenticated by:
a any member of the Council;
b the Vice-Chancellor;
c Secretary to the Council; or
d any other person authorised by the Statute.

2 Any document purporting to be a document executed under the seal of the University shall be received in evidence and is, unless the contrary is proved, 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 specially authorised to do so by the Council.

4 The validity of any proceeding of any body established under this Act is not affected by:
a any vacancy in the membership of the body;
b any defect in the appointment of a member of the body; or
c reason that a person not entitled to do so took part in the preceding.

5 Any member of any such body who has a personal interest in any matter proposed to be considered by that body shall:
a disclose his interest to the body; and
b 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 of regulation made under this Act. [Cap. 123. LFN, 2004.]

7 The power conferred by this Act on anybody to make statutes or regulations shall include power to revoke or vary any statute (including the statute contained in the Third Schedule to this Act) or any regulation by a subsequent statute or, as the case may be, by a subsequent regulation and statutes, and the regulations may make different provisions in relation to different circumstances. [Third Schedule]

8 No stamp duty or other duty shall be payable in respect of any transfer of property to the University by virtue of section 10 or 22 of this Act or the Second Schedule to this Act. [Second Schedule]

Section 28: Interpretation.

1 In this Act:
"Campus" means any campus which may be established by the University;
"College" means the College which may be established by the University;
"Council" means the Council established for the University under section 2 (1) (b) of this Act;
"graduate" means a person on whom a degree, (other than an honorary degree) has been conferred by the University;
"Minister" means the Minister charged with responsibility 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 statutes or by regulations;
'property" includes rights, liabilities and obligations;
"Provisional Council" means the Provisional Council established for the University;
“regulations" means regulations made by the Senate or Council;
"Senate" means the Senate of the University established pursuant to section 2 (1) (c) of this Act;
"School” means a unit of closely related academic programmes;
"statute" means a statute made by the University under section 11 and in accordance with section 12 of this Act, and "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 pupillari with the University other than:
(a) a graduate; and
(b) a person of such description as may be prescribed for the purpose of the definition;
'university" means Modibbo Adama University, Yola established under section I (1) of this Act; and
"Visitor" means the President of the Federal Republic of Nigeria.

2 It is declared that where in any provision of this Act it is laid down that the proposals are to be submitted or a recommendation is to be made by one authority or another through one or more intermediate authorities, it is the duty of every intermediate authority to forward such proposals or recommendations received by it in pursuance of that provision to the appropriate authority, but the intermediate authority may, if it deems fit, forward its own comments.

Section 29: Repeal.

Section I(e) of the Federal Universities of Technology Act Cap. F 23, Laws of the Federation of Nigeria, 2004 is repealed.

Section 30: Citation.

This Act may be cited as the Modibbo Adama University, Yola (Establishment) Act, 2020.