MODIBBO ADAMA UNIVERSITY, YOLA (ESTABLISHMENT) ACT, 2020

Section 16: Removal and discipline of academic, administrative and professional staff.

2020Section 16 of 30Federal Republic of Nigeria

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.

Cite this section

Section 16, MODIBBO ADAMA UNIVERSITY, YOLA (ESTABLISHMENT) ACT, 2020 (2020).

https://repo.podus.ai/laws/modibbo-adama-university-yola-establishment-act-2020/section/16/