NATIONAL OPEN UNIVERSITY ACT
Section 1: Incorporation and objects of the National Open University As Amended by Section 2 of the National Open University (Amendment) Statute, 2018
(1)
There is hereby established a university of Nigeria to be known as the National Open University of Nigeria, which shall be a body corporate with perpetual succession and a common seal.
(2) The University may sue or be sued in its corporate name.
(3)
The objects of the University shall be to-
(a)
provide persons, without distinction of race, creed, gender, age or political conviction, the opportunity for liberalised access to higher education and lifelong learning;
(b)
promote educational opportunity, social justice and propagate the ideals of quality education that is open and available to persons at a conducive environment and at their pace of learning, using new and improved communication technologies, methods and ideas aimed at providing learning opportunuties that meet the lifelong needs of individuals;
(c)
encourage the preservation of learning throughout Nigeria and beyond by means of instructions delivered through a muliti-model system comprising of a variety of relevant and cost effective media and technologies including facilitation print, audio, video, television, computer-mediated learning, VCD, DVD, CD-ROM, Blue Ray and the Internet wb-based instruction, taking cognisance of the local environment;
(d)
provide full-time studying and teaching, delivered through the open and distance learning system, taking into cognisance the peculiarities of an open and distance learning university;
(e)
provide full-time online courses leading to undergraduate and postgraduate qualifications within the existing framework of university regulatory provisions;
(f) complement and supplement the delivery of instructions, with supported open and distance learning through the provision of seminars, special clinics, professional internship and facilitation of robust counselling services organised through an integrated network of study centres;
(g) provide programmes and courses of instruction through instructional materials design principles and other facilities that meet international standards that can be benchmarked through necessary processes of quality assurance and accreditation;
(h) ensure that facilities provided for the University are made available on proper terms and conditions to persons that are equipped to benefit from such facilities, especially persons who may not by nature of their special circumstances, be in a position to enroll for residential or conventional face to face university education;
(i) enhance the activities of the university through the use of study centres facilities and encourage communal participation and ownership of eduacation by promoting the acquisition of technological literacy nationwide;
(j) promote scholarship and encourage the carrying out of research activities in all fields of learning and related activities, giving priority to open and distance learning activities;
(k) relate its activities to the social, cultural and economic needs of the people of Nigeria; and
(l) undertake such other activities that can be associated with a university of the highest standard and repute.
Section 2: Constitution and principal officers of the University As Amended by Section 3 of the National Open University (Amendment) Act, 2018
(1) The University shall consist of-
(a) a Chancellor;
(b) a Pro-Chancellor and a Council;
(c) a Vice-Chancellor and a Senate;
(d) a body to be called Congregation;
(e) a body to be called Convocation;
(f) the headquarters, regional offices and local study centres of the University;
(g) the faculties, institutes and other teaching and research units of the University;
(h) the persons holding the offices constituted by the First Schedule to this Act, other than those mentioned in paragraphs (a) to (c) of this subsection; [First Schedule.]
(i) all undergraduates, graduates and postgraduates; and
(j) all other persons who are members of the University in accordance with provision 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 therein mentioned. [First Schedule.]
(3)
Provision shall be made by statute with respect to the constitution of the following bodies, namely the Council, the Senate, Congregation and Convocation.
Section 3: Powers of the University and their exercise As Amended by Section 4 of the National Open University (Amendment) Statute, 2018
(1) For the carrying out of its objects as specified in section 1 of this Act, the University shall have power-
(a)
to establish such regional offices, local study centres, faculties, institutes, schools, extra-mural departments and other teaching and research units within the University as may from time to time seem necessary or desirable, subject to the approval of the National Universities Commission;
(aa) to establish community and special study centre; and
(b) to institute professorships, readerships, lectureships, tutorships and other posts and offices and to make appointments thereto;
(bb) prescribe the guidelines and conditions to be satisfied before approval can be granted for the establishment of community studies centres in Nigeria;
(c) to institute and award fellowships, scholarships, exhibitions, bursaries, medals, prizes and other titles, distinctions, awards and forms of assistance.
(d) to provide for the discipline and welfare of members of the University;
(e) to 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) to grant honorary degrees, fellowships or academic titles;
(g) subject to section 18 of this Act, to acquire, hold, grant, charge or otherwise deal with or dispose of movable and immovable property wherever situated;
(h) to accept gifts, legacies and donations, but without obligation to accept the same for a particular purpose, unless it approves the terms and conditions attaching thereto;
(i) to enter into contracts, establish trust, act as trustee, solely or jointly with any other person, and employ and act through agents;
(j) to erect, provide, equip and maintain libraries, laboratories, lecture halls, refectories, playing fields and other buildings or things necessary or suitable or convenient for any of the projects of the University;
(k) to hold public lectures and to undertake printing, publishing and book selling;
(l) subject to any limitations or conditions imposed by statute, to invest any moneys appertaining to the University by way of endowment, whether for general or special purposes, and such other moneys not immediately required for current expenditure, in any investments or securities or in the purchase or improvement of land, with power from time to time to vary any such investments, and to deposit any moneys for the time being uninvested, with any bank on deposit or current account;
(m) to 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 moneys as the Council may from time to time in its discretion find it necessary or expedient to borrow or to guarantee any loan, advance or credit facility;
(n) to make gifts for any charitable purpose;
(o) to arrange for the general welfare of children of members of staff;
(p) to demand and receive from any student or any other person enrolled with the University for the purpose of instruction, such fees as the University may from time to time determine, subject to the overall direction of the Minister;
(q) to do anything which it is authorised or required by this Act or by statute to do; and
(r) to do all such acts or things, whether or not incidental to the foregoing powers, as may advance the objects of the University.
Subsection 3(1A): Any community requesting for the establishment of a community study centre shall be required to provide 80% of both the infrastructural and instructional material needs, while the University shall provide man-power and the remaining 20% of both the needs.
Subsection 3(1B): In the case of special study centre, the bodies requesting for the study centre shall provide 100 per cent facilities in terms of building, roads and other infrastructures.
(2) Subject to the provisions of this Act and of the statutes and without prejudice to section 7(2) of this Act, the powers conferred on the University by subsection (1) of this section, 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 regional offices and local study centers thereof shall be exercisable by statute and not otherwise.
Section 4: Functions of 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 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.
Section 5: Functions and Powers of the Council and its Finance and General Purposes Committee As Amended by Section 5 of the National Open University (Amendment) Statute, 2018
(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 general control and superintendence of the policy, finances and property of the University, including its public relations.
(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, from time to time, 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 in such manner as may be specified by law and that 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 statutes, the Council and the Finance and General Purposes Committee may each make rules for the purpose of exercising any of their respective functions of or regulating their own procedure.
(6) Rules made under subsection (5) of this section by the Finance and General Purposes Committee shall not come into force unless approved by the Council; and in so far and to the extent that any rules so made by that Committee conflict with any directions given by the Council (whether before or after the coming into force of the rules in question), the directions of the Council shall prevail.
(7) There shall be paid to the members respectively of the Council, of the Finance and General Purposes Committee and other committees set up by the Council, allowances in respect of travelling and other reasonable expenses, at such rates as may from time to time, 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 members of the Council, the chairman shall within 28 days after the receipt of such request, call a meeting of the Council. The request shall specify business to be considered at the meeting and no business not so specified shall be transacted at that meeting.
(10) The Council shall appoint the Vice-Chancellor, Deputy Vice-Chancellors, Registrar, University Librarian and Bursar in accordance with the provisions of the Universities (Miscellaneous Provisions) Act.
(11) The powers of the Council shall be exercised as contained in the laws and Statutes of the University and, in the event of any inconsistency between circulars and guidelines, the laws and Statutes of the University, as the case may be, shall prevail.
(12)
The Council shall-
(a) be independent in the discharge of its functions and responsibilities under this Act in the interest of good management, growth and sustainable development of the University ; and
(b) ensure that disbursement of funds of the University is in accordance with the approved budgetary ratio for personnel cost, overhead cost, research and development, library development, while ensuring at all times that a balance exists in expenditures made for academic and non-academic activities.
Section 6: Functions of the Senate
(1) Subject to section 5 of this Act and subsections (3) and (4) of this section and to the provisions of this Act relating to the Visitor, it shall be the general function of the Senate to 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 the generality of subsection (1) of this section and subject as therein mentioned, it shall in particular be the function of the Senate to make provisions for-
(a) the establishment, organisation and control of the headquarters, regional offices, local study centres, schools, faculties, departments, institutes and other teaching and research units of the University and the allocation or responsibility for different branches of learning;
(b) the organisation and control of courses of study at 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 as aforesaid;
(d) the making of recommendations to the Council with respect to the award to any person of an honorary fellowship or honorary degree or the title of professor emeritus;
(e) the supervision of the welfare of students of the University and regulation of their conduct;
(f) the granting of fellowships, scholarships, prizes and similar awards, in so far as the awards are within the control of the University;
(g) determining what descriptions 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 regional office, local study centre, school, faculty, department, institute or other teaching or research unit of the University, without the approval of the Council.
(4) Subject to this Act and the statutes, the Senate may make regulations for the purpose of exercising any function conferred on it either by the foregoing provisions of 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 examiners at each final or professional examination held in conjunction with any course of study at the University, 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.
(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 7: 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, subject to section 4 of this Act, except the Pro-Chancellor and any other person for the time being acting as chairman of the Council.
(2) Subject to sections 5, 6 and 12 of this Act, the Vice-Chancellor shall have the general function, in addition to any other functions conferred on him by this Act or otherwise, of directing the activities of the University and shall be the chief executive and chief academic officer of the University and ex-officio chairman of the Senate.
Section 8: Transfer of property to the University
(1) All property held by or on behalf of the University by the provisional council shall, by virtue of this subsection and without further assurance, vest in the University and be held by it for the purposes 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 9: Power of the University to make statutes
(1) Subject to this Act, the University may make statutes for any of the following purposes, that is to say-
(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 regulating any other matter connected with the University or any of its authorities;
(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 an academic or a non-academic matter, for the purposes of this Act and of any statute, regulation or other instrument made thereunder; or
(e) making provision for any other matter for which provision by statute is authorised or required by this Act.
(2) Subject to section 21(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 37 (1) of that Act. [Cap. I23.]
(3) The statute contained in the Third Schedule to this Act, shall come into force on the commencement of this Act and shall be deemed to have been made under this section. [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.
Section 10: 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-
(a) at a meeting of the Senate, by the vote of not less than two thirds of the members present and voting; and
(b) at a meeting of the 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 in the Council, and may be approved as required by subsection (2) of this section 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) A statute shall be treated as being made on the date on which it is duly approved by the Council after having been duly approved by the Senate, or on the date on which it is duly approved by the Senate after having been duly approved by the Council, as the case may be, or, in the case of a statute falling within subsection (4) of this section, on the date on which it is approved by the President.
Section 11: Proof of statutes
A statute may be proved in any court by the production of a copy thereof bearing or having affixed to it, a certificate purporting to be signed by the Vice-Chancellor to the effect that the copy is a true copy of a statute of the University.
Section 12: 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 persons the Visitor may deem fit and in respect of any of the affairs of the University.
(3) It shall be the duty of the bodies and persons comprising the University-
(a) 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 require for the purposes of a visitation; and
(b) to give effect to any directives consistent with the provisions of this Act which may be given by the Visitor in consequence of a visitation.
Section 13: Removal of certain members of the 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 and if the President, after making such enquiries (if any) as may be considered appropriate, approves the recommendation, the President may direct the removal of the person in question from office.
(2) It shall be the duty of the Minister to use his best endeavours to cause a copy of the instrument embodying a direction under subsection (1) of this section to be served as soon as reasonably practicable on the person to whom it relates.
Section 14: Removal and discipline of academic, administrative and technical staff
(1) If it appears to the Council that there are reasons for believing that any person employed as a member of the academic or administrative or technical staff of the University, other than the 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;
(b) afford him an opportunity of making representations in person on the matter to the Council; and
(c) if he or any three members of the Council so request within the period of one month, beginning with the date of the notice, make arrangements-
(i) for a joint committee of the Council and the Senate to investigate the matter and to report on it to the Council; and
(ii) for the person in question to be afforded an opportunity of appearing before and being heard by the 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 as aforesaid, the Council may so remove him by an instrument in writing signed on the directions of the Council.
(2) The Vice-Chancellor may, in a 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 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 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; or
(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; or
(c) conduct of a scandalous or other disgraceful nature which the Council considers to be such as to render the person concerned unfit to hold his 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.
(4) Any person suspended pursuant to subsection (2) or (3) of this section, shall be on half pay and the Council shall, before the expiration of a period of three months after the date of suspension, consider the case against that person and come to a decision as to-
(a) whether to continue such person's suspension and if so, on what terms (including the proportion of his emoluments to be paid to him);
(b) whether to reinstate such person, in which case the Council shall restore his full emoluments to him with effect from the date of suspension;
(c) whether to terminate the appointment of the person concerned, in which case such a person shall not be entitled to the proportion of his emoluments withheld during the period of suspension; or
(d) whether to 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,
and 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 a period of three months from such decision, come to a final determination in respect of the case concerning any such person.
(5) It shall be the duty of the person by whom an instrument of removal is signed in pursuance of subsection (1) of this section, to use his best endeavours to cause a copy of the instrument to be served, as soon as reasonably practicable, on the person to whom it relates.
(6) Nothing in the foregoing provisions of 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 category of workers of the University, as may be prescribed.
Section 15: 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 case as may be prescribed, he 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 and, subject to the provisions of regulations made in pursuance of section 6(5) of this Act, the Vice-Chancellor may, on the recommendation of the Senate, appoint an appropriate person as examiner in the place of the examiner removed in pursuance of this subsection.
(2) It shall be the duty of the Vice-Chancellor, on signing an instrument of removal in pursuance of this section, to use his best endeavours to cause a copy of the instrument to be served, as soon as reasonably practicable, on the person to which it relates.
Section 16: Discipline of students
(1) Subject to the provisions of this section, where it appears to the Vice-Chancellor that any student of the University has been guilty of misconduct, the Vice-Chancellor may, without prejudice to any other disciplinary powers conferred on him by statute or regulations, direct-
(a) that the 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; or
(b) that 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; or
(c) that the student be expelled from the University.
(2) Where a direction is given under subsection (1)(c) of this section in respect of any student, the student may, within the prescribed period and in the prescribed manner, appeal against the direction 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 thinks fit.
(3) The fact that an appeal against a direction is brought in pursuance of the last foregoing subsection, shall not affect the question 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) It is hereby declared that a direction under subsection (1)(a) of this section may be combined with a direction under subsection (1)(b) of this section.
Section 17: Exclusion of discrimination on account of race, religion, etc.
No person shall be required to satisfy requirements as to any of the following matters, that is to say, 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, of 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 these matters:
Provided that nothing in this section shall be construed as preventing the University from imposing any disability or restriction on any of the aforementioned 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 circumstances pertaining thereto, is in the opinion of the University reasonably justifiable in the national interest.
Section 18: 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 with the prior written consent, either general or special, of the President: [Cap. L5.]
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 purposes.
Section 19: Quorum and procedure of bodies established by this Act
Except as may otherwise be provided by statute or by regulations, the quorum and procedure of any body of persons established by this Act shall be such as may be determined by that body.
Section 20: Appointment of committees, etc.
(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-
(a) to exercise, on its behalf, such of its functions as it may determine; and
(b) to 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, for the purpose of considering any matter within the competence 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 otherwise be provided by statute or by regulations, the quorum and procedure of a committee established or meeting held in pursuance of 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 the foregoing provisions of this section shall be construed as-
(a) enabling statutes to be made otherwise than in accordance with section 10 of this Act; or
(b) enabling 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 a person pursuant to section 14 of this Act) and the Vice-Chancellor shall be a member of every committee of which the members are wholly or partly appointed by the Senate.
Section 21: 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 be authenticated by any member of the Council and by the Vice-Chancellor, a Deputy Vice-Chancellor, 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 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 proceedings of any body established in pursuance of 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 only 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 in pursuance of this Act; but the power conferred by this Act 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 statute and regulations may make different provision in relation to different circumstances. [Cap. I23.]
(7) No stamp or other duty shall be payable in respect of any transfer of property to the University by virtue of sections 8 and 18 of this Act or the Second Schedule to this Act. [Second Schedule.]
(8) 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 21: Pension and other retirement benefits as Amended by Section 6 of the National Open University (Amendment) Statute, 2018
(1) Service in the University shall be pensionable in line with the Pension Reform Act and employees of the University shall be entitled to pension and other retirement benefits as prescribed in the Pensions Reform Act.
(2) Notwithstanding the provision of subsection (I), nothing in this Act prevents the appointment of a person to any office on terms and conditions, which preclude the grant of pension or other retirement benefits in respect of that office.
(3) For the purpose of the application of the Pensions Reform Act, any power exercisable by a Minister or Authority of the Federal Government, not being the power to make regulations under the section 97 of the Act, are exercisable by the Council and not any other person or Authority.
Section 22: Interpretation
(1) In this Act, unless the context otherwise requires-
"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;
"headquarters" means the headquarters of the University;
"local study centre" means any local study centre which may be established by the University;
"Minister" means the Minister charged with responsibility for higher education;
"notice" means notice in writing;
"officer" does not include the Visitor;
"prescribed" means prescribed by statute or regulation;
"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 regulations;
"property" includes rights, liabilities and obligations;
"the provisional council" means the provisional council appointed for the University by the President;
"regulations" means the regulations made by the Senate or the Council;
"Senate" means the Senate of the University established pursuant to section 2(1)(c) of this Act;
"statute" means a statute made by the University under section 9 of this Act and in accordance with the provisions of section 10 of this Act, and "the statutes" means all such statutes as are in force 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 at the University, other than-
(a) a graduate; and
(b) a person of such description as may be prescribed for the purpose of this definition;
"University" means the National Open University, as incorporated and constituted by this Act.
(2) It is hereby declared that where in any provision 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, it shall be the duty of every such intermediate authority to forward any proposal or recommendation received by it in pursuance of that provision, to the appropriate authority; but any such intermediate authority may, if it thinks fit, forward therewith its own comments thereon.
Section 23: Short title As Amended by Section 7 of the National Open University (Amendment) Statute, 2018
This Act may be cited as the National Open University of Nigeria Act.