NIGERIA MARITIME UNIVERSITY, OKERENKOKO (ESTABLISHMENT) ACT, 2024

202428 sectionsFederal Republic of Nigeria

Section 1: Establishment of the University

1 There is established the Nigeria Maritime University, Okerenkoko (in this Act, referred to as "the university").

2 The University -
a shall be a body corporate with perpetual succession and a common seal;
and
b may sue or be sued in its corporate name

3 The University shall be supervised by the Federal Ministry responsible for education.

4 The Federal Ministry responsible for education, through the National Universities Commission (NUC), shall be responsible for approving and regulating all academic programmes run in the University, to ensure quality compliance for academic and research programmes.

Section 2: Constitution and principal officers of the University.

1 The University shall consist of-
a a Chancellor;
b a Pro-Chancellor and a Council;
c a Vice-Chancellor and a Senate;
d the Congregation;
e the Convocation;
f the campuses and colleges of the University;
g the colleges, 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)-(c); and
[First Schedule]
i all graduates and undergraduates of the University, and 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.
[First schedule]

3 Subject to section 5 of this Act provision shall be made by Statute with respect to the constitution of the Council, the Senate, Congregation and Convocation.

Section 3: Powers of the University and its exercise.

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 campuses, 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 NUC;
b to institute professorships, readerships or associate professorships, lectureships, and other posts and offices and to make appointments to them;
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 prescribe;
f to grant honorary degrees, fellowships or academic titles;
g to 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 Council;
h subject to section 20 of this Act, to acquire, hold, grant, charge or otherwise deal with or dispose of movable and immovable property;
i to accept gifts, legacies and donations, but without obligation to accept the same for a particular purpose unless it approves the tens and conditions attached to it;
j to enter into contracts, establish trusts, act as trustee, solely or jointly with any other person, and employ and act through agents;
k to 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 to hold public lectures and to undertake printing, publishing and book selling;
m to engage students in distance learning programs while they are at sea or in areas of maritime business;
n subject to any limitation or condition imposed by statute, to invest any money appertaining to the University by way of endowment, not being immediately required for current expenditure, in any investment or security or in the purchase or improvement of land, with power to vary any such investment to deposit any money for the time being not invested with any bank on deposit or current account;
o 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 money as the Council may in its discretion deem necessary or expedient to borrow or to guarantee any loan, advances or credit facilities;
p to engage in income generating ventures as appropriate;
q to collaborate, co-operate, partner or associate with any other University, authority, government, organisation or institution of higher learning both in Nigeria and abroad;
r to invest outside of Nigeria which includes building replica institutions;
s to grant scholarships to both local and foreign students as may be deemed necessary;
t to adopt foreign maritime administration requirements for the purpose of raising standards of training above the minimum International Maritime Organisation (IMO) requirements;
u to make gifts for any charitable purpose;
v to do anything which it is authorised or required by this Act or by Statute to do; and
w to do all such acts or things, whether or not incidental to the 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 7 (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 as may be authorised by the 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 4: General Fund of the University.

1 There shall be a General Fund of the University, which shall consist of-
a grant-in-aid;
b fees;
c 5% of sums in the Cabotage Finance Fund;
d income derived from investments;
e gifts, legacies, endowments and donations not accepted for a particular Purpose;
f income derived from the performance of any function conferred or imposed on the University by this Act; and
g all other money belonging to the University from whatsoever source derived.

2 The General Fund shall be applied for the purpose of the University.

Section 5: Functions of the Chancellor and the Pro-Chancellor.

1 The Chancellor shall, in relation to the University, take precedence before the Pro-Chancellor and 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 6: Composition of the Council.

1 The Council of the University shall consist of-
a the Pro-Chancellor;
b the Vice-Chancellor;
c two Deputy Vice-Chancellors;
d one person from the Ministry responsible for education;
e four persons representing a variety of interests with requisite knowledge and experience in maritime sector, 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 Congregation from among its members;
h one person appointed by Convocation from among its members;
i Minister responsible for transportation or his representative; and
j Director-General of Nigerian Maritime Administration and Safety Agency (NIMASA) or his representative.

2 The Council constituted shall have a tenure 6f four years from the date of its inauguration provided that where a Council is found to be incompetent and corrupt, it shall be dissolved by the Visitor and a new Council shall be constituted for the effective functioning of the University.

3 The powers of the Council shall be exercised, as in this Act and to that extent establishment circulars that are inconsistent with this Act shall not apply to the University.

4 The Council shall perform its functions and discharge its responsibilities for the good management, growth and development of the University.

5 The Council in the performance of its functions shall ensure that the disbursement of funds of the University complies with the approved budgetary ratio for -
a personnel cost;
b overhead cost;
c research and development;
d library developments; and
e the balance in expenditure between academic and non-academic activities.

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 shall be charged with the general control and superintendence of the policy, finances 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 is 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 the purpose of performing their respective functions or of regulating their own procedure.

6 Rules made under subsection (5) by the Finance and General Purposes Committee shall not come into effect unless approved by the Council, and where rules so made by that Committee conflict with any direction given by the Council whether before or after the coming into effect of the rules in question, the directions of the Council shall prevail.

7 There shall be paid to the members respectively of the Council, the Finance and General Purposes Committee and of any other committee set up by the Council, allowances in respect of travelling and other reasonable expenses at such rates as may be fixed by the Council.

8 The Council shall meet at least three times in a year for the performance of its functions under this Act.

9 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 no business not so specified shall be transacted at that meeting.

Section 8: Functions of the Senate.

1 Subject to section 6 of this Act, subsections (3) and (4) of this section and the provisions of this Act relating to the Visitor, the Senate shall organise and control the teaching by the University, the admission of students where no other enactment provides to the contrary and the discipline of students, and to promote research at the University.

2 Without prejudice to the generality of subsection (1), the senate shall make provision for-
a the establishment, organisation and control of campuses, colleges, schools, institutes and other teaching and research units of the University and the allocation of responsibility for different branches of leaning;
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;
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 establishment, organisation and control of halls or 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 provided the awards are within the control of the University; and
h determining what descriptions of dress shall be academic dress for the purposes 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 units of the University, or any hall of residence or similar institution at 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 performing any function conferred on it either by the provisions of this section or otherwise, or for the purpose of making provision 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 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 organization 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: 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 5 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 6, 7 and 14 of this Act, the Vice-Chancellor shall have the general function, in addition to any other functions conferred on him by this Aft 6r otherwise of directing the activities of the University and shall be the chief executive and accounting officer of the University and ex-officio Chairman of the Senate.

3 The Vice-Chancellor shall be the Chairman of the University Tenders' Board, which is saddled with the responsibility of approving the conduct of public procurement of goods, works and services within the approved threshold.

4 The Vice-Chancellor shall establish and appoint members of the Tenders' Board in accordance with the extant public procurement rules and regulations.

Section 10: Transfer of property.

1 All Property held by or on behalf of the Provisional Council of the University shall by virtue of this subsection, 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.

3 The condition of service of employees in the University shall be in accordance with what is obtainable in the maritime industry to enable the University attract best brains for training and research.
[Second Schedule]

Section 11: Power of the University to make Statutes.

1 Subject to this Act, the University may make Statutes for -
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 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 instrument made under it; and
e making provision for any other matter for which provision by Statute is authorised or required by this Act.

2 Subject to section 12 (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 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 Statutes.
[Third Schedule]

Section 12: Mode of exercising powers 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 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 in the Council, and may be approved as required by subsection (2) by either of the bodies.

4 A Statute which -
a makes provision for or alters the composition or constitution of the Council, the Senate or any other authority of the University; or
b provides for the establishment of a new campus or college or for the amendment or revocation of any Statute whereby a campus or college is established, shall not come into operation unless it has been approved by the president.

5 For the purpose of section 2 (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 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), on the date on which it is approved by the President.
[Cap.123, LFN, 2004]

6 n 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 purposes of this Act an academic or nonacademic 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 on it as he deems fit.

7 The decision of the Visitor on any matter referred to him under subsection (6) shall be 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 subsection, no question as to the meaning of that provision shall be entertained except court of competent jurisdiction in Nigeria.

8 Nothing in subsection (7) shall affect 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 as being inconsistent with the provision of the Constitution of the Federal Republic of Nigeria,1999.
[Cap. C23, LFN, 2004]

Section 13: Proof of statutes.

A Statute may be proved in any court by the production of a copy bearing or having 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 14: The Visitor.

1 The President shall be the Visitor of the University.

2 The Visitor shall as often as the circumstances may require, at least once in 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 think 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.

4 The Visitor shall make the report of such visitations and a white paper on it available to the Council which shall implement it.

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 grounds 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 the President, after making enquiries as he may consider appropriate, approves the recommendation, he may direct the removal of the person in question from office.

2 The Minister shall use his best endeavours to cause a copy of the instrument embodying a direction under subsection (1) to be immediately served on the person to whom it relates.

Section 16: 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 the Vice-Chancellor, should be removed from 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 by the Council; and
c 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, the Council may 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 staff which in the opinion of the Vice-Chancellor is prejudicial to the interest of the University, suspend such member and any suspension shall immediately 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 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 to 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.

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 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 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 that 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 any person.

6 The person by whom an instrument of removal is signed under subsection (1) shall use his best endeavours to cause a copy of the instrument to be immediately served on the person to whom it relates.

7 Nothing in the 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 categories of workers of the University as may be prescribed.

Section 17: Removal of examiners.

1 Where 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 remove the examiner from the appointment by an instrument in writing signed by the Vice-Chancellor.

2 Subject to the provisions of regulations made under section 8 (5), 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 The Vice-Chancellor on signing an instrument of removal under this section, shall use his best endeavours to cause a copy of the instrument to be immediately served on the person to whom it relates.

Section 18: 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 Statutes or regulations, direct that the -
a 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 activities of the student shall, during such period as may be specified in the direction, be restricted in such manner as may be 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 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, the Council may 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) 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 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 grounds of misconduct.

6 A direction under subsection (I) (a) may be combined with a direction under subsection (1) (b).

Section 19: Exclusion of discrimination.

A person shall not be required to satisfy 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 no person shall be subject to any disadvantage or accorded any advantage relating to the University, by reference to any of those matters.

Section 20: 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, LFN, 2004]
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.

Section 21: Quorum and procedure of bodies established by this Act.

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

Section 22: Appointment of committees.

1 Anybody of persons established by this Act shall, without prejudice to the powers of that body, have power to appoint 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; and
b co-opt members.

2 Any two or more of 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 be otherwise provided by Statutes 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 the provisions of subsection (1), (2) and (3) shall be construed as enabling the Statutes to -
a be made otherwise than in accordance with section 11 of this Act; or
b empower any other body to make regulations for the award of 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 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 23: Retirement age of staff of the University.

1 Notwithstanding anything to the contrary in the Pension Reform Act, the compulsory retirement age of staff shall be, for -
a academic staff of the University in the non-professional cadre shall be 65 years;
[Act. No. 4, 2014]
b academic staff of the University in the professional cadre shall be 70 years; and
c non-academic staff of the University shall be 65 years.

2 A law or rule requiring a person to retire from the public service after serving for 35 years shall not apply to academic staff of the University.

Section 24: Special provisions relating to pension of professors.

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

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

3 Where an academic joins a Nigerian university as a professor, such a professor shall have served continuously for at least 20 years in a recognised university.

Section 25: 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 Statutes.

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 anybody established under this Act shall not be affected by any vacancy in the membership of the body, 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 immediately 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. 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 of this Act, or any regulation by a subsequent statute or as the case may be, by a subsequent statutes and regulations may make different provisions in relation to different circumstances.
[Third Schedule]

8 No stamp or other duty shall be payable in respect of any transfer of property to the University under sections 10 of this Act or the Second Schedule to this Act.

9 Any notice or other instrument authorised to be served under this Act 'may, without prejudice to any other mode of service, be served by post.
[Second Schedule]

10 No legal proceedings shall be instituted or commenced against the University or any of its agents in the course of their official duties unless a three months pre-'action notice of such intention is served on the University by an aggrieved party.

11 The notice shall state the reason and the cause of action intended to be taken against the University, the particulars of the claim, the name and place of abode of the intending plaintiff and the relief which he claims.

12 A suit shall not be commenced against an officer or servant of the University, in any case where the University is vicariously liable for any alleged act, neglect or default of the officer or servant in the discharge or intended discharge of his duties, unless at least three months have elapsed after written notice of intention to commence the suit shall have been served on the University by the intending plaintiff or his agent.

13 In any suit against the University, no execution, attachment or process in that nature shall be issued against the University, but any sum of money which may be judgment of the Court awarded against the University shall, subject to any direction given by the Court where notice of appeal has been given by the University in respect of the judgment, be paid by the University from its general fund.

14 Service upon the University of any notice, order or other document may be effected by delivering it or by sending it by registered post addressed to the Registrar and Secretary of the Council.

Section 26: Proposals and recommendation.

Where, under this Act, it is provided that proposals are to be submitted or a recommendation is to be made by one or more authorities through one or more intermediate authorities, the intermediate authority shall forward the proposal or recommendation received by it under that provision to the appropriate authority, and the intermediate authority may, if it deems fit, forward same with its own comments.

Section 27: Interpretation.

In this Act -
"campus" means any campus which may be established by the University;
"college" means the college established under section 2(1)(g )of 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 charged with responsibility for matters relating to higher education;
"notice" means notice in writing;
"officer" does not include the Visitor;
"prescribed" means prescribed by Statute or regulations;
"professor" means a person designated as a professor of the University in accordance with provisions made in that behalf by Statutes or regulations;
"property" includes rights, liabilities and obligations;
"Provisional Council" means the Provisional Council appointed for the University;
"regulations" means regulations made by the Senate or the Council;
"Senate" means the Senate of the University established under 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 of this Act and in accordance with the provisions of section 12 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 pupillary at 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 Nigeria Maritime University, Okerenkoko established under section 1 of this Act; and
"Visitor" means the President of the Federal Republic of Nigeria;

Section 28: Citation.

This Act may be cited as the Nigeria Maritime university, Okerenkoko (Establishment) Act, 2024.