NIGERIAN ARMY UNIVERSITY, BIU (ESTABLISHMENT) ACT, 2020

(1) There is established the Nigerian Army University, Biu (in this Act referred to as "the University").
(2) The University:
(a) is 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 a training institution for:
(a) providing courses of instruction leading to degrees, diplomas, certificates and other university distinctions in:
(i) military policy, logistics and strategy,
(ii) basic and applied sciences and arts,
(iii) engineering,
(iv) environmental and social sciences,
(v) education,
(vi) agriculture,
(vii) medical sciences, and
(viii) any other field of study approved by the Senate of the University;
(b) providing the special training courses whether leading to university distinctions or not for such persons as may be prescribed;
(c) conducting research in any field as may be prescribed or directed;
(d) arranging conferences, seminars, workshops and like activities; and
(e) performing any other function as may be conferred on it by statute.

The University shall be funded and supervised by the Federal Ministry of Education and shall, through the National Universities Commission be responsible for:(a) approving all teaching programmes of the University;
(b) ensuring compliance or quality;
(c) providing funds for teaching and research programmes;
(d) providing infrastructure; and
(e) remuneration of employees.

The objectives of the University are to:(a) provide facilities for learning and give instruction and training in such branches of knowledge as the University may desire in order to ensure that students obtain the advantage of a higher and liberal education;
(b) promote research and other means of advancement of knowledge and its practical application to military hardware and software, social, cultural, economic, scientific and technological situations;
(c) stimulate, particularly through teaching (and research, interest in and appreciation of military policy, logistics and strategy;
(d) encourage and promote scholarship and conduct research in selected fields of learning and human endeavour including entrepreneurship skills;
(e) enhance the diffusion of knowledge throughout Nigeria in general and the Nigerian Army in particular; and
(f) undertake any other activity appropriate for a university.

(1) The University shall consist of:
(a) the Chancellor;
(b) the Pro-Chancellor and a Council;
(c) the Vice-Chancellor and a Senate;
(d) the Congregation;
(e) the Convocation;
(f) the campuses and colleges of the University;
(g) the faculties, schools, institutes, centres 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) of this subsection; [First Schedule]
(i) all graduates and undergraduates; and
(j) any other person who is a member 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 and other matters mentioned in the Schedule. [First Schedule]
(3) A provision shall be made by a statute with respect to the composition of the:
(a) Council;
(b) Senate;
(c) Congregation; and
(d) Convocation.

(1) For carrying out its functions as specified in section 2 of this Act, the University shall:
(a) offer courses of instruction, training and research in the advancement of knowledge for the production of middle and high-level manpower and other skilled personnel required in further development of Nigeria in particular and the world at large;
(b) establish such faculties, institutes, schools, colleges, centres, extra-mural departments and other units of learning and research within the University as the University may deem necessary or desirable subject to the approval of the National Universities Commission;
(c) institute professorships, readerships, and lectureship and any other office of any kind whether academic or not as may be required by the University;
(d) institute and award fellowships, scholarships, studentships, bursaries, medals, prizes and other academic titles, distinctions and awards;
(e) prescribe the conditions under which a person shall be admitted to the University or to any particular course of study or be allowed to continue in such course of study;
(f) grant and confer, under conditions prescribed by the University, degrees, diplomas, certificates and other academic distinctions, to and on persons who have pursued a course of study approved by the University and have passed such examinations or other tests and satisfied such other requirements as the University may prescribe;
(g) confer honorary degrees, fellowships and other academic distinctions;
(h) deprive any person of any degree, diploma, certificate, fellowship, scholarship, studentship, bursary, medal, prize or other academic title, distinction or award granted to, or conferred on him by the University;
(i) provide such lectures and instructions for persons not being members of the University as the University may determine and grant to any such person such diplomas, certificates or other academic distinctions as the University may deem necessary;
(j) accept the examinations passed and periods of study spent by students of the University at other universities or places of learning as equivalent to such examinations and periods of study in the University as the University may determine and to withdraw such acceptance at any time;
(k) upon such terms and conditions as may be determined by the University, affiliate with other institutions, branches or departments, recognise selected members of staff as teachers of the University, admit the members to any of the privileges of the University, and accept attendance at courses of study in such institutions, branches or departments in place of such part of the attendance at courses of study in the University;
(l) make provision for research and advisory services and enter into such arrangements with other institutions as the University may deem desirable;
(m) undertake printing, publishing and book-selling;
(n) provide for the discipline and welfare of members of the University, its employees and residents;
(o) demand and receive such fees as may be prescribed by the University;
(p) act as trustees or managers of any property, legacy, endowment, bequest or gift for purposes of education, research or otherwise in furtherance of the work and welfare of the University;
(q) acquire, hold, grant, charge or otherwise deal with or dispose of movable and immovable property;
(r) accept gifts, legacies and donations, but without obligation to accept same for a particular purpose unless the University approves the terms and conditions attached;
(s) establish trusts, enter into contracts or any other agreement solely or jointly with any other authority or institution, and employ and act through agents;
(t) erect, provide, equip and maintain libraries, museums, archives, laboratories, lecture halls, refectories, sports grounds, playing fields and other buildings or things necessary for the effective attainment of any of the objects of the University;
(u) take such steps as may be deemed expedient for the purpose of procuring contributions to the funds of the University;
(v) borrow such money as the University may deem necessary or expedient for the effective attainment of its objects under this Act;
(w) make gifts for any charitable purpose;
(x) do anything which is authorised or required by this Act or any other statute or regulation;
(y) do all such acts and things, whether incidental to its powers or not, as may be necessary in order to further the objects of the University as a place of learning, research and community service; and
(z) subject to the provisions of this Act or any other statute, invest any money accruing to the University by way of endowment whether for general or special purposes, and such other money as may not be immediately required for current expenditure, in any approved investment or security or in the purchase or improvement of land, with power to vary any such investment and deposit any money for the time being un-invested into the Fund under this Act;
(2) Subject to the provisions of this Act, the statutes or regulations made under it and without prejudice to this section and section 6 of this Act, the powers conferred on the University by subsection (1) shall be exercisable on behalf of the University by the Council or Senate or in any other manner which may be authorised by this Act.

(1) The Chancellor shall be appointed by the Visitor on the recommendation of the Minister of Education.
(2) 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 including honorary degrees.

(1) The Pro-Chancellor shall be appointed by the Visitor on the recommendation of the Army Council.
(2) The Pro-Chancellor shall be a former Chief of Army Staff not below the rank of a Lieutenant-General.
(3) The Pro-Chancellor shall hold office for four years from the date of his inauguration.
(4) 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 the Congregation or Convocation, and the Pro-Chancellor shall, when he is present, be the Chairman at all meetings of the Council.

There shall be a Governing Council for the University (in this Act referred to as "the Council") to be responsible for the governance and direction of the affairs of the University in line with the provisions of this Act.

(1) The Council shall consist of:
(a) the Pro-Chancellor;
(b) Chief of Army Staff or his representative;
(c) the Vice-Chancellor;
(d) the Deputy Vice-Chancellors;
(e) one person representing the Federal Ministry of Education;
(f) one person representing the Ministry of Defence;
(g) four persons representing the interests of the Army and the public, at least one of whom shall be a female, to be appointed by the Visitor;
(h) four persons appointed by the Senate from among its members;
(i) two persons appointed by the Congregation from among its members;
(j) one person appointed by the Convocation from among its members; and
(k) one person to represent the host community.
(2) The Registrar of the University shall be the Secretary to the Council.
(3) A person to be appointed as a member of the Council other than an ex-officio member shall be appointed by the Visitor.
(4) A person to be appointed to the Council shall be:
(a) of proven integrity, knowledge and familiar with the affairs and tradition of Universities;
(b) able to contribute to the development of the University.

The members of the Council shall hold office for a term of four years from the date of inauguration, but where the Council is found to be incompetent and corrupt, it shall be dissolved by the Visitor and a new Council shall immediately be constituted for the effective functioning of the University.

(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, including its public relations.
(2) The Council shall have power to do those things which in its opinion is calculated to facilitate the good governance of the University.
(3) The Council may make statutes regulating the constitution and conduct of the University and regulating any authority or matter connected with the University.
(4) Nothing in this section shall be construed as preventing the Council from giving instructions, in writing or otherwise, for the purpose of exercising any power conferred on it by subsection (2) of this section.
(5) Without prejudice to the powers of the Council under subsections (1) and (2), the Council shall:
(a) govern, manage, and regulate the finances, accounts, investments, property, business and all affairs of the University, and for that purpose to appoint any other officer or agent whom it deems expedient to appoint;
(b) cause proper books of account to be kept for all sums of money received and expended by the University and for the assets and liabilities of the University so incorporated in the University or any other institution and for:
(i) the taking over its rights, property and liabilities; and
(ii) any other purpose not contrary to this Act, that such books give a true and fair view of the state of affairs of the University and its transactions;
(c) borrow money on behalf of the University;
(d) invest any money belonging to the University;
(e) sell, buy, exchange, lease or accept leases of any real or personal property on behalf of the University;
(f) provide the buildings, libraries, laboratories, premises, furniture, apparatus and other equipment needed for carrying out the objectives of the University;
(g) enter into, vary, perform and cancel contracts on behalf of the University;
(h) affiliate other institutions or branches or departments and recognise selected members as teachers of the University and to admit the members to any of the privileges of the University;
(i) accept attendance at courses of study in the institutions, branches or departments affiliated under subsection 5 (h) in place of such part attendance at courses of study in the University and upon such terms and conditions and subject to such regulations as may be determined by the University;
(j) enter into agreements for the incorporation in the University of any other institution and for taking over its rights, property and liabilities and for any other purpose not contrary to this Act;
(k) except as otherwise provided under this Act, to appoint all members of the academic staff, the Registrar, Bursar and the Librarian, on the recommendation of the appropriate appointment and promotion committee on such terms and conditions as the Council may determine;
(l) appoint all members of the staff other than those for whom a specific method of appointment is otherwise provided;
(m) appoint external examiners on the recommendations of the Senate under section 13 (2) (b) of this Act;
(n) call for reports from the Senate on any matter relating to the instruction and teaching in the University;
(o) encourage and make provision for research within the University; and
(p) exercise all such powers as are or may be conferred on the Council by this Act or any other statute.
(6) The Council shall:
(a) perform its functions and exercise its responsibilities for the good management, growth and development of the University; and
(b) ensure that the disbursement of funds of the University complies with approved budgetary relation for:
(i) personnel cost,
(ii) overhead cost,
(iii) research and development,
(iv) library development, and
(v) the balance in expenditure between academic and non-academic activities.
(7) The Council shall meet as and when necessary for the performance of its functions under this Act in line with extant provisions.
(8) The meeting of the Council shall be called by:
(a) the Chairman of the Council; or
(b) (i) the Chairman upon receipt of a request to hold a meeting in by not less than five members of the Council specifying in their letter, the business to be considered, and
(ii) the Chairman within 28 days of the receipt of such request in subparagraph (i).
(9) Where the Chairman fails or neglects to call for a meeting, the Registrar shall within 14, days therefore cause a meeting of the Council to be convened for the purpose contained and specified as business to be considered in the request.
(10) No other businesses other than those specified in the request under subsection (9) shall be considered at the meeting.

The Council may delegate its powers or duties upon approval of the Visitor, provided that the powers relating to the making, altering, or revoking of statutes, shall not be delegated to:(a) the Chairman of the Council;
(b) the Vice-Chancellor;
(c) the head of an institute or other units of the University established under this Act; or
(d) any Committee appointed by it and consisting of:
(i) members of the Council, or
(ii) one or more members of the Council and such other persons as the Council may appoint to the Committee.

(1) Subject to the provisions of subsections (3) and (4), sections 5 and 6 of this Act, and the provisions of this Act relating to the Visitor, the Senate shall organise and control:
(a) teaching in the University;
(b) admission to courses;
(c) the discipline of students; and
(d) promotion of research in the University.
(2) The Senate shall make provision for:
(a) establishment, organisation and control of campuses, colleges, faculties, departments, schools, institutes, other teaching and research centres of the University, and the allocation of responsibility for different branches of learning;
(b) organisation and control of courses of study in the University and the examinations 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 connection with examinations conducted by the University;
(d) 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) establishment, organisation and control of halls of residence and similar units in the University;
(f) supervision of the welfare of students in the University and the regulation of their conduct;
(g) granting of fellowships, scholarships, prizes and similar awards in so far as the awards are within the control of the University; and
(h) determination of what description of dress shall be academic dress for the purpose of the University and regulating the use of academic dress.
(3) The Senate may with the approval of Council establish any new campus, college, faculty, department, school, institute or any other teaching and research units of the University or any hall of residence or similar units at the University.
(4) The Senate may make regulations for the purpose of exercising any function conferred on it, either by the provisions of this section or for the purpose of providing for any matter for which provision by regulation is authorised or required by this Act or any statute.
(5) The Senate may by regulation, 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 in the University is not a teacher at the University but is a teacher at the branch of learning to which the course relates in some other University of high repute.
(6) The Senate shall withdraw, or direct the withdrawal of any person, any degree, diplomas, certificate, fellowship, scholarship, studentship, bursary, medal, prize or other academic title, distinction or award conferred upon or granted him by the University if after inquiry as the Senate may deem necessary, the Senate is satisfied that he has been guilty of scandalous or other dishonourable conduct in obtaining same;
(7) Notwithstanding the powers conferred on the Senate in subsection (6), a person affected shall have the right of appeal to the Council.

(1) Subject to the provisions of this Act, the University may make statutes for:
(a) 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 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 other matters for which provision by statute is authorised or required by this Act.
(2) Subject to section 30 (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 38 of this Act. [Cap. 123, LFN, 2004]
(3) The Statute contained in the Third Schedule to this Act shall be deemed to have come into force 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 statute 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, provided that every Statute made by the University shall be published in the Official Gazette. [Third Schedule]

(1) The power of the University to make, amend or revoke a Statute shall be exercised in accordance with the provisions of this section.
(2) A proposed Statute shall not have the force of law until it has been approved at a meeting of the:
(a) Senate, by the votes of not less than two-thirds of the members of Senate; and
(b) Council, by the votes of not less than two-thirds of the members of Council.
(3) A proposed Statute may originate either in the Senate or Council and may be approved as required under subsection (2) by both bodies in no particular order.
(4) A Statute shall not come into operation, unless approved by the Visitor where the Statute:
(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.
(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 approved by the Council and the Senate in accordance with subsection (3) or in the case of a statute falling within subsection (4), on the date on which it is approved by the Visitor on the recommendation of the National Universities Commission. [Cap. 123, LFN, 2004]

A statute may be proved in any court by the production of certified copy bearing or having affixed to it a certificate signed by the Vice-Chancellor or the Registrar to the effect that the copy is a true copy of a statute of that University.

(1) In the event of any doubt or dispute arising at any time as to the meaning of any provision of a Statute, the matter may be referred to the Visitor, who shall take such advice and make such decision as he thinks fit.
(2) The decision of the Visitor on any matter referred to him under this section shall be binding upon the authorities, staff and students of the University, provided that nothing in this subsection shall affect the 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 Constitution.
(3) The provisions of this section shall apply in relation to any doubt or dispute as to whether any matter is, for the purpose of this Act, an academic or non-academic matter.

(1) The President of the Federal Republic of Nigeria shall be the Visitor of the University.
(2) The Visitor shall conduct visitation to the University at least once in five years or as often as the circumstances may require or direct such other person to conduct the visitation in respect of the affairs of the University.
(3) The bodies and persons comprising the University shall make:
(a) 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 purpose of the visitation; and
(b) the report and white paper of such visitations available to the Council which shall implement them.

(1) If it appears to the Council that a member, other than the Pro-Chancellor or the Vice-Chancellor should be removed from office on grounds of misconduct or inability to perform the functions of his office, the Council shall make a recommendation to that effect through the Minister in charge of education to the Visitor and if the Visitor, after making such enquiries as may be considered necessary, approves the recommendation, it may direct the removal of the member 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 served within 14 working days on the person to whom it relates.
(3) Misconduct includes any conduct which is prejudicial to the good name of the University or discipline and the proper administration of the business of the University.

(1) The Council shall upon receipt of the report of the Staff Disciplinary Committee, established under section 21 (3) of this Act, 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 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:
(a) give notice of those reasons to the person in question;
(b) afford such person an opportunity of making representation in person or counsel of his choice on the matter to the Council; and
(c) take a decision to terminate or not terminate the appointment.
(2) The affected staff or any three members of the Council may request for review within a period of one month from the date of receipt of the notice of the Council's decision.
(3) The Council shall upon receipt of such request for review make arrangements for:
(a) a joint committee of the Council and the Senate to review the matter and report on it to the Council; and
(b) the person in question to be afforded an opportunity to appear before and be heard by an investigating committee with respect to the matter.
(4) After considering the report of the investigating committee, if the Council is satisfied that the person in question should be removed, the Council may so remove the person by an instrument in writing signed on its directions.
(5) The Vice-Chancellor may, in a case of gross misconduct by a member of staff which in the opinion of the Vice-Chancellor is prejudicial to the interest of the University, suspend such member and any suspension shall be reported to the Council immediately.
(6) Any member of staff may be suspended from duty or his appointment may be terminated by the Council for a good cause and, for the purpose of this subsection, "good cause" means:
(a) conviction for any offence which the Council considers to be such as to render the person concerned unfit for the discharge of the functions of his office;
(b) any physical or mental incapacity which the Council, after obtaining medical advice, considers to be such as to render the person concerned unfit to continue to hold office;
(c) conduct of a scandalous or disgraceful nature which the Council considers to be such as to render the person concerned unfit to continue to hold office;
(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.
(7) Any person suspended under subsection (5) shall be on half pay and the Council shall, before the expiration of a period of three months from the date of such suspension, consider the case against that person and come to a decision whether to:
(a) continue such person's suspension, and if so, on what terms, including the proportion of his emoluments to be paid;
(b) reinstate such person in which case the Council shall restore his full emoluments with effect from the date of suspension;
(c) terminate the appointment of the person concerned in which case such a person will not be entitled to the proportion of his emoluments withheld during the period of suspension; and
(d) take such lesser disciplinary action against such person, including the restoration of such proportion of his emoluments that might have been withheld, as the Council may determine.
(8) Where the Council, under this section, decides to continue a person's suspension or decides to take further disciplinary action against the person, the Council shall, before the expiration of three months from such decision, come to a final determination in respect of the case.
(9) The person who signs an instrument of removal under subsection (1) shall cause a copy of the instrument to be served within 10 working days on the person to whom it relates.
(10) Nothing in this section shall prevent the Council from making regulations for the discipline of staff and workers of the University as may be appropriate.

(1) Where it is alleged that a member of staff is guilty of misconduct or should for any other reason be disciplined, the Vice-Chancellor or the Senate shall constitute an Investigation Panel to:
(a) determine whether or not a prima facie case has been established against the staff; and
(b) make a report of its findings to the Staff Disciplinary Committee established under subsection (3).
(2) The Investigation Panel shall consist of the Chairman and such other members of Senate as the Vice-Chancellor or Senate may determine.
(3) The Vice-Chancellor shall constitute a Staff Disciplinary Committee which shall consist of such members of the Senate as he may determine, to consider the report of the Investigation Panel.
(4) The report of the Staff Disciplinary Committee and its recommendations shall be forwarded to the Council for necessary action under section 20 of this Act.

(1) The Senate, may recommend 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.
(2) The Vice-Chancellor shall on signing an instrument of removal under this section, cause a copy of the instrument to be served within 10 working days on the examiner.
(3) Subject to the provisions of any regulation made under section 13 (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.

(1) Subject to the provisions of this section, where it appears to The Vice-Chancellor that any student is guilty of misconduct, the Vice-Chancellor may, without prejudice to any other disciplinary powers conferred on him by Statute or regulations, direct that the:
(a) 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;
(b) 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) student be rusticated for such period as may be specified in the direction; or
(d) student be expelled from the University.
(2) A direction under subsection (1) (a) may be combined with a direction under subsection (1) (b).
(3) Where a direction is given under subsection (1) (c) or (d) in respect of any student, the student may, within the prescribed period and in the prescribed manner, appeal against the direction to the Senate.
(4) Where an appeal is brought under subsection (3), the Senate shall, after causing such inquiry to be made in the matter as the Senate considers just, either confirm or set aside the direction or modify it in such manner as the Senate deems fit.
(5) The fact that an appeal from a direction is brought under subsection (3) shall not affect the operation of the direction while the appeal is pending.
(6) 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.
(7) Nothing in this section shall be construed as preventing the restriction or termination of a student's activities at the University for conduct which in the opinion of the Senate is prejudicial to the interest of the University or to its corporate objective or image.

(1) The University shall in line with extant financial regulations, establish and maintain a Fund (in this Act referred to as "the Fund"), which shall be applied for giving full effect to the provisions of this Act.
(2) There shall be paid and credited to the Fund established under subsection (1):
(a) such sums as may be provided by the Government of the Federation or the State for payment into the Fund;
(b) fees charged for services rendered by the University;
(c) money accruing from investments of the University;
(d) all sums accruing to the University by way of gifts, donations, testamentary dispositions, endowments or contributions from philanthropic persons or organisations for the general or special purposes of the University;
(e) all other money accruing to the University in the discharge of its objects under this Act; and
(f) grants-in-aid.

(1) The Council shall:
(a) keep proper records of all accounts of its income and expenditure; and
(b) prepare the statement of account in respect of each financial year.
(2) Without prejudice to any other requirement as to accounting or control imposed, whether by an enactment or otherwise, with respect to the finances of and the lands, endowments and other property held by or for the purpose of the University, the Council shall cause the accounts kept under this subsection for any period to be audited not later than 31st day of March of each financial year, by auditors appointed from a list of qualified auditors in accordance with guidelines laid down by the Auditor-General for the Federation.

(1) The Council shall prepare and submit to the Visitor, not later than the 31st day of May in each year, a report in such form as the Visitor may direct on the activities of the university during the period of 12 months ending with the preceding 31st day of December, and shall include in the report a copy of the last accounts audited in accordance with section 25 of this Act.
(2) The report referred to in subsection (1) shall include:
(a) information on the activities of the University in that year;
(b) a copy of the audited accounts of the University for that year; and
(c) such other information as the Visitor may request.
(3) The Vice-Chancellor shall provide such information on the affairs of the University as the Council may request.

Notwithstanding anything to the contrary provided for in the Pensions Reform Act, the mandatory retiring age of:(a) an academic staff in the professorial cadre shall be 70 years; and [Act No. 4, 2014]
(b) other academic and non-academic staff of the University shall be 65 years.

(1) No person shall be required to satisfy requirements as to race, including ethnic grouping, sex, place of birth, family origin, religious or political persuasion, as a condition for becoming or continuing to be a:
(a) student in the University;
(b) holder of any degree, appointment or employment in the University; or
(c) member of any body established by virtue of this Act.
(2) No person shall be subjected to any disadvantage or accorded any advantage in relation to the University by reference to any of the matter referred to in subsection (1).
(3) Nothing in subsection (l) shall be construed as preventing the University from imposing any restriction on any of the persons specified in subsection (1) where such persons willfully refuse or fail on grounds of religious belief to undertake any duty generally and uniformly imposed on all such person or any group of them which duty, having regard to its nature and the special circumstances, is in the opinion of the University reasonably justifiable in the national interest.

(1) For the purpose of the Land Use Act (which provides for the compulsory acquisition of land for public purposes) any purpose of the University shall be the same as that of the Federation.
(2) Where an estate or interest in land is acquired by the Government under this section, the Government may, by a certificate under the hand and seal of the Chief Federal Lands Officer or any other person authorised in that behalf, transfer it to the University. [Cap. L5, LFN, 2004]
(3) The University may with the consent of the Governor in accordance with the Land Use Act dispose any land or interest in land, or transfer same under this Act upon the recommendation of the Council.
(4) No such consent shall be required by the Council in the case of any lease or tenancy at a rack-rent for a term not exceeding 21 years or a lease to a member of the University.

(1) There shall be a committee of the Council, to be known as the Finance and General Purposes Committee, as specified under the Third Schedule to this Act. [Third Schedule]
(2) Without prejudice to the provisions of subsection (1) the Council shall establish:
(a) Appointment and Promotion Committee;
(b) Tender's Committee;
(c) Senior Staff Disciplinary Committee;
(d) Council Appeal Committee;
(e) Fund Raising Committee;
(f) Academic Development Committee; and
(g) any other committee the Council may deem fit.
(3) In addition to the Committees established under subsections (1) and (2), any body of persons established by this Act, without prejudice to the generality of the powers of that body, shall have power to appoint committees, which need not consist exclusively of members of that body and 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 and direct whether or not co-opted members shall be entitled to vote in that committee.
(4) 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 dealing with it or of reporting on it to those bodies or any of them.
(5) Except as may be otherwise provided by a statute or regulation, 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.
(6) Nothing in this section shall be construed as enabling:
(a) statutes to be made otherwise than in accordance with section 15 of this Act; or
(b) the Senate to empower any other body to make regulations to award degrees or other qualifications.

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

(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, Registrar or any other person authorised by statute.
(2) Any document purported to be executed under the seal of the University shall be received in evidence and shall, unless the contrary is proved, be deemed 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 specifically 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, or 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 13 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 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 regulations may make different provisions in reaction 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 37 or the Second Schedule to this Act. [Second Schedule]

Where in any provisions 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, every such intermediate authority shall forward any proposal or recommendation received by it under that provision to the appropriate authority; but any such intermediate authority may, if it deems fit, forward its own comments thereon.

(1) Subject to the provisions of this Act, the provisions of the Public Officers Protection Act shall apply to any suit to be instituted against the University, an officer or employee of the University.
(2) No suit shall lie or be instituted in any court against the University, a member of the Council, any principal officer or employee of the University for an action carried out in pursuance to the execution of this Act or any enactment, or of any public duty in respect of any alleged neglect or default in the execution of this Act or any other enactment or law, duty or authority, unless it is commenced: [Cap. P41, LFN, 2004]
(a) within three months of such act, neglect or default complained; or
(b) in the case of a continuation of damages or injury, within six months after the ceasing of the act, neglect or default.
(3) No suit shall be commenced against the University, a member of the Council or any principal officer or employee of the University before the expiration of a period of one month after written notice of the intention to commence such suit has been served on the University by the intending plaintiff or his agent.
(4) The notice referred to in subsection (3) shall clearly state the:
(a) cause of action;
(b) particulars of the claim;
(c) name and place of abode of the intending plaintiff; and
(d) the relief sought.

Notice, summons, or other documents required or authorised to be served on the University under this Act or any other enactment or law, may be served by:(a) delivering it to the Vice-Chancellor or the Registrar; or
(b) sending it by registered mail to the postal address of the University.

In any action or suit against the University, no execution shall be levied or attachment process issued against the University unless at least three months' notice of the intention to execute or attach has been given to the University.

(1) All property held by or on behalf of the Transitional Governing Council 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 the transfer of property to the University and other matters mentioned in that Schedule. [Second Schedule]

In this Act:
"academic staff" means the Vice-Chancellor, Professors, Readers, Senior Lecturers, Lecturers, Assistant Lecturers, the Librarian and such other persons in the employment of the University engaged in teaching or research as the Council, on the recommendation of the Senate, may grant the status of members of the academic staff of the University;
"academic year" means such period not exceeding twelve consecutive months as the Senate may so designate;
"administrative staff t means those persons in the employ of the University, other than the academic staff, who hold administrative, professional or technical posts designated by the Council as senior posts;
"appropriate authority" means any person, body or authority authorised by law to act in a specific or general capacity in relation to a subject matter;
"campus" means any campus which may be established by the University;
"centre" means any centre which may be established by the University;
"chairman" means the Chairman of the Council;
"college" means any college which may be established by the University;
"Congregation" means the Congregation of the University established under this Act;
"Constitution" means the Constitution of the Federal Republic of Nigeria, 1999;
"Convocation" means an assembly of the University established under this Act;
"Council" means the Council of the University established in section 8 of this Act;
"faculty" means a faculty of the University;
"functions" includes powers and duties;
"government" means the Federal Government of Nigeria;
"graduate" means a person on whom a degree, other than an honorary degree, has been conferred by the University and any other person as may be designated as a graduate by the Council, acting in accordance with the recommendation of the Senate;
"graduates association" means any association recognised by the Council under the provisions of this Act or the Statutes;
"gross misconduct" means any act of misconduct and improper behaviour that may be designated as gross misconduct by any statute or regulation made, under this Act;
"members of the University" means those persons or office-holders described in the Statute;
"Minister" means the Minister charged with responsibility for matters relating to education;
"misconduct" includes any conduct which is prejudicial to the good name of the
University or discipline and the proper administration of the business of the University;
"notice" means notice in writing;
"officers of the University" means those persons or office-holders described in the First Schedule to this Act but does not include the Visitor;
"other staff" means those persons in the employ of the University who are not members of the academic staff or the administrative staff;
"prescribed" means prescribed by this Act, Statutes, or regulations of the University;
"professor" means a person designated as a professor of the University in accordance with provision in that behalf made by regulations and includes a visiting professor;
"property" includes rights, liabilities and obligations;
"regulations" means any regulation of the University made by the Senate or under the provisions of this Act;
"Senate" means the Senate of the University established by this Act;
"Statute" means a Statute made by the University under section 14 of this Act and in accordance with the provisions of Section 15 of this Act;
"student" means a person who has been registered as a student of the University during a current academic year for a first or higher degree, diploma, certificate or such other qualification of the University as may be approved by the Senate as qualifying a person for the status of a student;
"teacher" means a person appointed as a member of the staff of the University on full-time or part-time teaching duties and shall include such persons employed on research duties in the University as are required also to teach;
"Transitional Governing Council" means a provisional Council constituted for the University by the Chief of Army Staff, before the commencement of this Act;
"undergraduate" means a person in statu pupillari in the University, other than:
(a) a graduate; and
(b) a person of such description as may be prescribed for the purpose of this definition; and
"University" means Nigerian Army University, Biu established under this Act.

This Act may be cited as the Nigerian Army University, Biu (Establishment) Act, 2020.