NIGERIAN ARMY UNIVERSITY, BIU (ESTABLISHMENT) ACT, 2020

Section 20: Removal and discipline of academic, administrative and other staff of the University.

2020Section 20 of 39Federal Republic of Nigeria

(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.

Cite this section

Section 20, NIGERIAN ARMY UNIVERSITY, BIU (ESTABLISHMENT) ACT, 2020 (2020).

https://repo.podus.ai/laws/nigerian-army-university-biu-establishment-act-2020/section/20/