UNIVERSITY OF IBADAN ACT

196319 sectionsFederal Republic of Nigeria

Section 1: Establishment and general purposes of the University

(1) There is hereby established, as the successor of the University College, Ibadan, a university which shall be a body corporate by the name of the University of Ibadan (in this Act referred to as "the University") and shall be constituted in accordance with the provisions of this Act.
(2) It shall be the general function of the university to encourage the advancement of learning throughout Nigeria and to hold out to all persons without distinction of race, creed or sex, the opportunity of acquiring a liberal education; and for the purpose of carrying out that function it shall be the duty of the University, so far as its resources permit-
(a) to provide such facilities for the pursuit of learning and the acquisition of a liberal education as are appropriate for a university of the highest standing; and
(b) to make those facilities available on proper terms to such persons as are equipped to benefit from the use of the facilities.

Section 2: Constitution 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) a body to be called Congregation;
(e) a body to be called Convocation;
(f) the persons holding offices constituted by the First Schedule to this Act and not mentioned in the foregoing provisions of this section;
[First Schedule.)
(g) all graduates and undergraduates; and
(h) all other persons who are members of the University in accordance with provision
made by statute in that behalf.
[First Schedule.]
(2) The First Schedule to this Act shall have effect with respect to the principal officers of the University therein mentioned; and subject to section 4 of this Act, the Second Schedule to this Act shall have effect with respect to the bodies referred to in the foregoing subsection.
[Second Schedule.]

Section 3: Functions of the 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 Congregation held for conferring degrees and at all meetings of Convocation.
(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 except the deputy Vice-Chancellor when so acting and the Pro-Chancellor shall when he is present be the chairman at all meetings of the Council.

Section 4: Composition of the Council

The Council of the University shall consist of-
[1993 No. 11. 1996 No. 25.](a) the Pro-Chancellor;
(b) the Vice-Chancellor;
(c) the Deputy Vice-Chancellors;
(d) one person from the Ministry responsible for education;
(e) nine persons representing a variety of interests and broadly representative 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 the Congregation from among its members;
(h) one person appointed by Convocation from among its members.

Section 5: Functions of the Council

(1) Subject to the provisions of this Act relating to the Visitor, the Council shall be the governing body of the University and shall have the general management of the affairs of the University and in particular the control of the property and expenditure of the University.
(2) Subject to subsection (6) of this section, the Council shall have power to do anything which in its opinion is calculated to facilitate the carrying on of the activities 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; and a statute may alter or repeal any provision of this Act but shall not-
(a) come into force until it has been confirmed by the Minister; or
(b) have effect in any part of Nigeria in so far as it is inconsistent with the law in force in that part of Nigeria.
(4) The Minister shall, on confirming a statute, forthwith lay a copy of it before each House of the National Assembly; and if either House, on any of the twenty days on which it sits next after the day on which the statute is laid before it, resolves that the statute be annulled, it shall cease to have effect on the day next following the date of the resolution and be deemed never to have had effect.
(5) Nothing in subsection (3) or (4) of 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.
(6) The Council shall not have power to dispose of or charge any lands or an interest in any lands (including any lands transferred to the University by this Act) which are held by or on behalf of the University except with the prior written consent, either general or special, of the Minister.
(7) 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 shall consist of-
(a) the Pro-Chancellor, who shall be the chairman of the Committee at any meeting at which he is present; and
(b) the Vice-Chancellor; and
(c) eight other members of the Council appointed by the council, of whom-
(i) not less than two shall be teachers; and
(ii) if the Council has appointed a treasurer, one shall be the treasurer,and the quorum of the Committee shall be four and (subject to the provisions of this subsection) the Committee may regulate its own procedure.
(8) The Council shall keep proper accounts in respect of the period of twelve months ending with the thirty-first day of December in each year, and proper records in relation to those accounts; and 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 purposes of the University, the Council shall cause the accounts kept in pursuance of this subsection for any period to be audited as soon as may be after the end of that period by an approved auditor within the meaning of section 20 of the Banks and other Financial Institutions Act (which provides for the accounts of banks to be audited by a member of a professional body approved by the Minister of the government of the Federation responsible for finance).
[Cap. B3.]
(9) The council shall prepare and submit to the President, not later than the thirty-first day of January in each year, a report in such form as the President may direct on the activities of the university during the period of twelve months ending with the preceding thirty-first day of December, and shall include in the report a copy of the last accounts audited in accordance with subsection (8) of this section and a copy of the auditor's report on the accounts; and the President shall cause a copy of each report made to him in pursuance of this subsection to be laid before each House of the National Assembly.

Section 6: Functions of the Senate

(1) Subject to the last foregoing section and the provisions of this Act relating to the Visitor, it shall be the general function of the senate to organise and control the teaching at the University and the admission and discipline of students and to promote research at the University.
(2) Without prejudice to the generality of the foregoing subsection and subject as there mentioned, it shall in particular be the function of the Senate to make provision for-
(a) the establishment, organisation and control of faculties and other departments of the University, and the allocation to different departments of responsibility for different branches of learning;
(b) the appointment and promotion of teachers at the University;
(c) the organisation and control of courses of study at the University and of the examinations held in conjunction with those courses;
(d) the award of degrees. and such other qualifications as may be prescribed, in connection with examinations held as aforesaid;
(e) the making of recommendations to the Council with respect to the award to any person of any honorary fellowship or honorary degree or the title of professor emeritus;
(f) the selection of persons for admission as students at the University;
(g) the establishment, organisation and control of halls of residence and similar institutions at the University;
(h) the supervision of the welfare of students at the University and the regulation of their conduct;
(i) the grant of fellowship, scholarships, prizes and similar awards, in so far as the awards are within the control of the University; and
(j) 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 may make regulations for the purpose of exercising any function conferred on it either by the foregoing provisions of this section or otherwise.
(4) Regulations shall provide that at least one of the persons appointed as the examiners at each 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.
(5) Any department established for the University and designated by regulations as a faculty of the University shall be organised in accordance with the provisions of the Third Schedule to this Act.
[Third Schedule.]

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 3 of this Act, except the Pro-Chancellor and any other person for the time being acting as chairman of the Council.
(2) Subject to the two last foregoing sections and the provisions of this Act relating to the Visitor, the Vice-Chancellor shall to the exclusion of any other person or authority 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.

Section 8: Transfer to University of College property, etc

(1) On the appointed day-
(a) all property held immediately before that day by or on behalf of the College 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; and
(b) the College shall cease to exist; and
(c) the University College, Ibadan, Act and, subject to the following subsection, any instruments in force by virtue of that Act, shall cease to have effect.
(2) The provisions of the Fourth Schedule to this Act shall have effect with respect to, and to matters arising from, the transfer by this section to the University of the property of the College and with respect to the other matters mentioned in that Schedule.
[Fourth Schedule.]

Section 9: The Visitor

(1) The President shall be the Visitor of the University, and shall as often as circumstances may require not being less than once every five years, conduct a visitation of the University or direct that a visitation of the University shall be conducted by such person and in respect of any of the affairs of the University as may be specified in the direction.
(2) It shall be the duty of the bodies and persons comprising the University-
(a) to make available to the Visitor, and to any other persons conducting a visitation in pursuance of this section, such facilities and assistance as he or they may reasonably require for the purposes of a visitation; and
(b) to give effect to any instructions consistent with the provisions of this Act which may be given by the visitor in consequence of a visitation.

Section 10: Removal of Pro-Chancellor and other officers, etc

(1) If it appears to the Council that the Pro-Chancellor or a member of the Council (other than the Vice-Chancellor or the deputy Vice-Chancellor) should be removed from office on the ground of misconduct or inability to perform the functions of this office, the Council shall make a recommendation to that effect to the President; and if the President, after making such enquiries (if any) as he considers appropriate, approves the recommendation he may, by an instrument in writing signed by him, remove the person in question from office.
(2) If it appears to the Council that there are reasons for believing that, the deputy Vice-Chancellor or any other person employed as a member of the staff of the university should be removed from his employment on either of the grounds aforesaid, 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 committee with respect to the matter, and if the Council after considering any representations and report made in pursuance of this subsection, 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.
(3) If it appears to the Vice-Chancellor that a person appointed as an examiner for any examination organised by the senate ought to be removed from his appointment then except in such cases as may be prescribed, he may, after affording to 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 subsection (4) of section 5 of this Act, the Vice-Chancellor may appoint an appropriate person as examiner in the place of examiner removed in pursuance of this subsection.
(4) It shall be the duty of the person by whom an instrument of removal is signed 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 whom it relates.
(5) If it appears-
(a) in the case of the deputy Vice-Chancellor or any other person employed as mentioned in subsection (3) of this section, to the Vice-Chancellor, that the person in question should be removed from his employment in accordance with that subsection, the Councilor, as the case may be, the Vice-Chancellor, may by a notice signed on the directions of the Councilor by the Vice-Chancellor, prohibit him from exercising the functions of his employment with a view to his removal; and on exercising his powers under this subsection the Vice-Chancellor shall forthwith refer the case to the Council, and the Council shall give such directions in the matter as it thinks proper.
(6) Nothing in the last foregoing subsection shall be construed as affecting a person's entitlement to the emoluments of his employment during the period of any prohibition imposed in pursuance of that section.
(7) Nothing in subsection (2) or (5) of this section shall apply to employments of such descriptions as may be prescribed.

Section 11: Discipline of students

(1) Where it appears to the Vice-Chancellor that any student at the University has been guilty of misconduct, the Vice-Chancellor may, without prejudice to any other disciplinary powers conferred on him by regulations, direct that-
(a) 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;
(b) 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;
(c) the student be rusticated for such period as may be specified in the direction;
(d) the student be expelled from the University.
(2) Where a direction is given under paragraph (c) or (d) of the foregoing subsection in respect of any student, the student may, within the prescribed period and in the prescribed manner, appeal from 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 from a direction is brought in pursuance of the last foregoing subsection shall not affect the operation of the direction while the appeal is pending.
(4) Lack of diligence shall be treated as misconduct for the purposes of this section.
(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.

Section 12: Exclusion of discrimination on account of race, religion, etc.

No persons 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, or 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 those matters .

Section 13: Compulsory acquisition of land

For the purposes of the Land Use Act (which provides for the compulsory acquisition of land for public purposes) the purposes of the University shall be public purposes of the Federation.
[Cap. L5.]

Section 14: 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 consisting of members of that body and, to authorise a committee established by it to exercise, on its behalf, such of its functions as it may determine.
(2) Subject as aforesaid, 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 be otherwise provided by regulations, the quorum and procedure of a committee established or meeting held in pursuance of this section shall be such as may be specified by the bodies which determine to establish the committee or hold the meeting.
(4) Nothing in the foregoing provisions of this section shall be construed as-
(a) enabling the Council to empower any other body to make statutes; 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 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 15: Retiring age of academic staff of the University

(1) Notwithstanding anything to the contrary in the Pensions Act, the compulsory retiring age of an academic staff of a University shall be 65 years.
[1993 NO.11. Cap. P4.]
(2) A law or rule requiring a person to retire from the public service after serving for 35 years, shall not apply to an academic staff of the University.

Section 16: Special provisions relating to pension of professors

A person who retires as a professor having served-
[1993 No.11)(a) a minimum period of fifteen years as a professor in the University or continuously in the service of a university in Nigeria up to the retiring age; and
(b) who during the period of service was absent from the University only on approved national or University assignments, shall be entitled to pension at a rate equivalent to his last annual salary and such allowances, as the Council may, from time to time, determine as qualifying for pension and gratuity, in addition to any other retirement benefits to which he may be entitled.

Section 17: 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 fixing of the seal of the University shall be authenticated by the signature of the Chancellor or the Pro-Chancellor or the Vice-Chancellor or such other person as may be provided by statute.
(2) Any document purporting to be a document executed under the seal of the University authenticated as aforesaid 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 specially authorised by the Council to do so.
(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 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 or regulation by a subsequent statute or, as the case may be, by a subsequent regulation, and statutes and regulations may make different provision in relation to different circumstances.
[Cap. 123.]
(7) No stamp or other duty shall be payable in respect of any transfer of property to the University by virtue of section 8 or section 13 of this Act.
(8) Any notice or other instrument authorised or required to be served by virtue of this Act may, without prejudice to any other mode of service, be served by post.

Section 18: Interpretation

(1) In this Act, unless the context otherwise requires, the following expressions shall have the meanings hereby assigned to them respectively, that is to say-
"appointed day" means the day on which this Act comes into force;
"College" means the University College, Ibadan;
"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, and includes a person on whom a degree has been conferred by the University of London, or such other university as may be prescribed, as the result of an examination taken in conjunction with a course of study at the College;
''Minister'' means the Minister charged with responsibility for matters relating to education;
"notice" means notice in writing;
"prescribed" means prescribed by regulations;
"property" includes rights, liabilities and obligations;
"professor" means a person designated as a professor of the University in accordance with provision in that behalf made by regulations;
"regulations" means regulations made by the Senate;
"Senate" means the Senate established by this Act for the University;
"statute" means a statute made by the council and having effect in accordance with section 5 of this Act;
"student" means an undergraduate and a person of such description as may be prescribed for the purposes of this definition;
"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 graduate or a person of such description as may be prescribed for the purposes of this definition: and
"University" means the university established by this Act.
(2) References in this Act to any other enactment are references to that enactment as amended by or under any subsequent enactment.

Section 19: Short title

This Act may be cited as the University of Ibadan Act.