Bukola Olatunji
6 January 2009
Lagos — The Academic Staff Union of Nigerian Universities (ASUU) has sued the Federal Government over the failure of President Umaru Musa Yar'adua to reconstitute the Governing Councils of federal universities, which were dissolved on October 23, 2007.
In a Suit No: FHC/L/CS/ 5622/08, filed by its Counsel, Mr. Femi Falana, at the Federal High Court, Lagos on December 24, 2008, ASUU is asking the court to declare the alleged refusal of the President to reconstitute the councils as illegal as it violates the enabling law setting up each of the 27 federal universities.
In an affidavit deposed to in support of its originating summons by the union's Administra-tive Secretary, Mr. Michael Odunmorayo, ASUU submitted that the action of the President had adversely affected staff discipline and promotion, students' welfare, approval of development projects and administrative policies which are exclusively vested in the Governing Councils.
ASUU is praying the court to issue an order compelling the President to re-constitute the Councils of the federal universities without any further delay.
No date has however been fixed for the hearing of the case.
National President, Prof. Ukachukwu Awuzie, who confirmed the law suit in a telephone interview yesterday, said the governing councils, by law have a four-year tenure. According to him, "The universities' Pro Chancellors protested and wanted to sue the federal government for the illegal dissolution, but they (the federal government) quickly came out to say it was in public interest, so they held their peace. Not that it was right. Since then, we as a union, have written the federal government, telling them to reconstitute the councils."
ASUU President said not only have Vice Chancellors become Sole Administrators in the absence of governing councils, some universities have been unable to appoint new Vice Chancellors at the expiration of the terms of the incumbents for the same reason.
"The result is that such universities have been saddled with acting Vice Chancellors, who have served for more than the stipulated six months, another illegality. Some of them acted for more than a year due to lack of a governing council. The government that professes the rule of law must respect the statutes establishing the university. The university cannot be run by a Sole Administrator. It is a democratic institution," he said.
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