By Wisdom Nwedene
The Social and Mainstream media platforms have been inundated with a letter purportedly emanating from the Federal Ministry of Education dated November 1st, 2024 and addressed to the Pro-Chancellor and Chairman of the Governing Council of Nnamdi Azikiwe University, Awka, Ambassador Greg Mbadiwe which claimed that the Ministry has voided the appointment of Professor Benard Ifeanyi Odoh as the 7th Vice-Chancellor of the premier institution.
In a statement made available to our correspondent on Sunday night by Prof. Odoh’s Media Aide, Charles Otu said the attention of the general public must be drawn first and foremost to the fact that Nigeria’s extant laws clearly specified the roles of the Governing Council of a tertiary institution vis-a-vis those of the Visitor and the parent’s Ministry of Education and in Nigeria, the university governing council plays a unique and critical role in administration and governance of universities.
He further said that it’s the Governing Council of a tertiary institutionthat has been legally granted the authority to oversee the university’s operations, including making key decisions about policies, finances, and appointments—such as choosing a vice-chancellor (VC).
He said this council is designed to function independently, separate from direct control by outside bodies, including the Federal Ministry of Education.
The statement reads ;
“Whereas, the University’s Management whose duty it is to officially clarify the Ministry of Education on it’s enquiries regarding the processes leading to the appointment of Odoh from among Fifteen out of Eighteen other candidates who applied for the same position has through the Registrar, R. I. Nwokike made thorough clarifications attached with facts of the processes and proceedings of the University’s Senate and the Governing Council, including letters of invitation and actual representatives of appropriate authorities present during the October 29th 2024 interview and selection.”
“Whereas also, the institution has rightly stated that all it’s actions were informed and conforms with the statutory requirements set forth in the Nnamdi Azikiwe University Act, Cap 139 (as amended), LFN 2004. The Registrar who doubles as the Secretary to the Council had replied that the actions of the Council were in total conformity with the provisions of Section 6 (a) of the Nnamdi Azikiwe Standing Orders of the Governing Council which stipulates that the quorum requirementse which mandates the presence of five members, including at least one of the following: The Vice-Chancellor or his Deputy, one appointee of the Visitor and one appointee of the Senate.”
“The Registrar had also in response to allegations of violations of due process clarified that due process was meticulously observed throughout the appointment for both the Vice-Chancellor and the Registrar.”
“For further clarification, the attention of the general public must be drawn first and foremost to the fact that our extant laws clearly specified the roles of the Governing Council of a tertiary institution vis-a-vis those of the Visitor and the parent’s Ministry of Education. In Nigeria, the university governing council plays a unique and critical role in administration and governance of universities.”
“It’s a special body that has been legally granted the authority to oversee the university’s operations, including making key decisions about policies, finances, and appointments—such as choosing a vice-chancellor (VC). This council is designed to function independently, separate from direct control by outside bodies, including the Federal Ministry of Education.”
“We must understand that under our existing law, the University Council is established to make decisions in the best interest of the University without external interference. Therefore, the Universities (Miscellaneous Provisions) (Amendment) Act 2003, also known as the Universities Autonomy Act No. 1, 2007, asserts this autonomy by stating that the council’s powers shall be exercised as provided in the law and statutes of each university, and that establishment circulars inconsistent with these laws shall not apply to the universities.”
“While the Ministry of Education oversees general educational standards across the nation, it does not have the legal power to direct or control the daily decisions of a university council, including who should be appointed as Vice-Chancellor. “
“Rather, the council works within a structure of university laws and rules that guide its decisions. It is therefore safe to conclude that the relationship between the University’s Governing Council and the Ministry of Education is structured by law to be respectful, yet separate. Therefore, when the Council reaches a decision, such as appointing a new Vice-Chancellor (VC), (as it has done in the instant case of UNIZIK), it communicates this decision to the Ministry as a form of official notice. This is a requirement for transparency and coordination, not for approval or control.”
“In this way, the council is maintaining its role as an autonomous governing body—a body that can make its own decisions free from outside orders.
This legal separation is important for a number of reasons. First, it allows the university to make choices based on what’s best for its students, staff, and academic goals.”
“Second, it prevents political or outside influences from swaying important decisions about university governance. Autonomy in governance protects academic freedom, allowing universities to promote an environment where ideas can grow, research can advance, and students can learn without outside pressure.”
“In short, Nigerian law recognizes university councils as autonomous bodies with the right to govern their institutions independently. While the Federal Ministry of Education has a general role in supporting and guiding the education sector, it does not have authority over specific university decisions or appointments. This structure is designed to protect universities and ensure they are managed by those closest to their academic mission.”
“By respecting these boundaries, Nigerian universities can operate effectively, making choices that best serve their communities while also upholding national educational standards. This balance of autonomy and oversight is crucial to a healthy and forward-looking educational system in Nigeria and that is exactly the broader goal and objectives pursued by the Council in the case of Nnamdi Azikiwe University, Awka.”
“It is therefore wisdom to urge members of the discerning public to disregard in its entirety the news purporting the declaration of the actions of the UNIZIK Governing Council as null and void. Rather, in compliance with the recent circular of the Management of the institution which informed on it’s website that a high Mass service shall be held on Tuesday as part of activities for the resumption of office of the Seventh Substantive Vice-Chancellor of Nnamdi Azikiwe University, Awka Professor Benard Ifeanyi Odoh, members of the public are cordially invited to witness the events marking the first day in office of the new Vice-Chancellor.”
E-Signed:
Charles O. Otu ,
Personal Assistant, Media and Publicity to Professor Benard Odoh
