http://www.punchng.com/opinion/lead-city-varsity-in-the-eye-of-the-storm/Lead City varsity in the eye of the storm
Executive Secretary, National Universities Commission, Prof. Julius Okojie
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The inclusion of Lead City University among the seven institutions whose licences were suspended appears to me as stabbing the law in the heart. The enlistment negates the principle of rule of law and calls for the attention of the Attorney-General of the Federation and promoters of rule of law in Nigeria.
Lead City University was licensed by the Federal Government in 2005 and is currently in its eighth session. The Ibadan-based institution appears to have always found itself on the black book of the National Universities Commission because of the attitude of Prof. Julius Okojie, which Justice Jonathan Shakarho of the Federal High Court, Ibadan in his judgment of July 26, 2011, described as a "constructive malice".
The Nigerian education system has suddenly become a house divided against itself, giving room for people to use government powers to fight their private enemies under the pretence of sanitising the system. Even though the NUC does not have the right under the law to suspend or withdraw a university licence, its powers are restricted to only academic programmes, ADVISORY and CONSULTATIVE roles.
This fact was substantiated by a competent court of law in the case of suspension of CETEP City University licence in 2006, when the court judgment reads, "It's trite law that a power to function is derived from the act creating it. It is clear that the Respondent (NUC) in all its statute empowerment lacks the power to suspend, even if it's a regulatory authority. It therefore means that it acted ultra vires its powers and its decision is liable to be quashed" – in CETEP v. NUC in SUIT No: FHC/AB/M/489/06 (Interestingly, till date, NUC has yet to appeal the court decision).
Crucially, the public deserves to know that Section 4 of the National Universities Commission Act Cap N81 states that the functions of the commission shall be to –
a) ADVISE (emphasis mine) the President and the Governors of the states, through the Minister, on the creation of new universities and other degree-granting institutions in Nigeria;
b) Prepare, after CONSULTATION (emphasis mine) with all the state governments, the universities, the Nation Manpower Board and such other bodies as it considers appropriate, periodic master plans for the balanced and co-ordinated development of all universities in Nigeria and such plans shall include:-
I. The general programmes to be pursued by the universities, in order to ensure that they are fully adequate to meet national need and objectives;
II. Recommendations for the establishment and location of new universities as and when considered necessary, and in accordance with the commission's approved guidelines;
III. Recommendations for the establishment of new academic units in existing universities or the approval or disapproval of proposals to establish such academic units.
Within the purview of the existing laws, NUC advises the President on the creation of new universities, based on the application of an implementation committee of the proposed private university and report of the Screening Committee of Private Universities, which equips the NUC on advising the Federal Executive Council through the Minister of Education on the viability of approving the licence of a private university. It is expected that following the rule of law, the commission would adhere to Section 4 (b) of NUC Act which makes consultation with the universities necessary.
On a very clear note, suspension or withdrawal of a university licence should follow the route of the law which gave birth to it as contained in Section 4 (a) of the NUC Act. On receipt of such advice, the President would have equally sought for the legal advice of the Attorney-General of the Federation who would have informed him about the legal implications of suspending the licence of an institution which has a valid court judgment which the NUC itself is currently challenging at the Appeal Court except if, such purported suspension is on another reason.
Section 10 (1) of the Education (National Minimum Standards and Establishment of Institution) Act gives the NUC power to lay down minimum standards for all universities and to accredit their degree and other academic awards. The two Acts i.e. NUC and Education (NMSEI) Acts do not in my view give the commission power to do otherwise.
This is one out of the many reasons why the NUC Act needs to be amended to cater for the public-private-partnership which government subscribed to in 1999. Inasmuch as, I would not canvass for private universities to underrate the efforts of the NUC at building a standard-driven university system, I think the commission should also begin to see private universities as partners not rivals.
Curiously, if truly the suspension order of the NUC comes without malice and frivolity, the forensic audit to be carried out after the announcement of the suspension should have come earlier and likewise, such an audit report would have formed a formidable basis for suspending the licence; learning from the case of the University of Abuja where a NEED Assessment report revealed the loopholes and provided a genuine basis for suspending the affected programmes Not UNIABUJA's licence.
If the audit had come earlier, the NUC should by now be advising that, for instance, your computer lab requires more 100 personal computers; or you need to employ more Ph.D holders in your Economics department, among other scenarios. This ought to have been the case rather than the one-size fits-all reasons highlighted in the NUC advertorial which failed to clearly state the exact shortcomings of each institutions grouped together in their advert.
Noteworthy, the seven institutions grouped together do not share the same academic rankings, same academic structure, same vision, and same resources. The NUC should not wrongly influence public perception with such inchoate assemblage.
As far as we realise that Lead City University is not above correction, the NUC should also avoid treading the path of a contemnor; it should let the public know where Lead City, like other universities, got it wrong outside the Law programme whose matter remains subjudice.
My poser for the NUC thus includes:
•Shouldn't a forensic audit on the affected universities come before the suspension order as in the case of UNIABUJA where a NEED Assessment was carried out before suspending the programmes not UNIABUJA's licence?
If yes
•Does Lead City deserve not to know its shortcoming(s) for prompt remedial action before the suspension order?
•Is each of the suspension grounds highlighted in the NUC advertorial applicable to all the private universities listed?
•Which law gave the NUC the powers to suspend the licence of a university without evidence of notice from the President who is the head of the Federal Executive Council which granted the licence?
•Shouldn't there be a platform for the Quality Control Unit of the NUC and that of universities to meet from time-to-time?
•Olanrewaju-Smart, wrote in from House of Representatives Committee on Education, Abuja.
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