Following the expiration of the tenure of Prof. A. I. Olayinka as Vice Chancellor on 30 November, 2020, the Governing Council on the recommendation of Senate of the University appointed Prof. A. B. Ekanola as Acting Vice Chancellor for a period of six (6) months, effective 01 December, 2020.
In accordance with the extant law stipulated in the Universities (Miscellaneous Provisions) Amendment Act of 2003, Section 5, Sub-section (14) which states that “An Acting Vice Chancellor in all circumstances, shall not be in office for more than 6 months”, the attention of Council was drawn to the fact that the six month appointment of Prof. A. B. Ekanola as the Acting Vice Chancellor would expire on Monday, 31 May, 2021.
However, Council at its meeting of Wednesday 05 May, 2021 noted that the process of appointing a substantive Vice Chancellor could not be concluded due to the dissolution of the Governing Council.
Given the circumstance, a vacuum cannot be created in the office of the Vice Chancellor and CEO of the University in that if the appointment of a substantive Vice Chancellor cannot be concluded before 31 May, 2021, the position of the Ag. Vice Chancellor shall lapse.
Therefore, Council advised that Senate should consider the above matter and make its recommendation to Council.
Background
It would be recalled that in electing an Acting Vice-Chancellor on 30th November 2020, Senate set aside the provisions of the Act of the University. Indeed two positions were canvassed at the floor of the Senate meeting.
One group supported following the dictates of the Act which would have seen a Deputy Vice-Chancellor being appointed the Acting Vice-Chancellor without going through any election.
On the four earlier occasions where the University of Ibadan had an Acting Vice-Chancellor, it had always been by the Order of Precedence in the hierarchy.
The second group maintained that the Act be set aside and an election conducted as proposed by the letter from the Honourable Minister of Education. This intervention in itself has no place in law.
In order to give peace a chance, the first group conceded to the demand by the second group. Invariably there were five valid nominations, with the sitting Deputy Vice-Chancellor (Academic) Professor A. B. Ekanola winning overwhelmingly, by polling 69.3% of the total votes.
For the records the four earlier instances where the University of Ibadan had an Acting Vice-Chancellor are stated below.
First, when the process for the appointment of a new Vice-Chancellor could not be concluded at the end of the four-year tenure of the 5th Vice-Chancellor, Professor Samson Olajuwon Olayide (1979-1983), the sitting Deputy Vice-Chancellor, Professor Ayo Banjo, was appointed Acting Vice-Chancellor. Prof Ayo Banjo served in the capacity of Acting Vice-Chancellor from 1 December 1983 till 30 November 1984 after which he emerged as the 6th substantive Vice-Chancellor.
Second, when the process for appointing a Vice-Chancellor was not concluded at the end of the tenure of Prof A.B.O.O. Oyediran as the 7th Vice-Chancellor, the two positions of Deputy Vice-Chancellor were vacant. Nonetheless, there was an orderly succession with the Provost College of Medicine, Professor Oladosu Ojengbede, being appointed the Acting Vice-Chancellor and he served in that capacity from December 1995 till March 1996.
Third, by the time Professor Omoniyi Adewoye was completing his tenure as the 8th Vice-Chancellor the process for the appointment of his successor was yet to be completed. Prof Olufunso Olorunsogo, up till then the Deputy Vice-Chancellor (Administration) was appointed Acting Vice-Chancellor and he served from March to September 2000.
Fourth, by the time Professor Ayodele Falase was completing his tenure as the 9th Vice-Chancellor, the process for appointing his successor was not yet completed. Prof O. A. Bamiro up till then the Deputy Vice-Chancellor (Administration) and a very strong contender for the position of Vice-Chancellor was appointed the Acting Vice-Chancellor and he served in that capacity from 25 September 2005 till 30 November 2005. Professor Bamiro was subsequently named the 10th substantive Vice-Chancellor and he served in that capacity from 1 December 2005 till 30 November 2010.
Above had been the norm and precedents at the University of Ibadan over the period from 1983 to 2005.
By deciding to vote for candidates for the position of Acting Vice-Chancellor as caused by the Emergency situation on 30th November 2020, Senate had put in abeyance the provisions of the Act as strongly canvassed by many members of Senate. Senate had thus deliberately invoked the Doctrine of Necessity and the Doctrine of Expediency. It is rather curious that the group that canvassed vigorously for the Act to be set aside on 30 November 2020 is now agitating for a return to the same Act. Academics who seek the truth should observe the maxim “He Who Comes Into Equity Must Come With Clean Hands.”
Examples from other Federal Universities
It should be pointed out that all Federal Universities in Nigeria are governed by the same law as enacted by the National Assembly.
In contemporary times within the Nigeria Federal University System, Professor Anthony Elujoba spent a total of 11 months as Acting Vice-Chancellor at Obafemi Awolowo University Ile-Ife during 2016/2017.
Prof. Adamson spent nine months as Acting Vice-Chancellor at the Federal University of Agriculture, Abeokuta, before a substantive Vice-Chancellor was appointed.
Similarly, the current Acting Vice-Chancellor at the University of Port Harcourt, Prof. Stephen A. Okodudu, completed his first six months which has since been rolled over for another six months as a substantive Vice-Chancellor is yet to be appointed.
As soon as a substantive Vice-Chancellor is in place, the Acting Vice-Chancellor, would step down.
At the Special Meeting of Senate held on 30 November 2020 there were two opposing postions put forward.
Group 1/Position 1:
Follow the Act which would have seen a DVC emerging the Acting Vice-Chancellor without any election. This was the majority opinion.
Group 2/Position 2:
Set aside the Act and call for nominations for the post of Acting Vice-Chancellor. Two members of Senate, one a Head of Department in the Faculty of Multi-Disciplinary Studies and the other a Professor from the Faculty of Science were particularly vociferous in foisting their argument on Senate, much against the norm, precedent and dictates of the law.
In order to give peace a chance those who advocated Position 1 conceded to the conduct of an election knowing full well that the vast majority of members of Senate supported their viewpoint.
The election by secret ballot which followed vindicated the stance of Group 1 with the sitting Deputy Vice-Chancellor (Academic) winning overwhelmingly with almost 70% of the valid votes.
It is rather strange and intriguing that less than six months after the minority group who were in Group 2 on 30 November 2020 are now suddenly glamorising the same document, that is, The Act, which they had no qualms in repudiating before.
As we have noted previously, as academics who seek the truth always the maxim ‘He who comes into EQUITY must come with clean hands’ should be allowed to hold sway.
•Abdul Adedire writes from University of Ibadan
