The Federal Ministry of Schooling has made identified the collapse of the tenures of provosts of federal faculties of schooling in Nigeria from four-year two phrases to a five-year single-term.
The ministry gave an in depth clarification relating to the implementation of the Federal Faculties of Schooling Act, 2023, significantly in regards to the tenure of provosts.
The clarification as contained in a letter addressed to the Joint Motion Committee (JAC) of Workers Unions of the Federal Faculty of Schooling (Technical), Akoka, dated Could 23, 2024, was meant to supply readability to keep away from potential crises within the sector.
Based on the letter signed by Ezonebi Blessing Azorbo, the director of authorized providers on the Ministry of Schooling made accessible to journalists on Monday, Could 27, 2024, the amended Act stipulates a single, non-renewable five-year time period for provosts of Federal Faculties of Schooling.
The letter famous that the supply is aimed toward standardising tenure throughout establishments and making certain a transparent succession plan.
It highlighted key provisions of the Act, together with the one time period of 5 years as per part 13(6) of the amended Act, which means provosts are actually restricted to a single time period of 5 years with out the opportunity of a renewal.
The letter famous that provosts with lower than 5 years in workplace will serve a single time period of 5 years, no matter their authentic appointment phrases.
These serving a second time period on the time the Act was enacted will full their present four-year time period with none extension.
As well as, it states that for provosts who had not accomplished their first four-year time period earlier than the Act’s enactment, a further 12 months is added to make it a five-year time period, with no possibility for renewal.
Nevertheless, for provosts re-appointed for a second four-year time period earlier than the Act’s graduation, the present time period will probably be their remaining one, and they won’t transition to a five-year time period.
The ministry emphasised that the measures are supposed to uphold justice and fairness by permitting provosts to finish their appointed phrases with out disruption.
The clear language of the Act displays the legislative intent to supply stability and forestall ambiguity in management transitions inside the faculties of schooling.
The ministry referenced a Supreme Court docket ruling in Olofu v. Itodo (2010), which underscores the significance of decoding statutes in keeping with their plain and strange which means.
It was famous that the precept had guided the ministry’s interpretation of the brand new provisions. The ministry stated any unresolved points or grievances relating to the provisions must be directed to the governing council of the respective establishments for additional consideration.
The Federal Ministry of Schooling recommended JAC for its efforts to keep up a peaceable industrial surroundings and reiterated its dedication to implementing the Federal Faculties of Schooling Act, 2023, and different related laws.
“That part 13 (7)(b) of the FCE (Modification) Act, 2023 supplied two eventualities, the primary being a scenario the place the Provost was appointed within the first occasion and has not accomplished the tenure of workplace of 4 years earlier than the graduation of the modification Act, then he shall serve for 5 years with out having fun with a renewal of appointment.
“On this case, yet another 12 months shall be added to the sooner 4 years as acknowledged on the appointment letter based mostly on the repealed Act.
“The second state of affairs which is the case at hand is the place a Provost has accomplished the primary tenure of 4 years and has been re-appointed for an additional tenure of 4 years when the modification Act commences, he shall be deemed to be serving his final time period of workplace of 4 years with out additional extension.
“The non-further extension on this case is that he can not years with out additional extension. The non-further extension, on this case, is that he can not take pleasure in 5 years underneath the second tenure as loved by the provost within the first state of affairs. He’ll due to this fact full the four-year time period of the second tenure,” the assertion reads partly.