A document has been prepared stating the process that will lead to the emergence of an Acting Vice Chancellor of the University of Ibadan.
The incumbent, Prof. Idowu Olayinka, has been directed by the National Universities Commission to hand over to one of the professors to be chosen in acting capacity either on November 30 or December 1, 2020.
The document was prepared by J. O. A. Akintayo of Department of Jurisprudence and International Law, University of Ibadan, Ibadan.
It was learnt that the Senate of the University of Ibadan will be participating in the process for the appointment of an Acting Vice Chancellor for the first time on Monday (today).
Recall that the last three Acting Vice-Chancellors of the institution: Prof. Olufemi Bamiro, Prof. Oladosu Ojengbede and Prof. Ayo Banjo, were all appointed by the Governing Council of the University.
At that time, these eminent Professors were the most senior administrative officers in the university, being Deputy Vice Chancellor (Administration), Provost, College of Medicine (there were no DVCs) and Deputy Vice-Chancellor respectively.
According to Akintayo, he wrote this piece to guide the Senate on the procedure for appointing an Acting Vice Chancellor in view of the fact that it can regulate its procedure and there are no elaborate rules guiding the process.
Akintayo stated that the incumbent Vice Chancellor is the statutory Chairman of Senate by virtue of all extant laws and there is no rule that precludes the VC from presiding at the Senate meeting of today.
He noted that the tenure of the incumbent VC ends at 11:59pm today.
He said: “Who can preside at the Senate meeting called to nominate an Ag VC? The incumbent Vice Chancellor is the statutory chairman of Senate by virtue of all extant laws.
“There is no rule that precludes the VC from presiding at the Senate meeting of 30 November, 2020.
“The decision to ask the VC to recuse himself from the election of Senate Representatives on the Selection Board does not extend to this Senate meeting.
“The tenure of the incumbent VC ends at 11.59 p.m. on 30 November, 2020.
“In the absence of the Vice Chancellor, the right to preside at Senate meeting ordinarily devolves on the Deputy Vice Chancellors in the order of their seniority.
“However, in view of the fact that it is not expedient for the DVC (Administration) to preside and the DVC (Academic) and the DVC (RISP) are persons of interest in respect of the office of Ag. VC, it is suggested that where the VC is not available for any reason whatsoever or where he recuses himself, Senate should appoint a Chairman pro tempore to preside at the meeting.
“The Chairman pro tempore must be a person who is not interested in standing election as Ag. Vice VC.
“The highest university official is to call the meeting to order and preside over the election of the Chairman pro tempore.”
Akintayo stated the Chairman pro tempore may be by consensus and in default of consensus by election.
He added: “How will the Chairman pro tempore be selected?
“The decision to appoint a Chairman pro tempore may be by consensus and in default of consensus by election.
“Nominations must be called and all persons duly proposed and duly seconded must give their consent to serve.
“Where there are multiple nominations it is suggested that Senate should vote and the candidate with the highest number of votes should be returned as Chairman pro tempore.
“Senate should agree on the Rules of Procedure to guide the election of the Acting Vice Chancellor.
“The next section suggests some rules.”
The International law professor said the Senate should in advance agree on how many candidates re to be nominated and there should be a Yes or No ballot boxes.
He said: “Senate should in advance agree on the following:
“How many candidates are to be nominated? It is suggested that even if one candidate is nominated.
“There should be a Yes or No ballot and the sole candidate will be declared to have won where he or she secures the majority of Yes votes over No votes.
“Where there is equality of votes, a second ballot should be held and where there is still equality of votes, the candidate should be deemed rejected and another nomination or nominations taken.
“Where there are two candidates a candidate is elected if he or she secures more than 50% of the votes cast.
“Where there are three or more candidates, a candidate is elected where he or she obtains more than 50% of the total votes cast.
“Where there are three or more candidates and no candidate has secured more than 50 % of the total votes cast, then a second election is to be conducted and the candidates at the second election shall be the two candidates with the highest votes in the first election.
“At the second election between the two candidates with the highest election a candidate is elected if he or she secures more than 50% of the votes cast.”
Akintayo stated that for a candidate to be eligible to stand election as Ag Vice Chancellor, he or she must be a Professor of not less than 10 years’ standing.
He said: “Who is eligible and not eligible to stand election as Ag Vice Chancellor?
“It is desirable that a candidate for the office of Ag. Vice Chancellor should satisfy the University of Ibadan criteria for the office of Vice Chancellor i.e., he or she must be a Professor of not less than 10 years’ standing.
“A candidate for the office of Ag. Vice Chancellor must not be someone who is due for retirement from the service of the University within the next 6 months.
“The Federal Government has instructed that the Ag. VC must NOT be a candidate in the ongoing process to appoint the 13th Vice Chancellor.
“The Chairman pro tempore is disqualified to stand as a candidate.
“Candidates who have filed nomination to stand as Senate Representatives on the Selection Board should not stand as candidates for Ag VC.
“Senate should decide if persons who have nominated or seconded the nomination of any person as a candidate for Senate Representative on Selection Board for the appointment of Vice Chancellor can stand election for the office of Ag. VC.”
Akintayo added that the Senate should take advice on the right of a Deputy Vice Chancellor to act for the Vice Chancellor when the office of the Vice Chancellor is vacant under extant laws.
He said: “Areas to pay close attention to:
“Senate should take advice on the right of a Deputy Vice Chancellor to act for the Vice Chancellor when the office of the Vice Chancellor is vacant under extant laws.
“A Government circular cannot override a mandatory requirement of law.
“Care should be taken not to throw out any duly seconded nomination for the office of Ag VC.
“It is suggested that where there are nominations in excess of 4, Senate may hold a first ballot to limit the number of candidates to 4, selecting the candidates with the four highest votes for the main election.
“Where there is equality of votes between two candidates Senate should explore how to resolve the deadlock and this might include casting lot between the two candidates.”
As at press time, voting to elect who succeeds Olayinka in acting capacity, for not more than six months, had commenced.