Concerned Academic Stakeholders, University of Abuja (UniAbuja) has disclosed that the present appointment of the Vice Chancellor lacked the four principles of appointment.
The stakeholders identified the four principles to include: legality – adherence to statutory mandates, meritocracy – selection based on compliant qualifications, equity – fairness to all applicants and
Institutional continuity – protection of stability and credibility.
This was disclosed in statement made available to newsmen in Abuja, by Prof. Oluwaseun Livingstone Fayose – Faculty of Law; Prof Fatima Ribadu – Faculty of Social Science; Prof. Folake Agnes lge – Faculty of Arts; Prof. Khalid Ibrahim Musa – Faculty of Sciences; Prof. Ibinabo Hart – Faculty of Management Science; Prof. Sambo Ishaq – Faculty of Education – for Concerned Academic Stakeholders, University of Abuja, Abuja.
“The present appointment, if indeed lacking compliance with the Ph.D. requirement, directly violates all four principles”.
According to the statement, university leadership appointments in Nigeria are governed by a complex interaction of statutory provisions, regulatory standards of the National Universities Commission (NUC), and internal governance instruments of individual universities.
“At the core of this framework is the principle of strict compliance with advertised qualifications and minimum academic standards. The present controversy surrounding the appointment of a substantive Vice-Chancellor at the University of Abuja raises fundamental questions of legal validity, procedural integrity, and institutional consistency. This analysis examines the appointment strictly from the standpoint of non-compliance with advertised requirements (Point 2) and the historical governance practice of the University of Abuja”.
“In administrative law, once a public institution publishes eligibility conditions for an office, those conditions acquire binding legal force. They form the basis of legitimate expectation for all applicants and define the outer limits of institutional discretion”.
“The advertised requirement of possession of a Doctor of Philosophy (Ph.D.) degree for the office of Vice-Chancellor is not a casual preference but a mandatory statutory threshold, aligned with: National Universities Commission (NUC) Benchmark Standards,
the Universities (Miscellaneous Provisions) Act and
established norms of academic leadership in Nigerian universities.
The statement added that, deviation from such a mandatory requirement constitutes an ultra vires act—that is, an action taken outside the lawful authority of the appointing body. Ultra vires actions are, by settled jurisprudence, null and void ab initio.
“The legal and academic systems in Nigeria draw a clear distinction between:
Professional Fellowships, and
Academic Doctorates (Ph.D.)
“While fellowships may represent advanced professional certification, they do not constitute terminal academic research degrees. This distinction is not merely theoretical; it has been judicially affirmed.
“The National Industrial Court, in interpreting the National Medical College Act and related statutes, established that a medical fellowship—even at postgraduate level—cannot be equated with, nor superior to, a Ph.D. for academic or administrative appointments in Nigerian universities”.
“From an epistemological standpoint, a Ph.D. certifies:
Original scholarly contribution,
Research leadership,
Advanced theoretical competence,and the University-wide academic governance capability”.
“A fellowship, by contrast, primarily validates clinical or professional specialization, not comprehensive academic leadership across multi-disciplinary university systems. Consequently, substituting a fellowship for a Ph.D. in a Vice-Chancellorship appointment represents both a category error in academic credentials and a regulatory breach”.
“University governing councils exercise delegated statutory authority rather than inherent power. This delegation is conditional upon strict adherence to: Federal education laws, and NUC regulations.
“The doctrine of strict compliance prohibits governing councils from waiving core eligibility conditions once these have been publicly advertised. Any such waiver undermines:
transparency of the selection process, equality of opportunity among applicants,
regulatory supervision by the NUC, and institutional legitimacy.
“Failure to comply strictly therefore vitiates the entire appointment process, regardless of the appointee’s experience or perceived competence”.
The statement, further, explained that the examination of leadership transitions at the University of Abuja since its establishment reveals a consistent governance philosophy characterized by: full regulatory compliance,
risk-averse leadership selection, preference for legally unassailable candidates and avoidance of appointment controversies likely to attract external litigation.
“In previous selection cycles, where multiple candidates were academically strong, the Governing Council historically prioritized:
“A rigorous academic and legal evaluation of the substantive Vice-Chancellor appointment at the University of Abuja, viewed strictly through the lens of Point 2 (advertised requirement compliance) and institutional precedent, leads to one clear inference: failure to meet a mandatory Ph.D. requirement constitutes a fundamental disqualification”. Such non-compliance invalidates the appointment in both law and governance ethics.
“Furthermore, the long-standing tradition of the University in selecting the least controversial and most legally defensible candidate reinforces the argument that the Governing Council is institutionally obligated to correct the present anomaly through elevation of the fully qualified, non-controversial candidate from the existing shortlist”, the statement added.
