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The University of Cross River State Alumni Association commends Governor Bassey Otu, the Visitor to the University, for his consistent commitment and support to the institution since taking office. Notably, despite the nation’s challenging times, the Governor has prioritized the university’s needs, including ensuring steady salary payments, approving the establishment of the Faculty of Medicine, and successfully relocating the Obubra Campus to the Okuku satellite campus, thereby streamlining campus operations.
Despite remarkable efforts, the University has been embroiled in a crisis surrounding the legitimacy of its leadership. A contentious issue has been the tenure of the current governing council, with internal members having exceeded their statutory four-year term, as stipulated in the University Establishment Law, by over a year and getting to two years. This protracted tenure has created a logjam, preventing the congregation, Senate and Convocation from holding elections to replace or re-elect outgoing members, as their terms are tied to that of the governing council.
While the governing tenure remains a contentious issue, the alumni Association is also deeply concerned about the legitimacy of the current management, particularly in light of Section 3(3) of the First Schedule of the University’s Establishment Law. This provision stipulates that in the event of a vacancy in the Vice Chancellor position due to death, incapacitation, or removal from office, the Visitor to the University shall appoint an Acting Vice Chancellor to serve for a period not exceeding six months.
However, the current Acting Vice Chancellor, Prof. David Abua Ogar having served a six- month tenure in Acting capacity as stipulated by law, initially from November 17, 2019, to May 6, 2020, one would have expected that he should have been re-appointed in a substantive capacity as he has all the credentials to lead the institution as its substantive Chief Executive Officer. His reappointment in an acting capacity on August 31, 2024, raises questions about the governing council vis-a-vis the government’/ adherence to the institution’s laws.
The alumni had initially perceived his reappointment in acting capacity as a misstep or the activation of the doctrine of necessity by the governing council because of the leadership crisis in the university at the time therefore opted to remain silent to avoid exacerbating the already tense atmosphere. However, with the former substantive Vice Chancellor’s suspension exceeding six months and the current Vice Chancellor’s re-appointment also exceeding three months (nine months all together), the government’s silence has become increasingly concerning. The association had anticipated a clear directive from the government regarding the former Vice Chancellor’s fate or an advertisement for a substantive replacement at least from the date the current VC clocked three months, but the prolonged silence has only added to the uncertainty.
Unequivocally, the interpretation of section 3(3) of the UniCross Establishment law is simple; on no condition should a particular person serve for more than six months. But it can be less but not more. For instance, Prof. Emmanuel Ingwu was appointed Acting VC of UniCross for just one day before. Both Professors Joshua Akon and Prof. Augustine Angba were appointed Acting VCs for initial period of three months. Although they were both eventually reappointed after finishing their initial three months, on announcement, the governor stated clearly that their appointments were for three months. This lay credence to the fact that one can act for less than six months but no more on no account.
Given the foregoing, it has therefore become imperative for the association to remind the governor about the uncertain leadership situation at the university. As we’ve previously stated, stability is important for the university’s growth, particularly in aligning with the Governor’s People’s First agenda. However, the lingering question mark over the leadership’s legitimacy hinders this stability. While some argue that the appointment of a substantive Vice Chancellor in between can justify the reappointment of an Acting Vice Chancellor who previously exceeded the legally allowed term, the facts remains that this reasoning contradicts the University Establishment Law and the Nigerian Universities Miscellaneous Act (1993).
This argument is fundamentally flawed, suggesting that a former governor or president who has served the maximum eight-year term can recontest if there have been intervening administrations. For instance, it implies that His Excellency Mr. Donald Duke, who previously served as Governor of Cross River State, could run again simply because two governors have held office since his tenure. This reasoning not only defies logic but also contravenes the explicit provisions and underlying principles of the institution’s founding laws. There’s also the question of the reasoning behind considering Prof. Ogar only good enough for acting appointment and not substantive.
Nevertheless, it is the alumni’s considered opinion that the governor should scrutinize the records to determine if the current council is legally qualified to oversee the appointment of a new substantive Vice Chancellor, having also exceeded the legally allowed four-year term without extension or reconstitution. If found to be qualified, in line with the law establishing the institution, he should direct the council to advertise for a new VC immediately, where Prof. Ogar can be confirmed as substantive VC or another qualified person appointed for the stability of the institution. However, if the council’s tenure is deemed illegitimate, the association urges the governor to constitute a new council promptly, ensuring the university’s progress through the appointment of a new Vice Chancellor.
We equally urge the Attorney General of the State and Commissioner for Justice to provide a clear interpretation of the university laws to the Governor, ensuring that all decisions align with the existing laws. Specifically, we request guidance on the suspension and appointment of an acting Vice Chancellor, which we believe exceeded the legal authority of a governing council, or was ultra vires, tenure of office of an acting Vice chancellor and other principal officers, etc. A citadel of learning like UniCross cannot afford to perpetuate errors, as the consequences would be dire for the institution. The alumni association particularly fears that if the legitimacy of the university’s leadership were challenged in court, key decisions, including promotions and the validity of certificates could come under serious scrutiny, jeopardizing the university’s reputation and the future of its students.
As concerned stakeholders, we hereby put the government on notice that, despite numerous private and public letters urging them to take action, our efforts have been met with silence. In light of this, we are calling for an immediate action from the government to provide clear direction to the university. Failure to do so will leave us with no choice but to escalate our actions, including seeking intervention from the regulatory body overseeing Nigerian universities.
e-Signed:
Comrade Inyali Peter, Ph.D.
National President/Member of Council
