The Academic Staff Union of Universities (ASUU) at Nnamdi Azikiwe University in Anambra has filed a legal action against the appointment of Prof. Bernard Ifeanyi Odoh and Mrs Rosemary Ifeoma Nwokike as the Vice Chancellor and Registrar of the University.
In the suit filed on Tuesday October 29, at the National Industrial Court of Nigeria in the Awka Judicial Division, marked suit no. NICN/AWK/52/2024, the Claimants sought among others order of perpetual injunction restraining the duo from parading themselves and/or performing the functions of the Registrar and Vice Chancellor of Nnamdi Azikiwe University.
They want the court to declare that the unilateral selection, appointment, and composition of the Selection Board for the appointment of the Registrar of the University on October 21, 2024 and the Vice Chancellor on October 29, is illegal, null and void, ultra vires, and of no effect.
The Claimants avowed that the selection processes of their appointments violate sections 2, 2AA, 3 (2) and 10 of the Universities (Miscellaneous Provisions) Act 1993 (as amended 2007 and 2012) and section 7 of the Nnamdi Azikiwe University Act 1992.
The Claimants also noted that the external members of the Governing Council can validly set the criteria of the qualification for the post of the Vice Chancellor of the University and Registrar and proceed to publish advertisement for the vacancy of the post without the full composition of the Council.
The suit which was filed by Onyeka B. Ehiwuogwu Esq., has Academic Staff Union of Universities (ASUU) Nnamdi Azikiwe University Chapter, Prof. Kingsley Ubaoji (Chairperson, ASUU NAU), Prof. Stanley C. Udedi and Prof. Greg Orji Obiamalu as 1st to 4th Claimants.
It indicated that (2nd-4th Claimants are suing for themselves and representing the interest of Concerned Members of Academic Staff Union of Universities Nnamdi Azikiwe University, who are members of the Senate of Nnamdi Azikiwe University).
Listed as the 1st to 14th Defendants are Nnamdi Azikiwe University; Council, Nnamdi Azikiwe University; Pro-Chancellor Nnamdi Azikiwe University; Amb. Greg Ozumba Mbadiwe (The Pro-Chancellor and Chairman of Council, Nnamdi Azikiwe University); Vice-Chancellor, Nnamdi Azikiwe University; Registrar, Nnamdi Azikiwe University, Mrs Rosemary Ifeoma Nwokike; Prof. Kenneth Ngwoke; Prof. Anthony Okoye; Prof. Chinedu Onyeizugbe; Dr. Ngozi Obiekwe J.; Prof. Chigozie Damian Ezeonyejiaku; Prof Isaac Nwankwo and Dr. Bernard Ifeanyi Odoh as the 1st to 14th Defendants.
The Claimants in the Suit which commenced by way of originating summons, formulated 11 questions for determination and upon the resolutions of the questions, sought 25 reliefs from the court which borders on the nullification of the appointments.
Among the questions posed for determination is “Whether by the combined reading of sections 2, 2AA, 3 (2) and 10 of the Universities (Miscellaneous Provisions) Act 1993 (as amended 2003, 2007 and 2012) and section 7 of the Nnamdi Azikiwe University Act 1992, the setting of criteria of qualification for the post of the Vice Chancellor of the 1st Defendant and the publication of advertisement for the vacancy of the post of the Vice Chancellor of the 1st Defendant without the full composition of the 2nd Defendant is not illegal, null and void, ultra vires and of no effect?
“Whether by the combined reading of sections 2, 2AA, 7 and 10 of the Universities (Miscellaneous Provisions) Act 1993 (as amended 2003, 2007 and 2012) and section 7 of the Nnamdi Azikiwe University Act 1992, the 3rd Defendant (acting in the person of the 4th Defendant) can unilaterally select, appoint, and compose the Selection Board for the Appointment of the Registrar of the 1st Defendant as done 21st October 2024?”
One of the reliefs the Plaintiffs sought is a court declaration that the external members of the 2nd Defendant lack the vires and authority to validly set the criteria of qualification for the post of the Vice Chancellor of the 1st Defendant and proceed to publish advertisement for the vacancy of the post of the Vice Chancellor of the 1 Defendant on 12th September 2024, without the full composition of the 2nd Defendant.
They also sought: “A declaration that the 3rd Defendant (acting in the person of the 4th Defendant) lacks the vires, authority and legal capacity to unilaterally select, appoint, and compose the Search Team for the Appointment of the Substantive Vice Chancellor of the 1st Defendant as done on the 22nd October 2024.
“A declaration that the 3rd Defendant (acting in the person of the 4th Defendant) lacks the vires, authority and legal capacity to unilaterally select, appoint, and compose the Joint Council and Senate Selection Board for the Selection and Appointment of Substantive Vice Chancellor of the 1st Defendant as done 22nd October 2024.
“A declaration that the unilateral selection, appointment, and composition of the Joint Council and Senate Selection Board for the Selection and Appointment of the Substantive Vice Chancellor of the 1st Defendant, as done by the 3rd Defendant (acting in the person of the 4th Defendant) on 22nd October 2024 is Illegal, null and void, ultra vires, and of no effect.”
The Claimants also seek for “an order setting aside the criteria of qualification for the post of the Vice Chancellor of the 1st Defendant and the publication advertisement for the vacancy of the post of the Vice Chancellor of the 1st Defendant on 12th September 2024, which was done without the full composition of the 2nd Defendant.
“An Order setting aside the unilateral selection, appointment, and composition of the Search Team for the Appointment of the Substantive Vice Chancellor of the 1st Defendant, as done by the 3rd Defendant (acting in the person of the 4th Defendant) on 22nd October 2024.
“An Order setting aside the unilateral selection, appointment, and composition of the Joint Council and Senate Selection Board for the Selection and Appointment of the Substantive Vice Chancellor of the 1st Defendant, as done by the 3rd Defendant (acting in the person of the 4th Defendant) on 22nd October 2024.
“An Order setting aside the illegal and illegitimate procedure set in motion for the selection and appointment of a Substantive Vice Chancellor for the 1st Defendant as imposed by the external members of the 2nd Defendant and the 3rd Defendant (acting in the person of the 4th Defendant).
“An Order setting aside any such selection and appointment of any Substantive Vice Chancellor of the 1st Defendant by the illegal and illegitimate procedure set in motion for that purpose, as imposed by the external members of the 2nd Defendant and the 3rd Defendant (acting in the person of the 4th Defendant).”
They also sought an “order of perpetual injunction restraining the 7th Defendant from parading herself and/or performing the functions of the Registrar, Nnamdi Azikiwe University pursuant to her illegitimate appointment by a Selection Board unilaterally selected, appointed and composed by the 3rd Defendant (acting in the person of the 4th Defendant) on 23rd October 2024.”
Meanwhile, a source in the school told SaharaReporters that the chairman of the Governing Council, Mbadiwe, was nominated by Imo State Governor Hope Uzodinma ensure the emergence of Odoh as the VC of the school.
“The plan is to install this Odoh to be the VC in preparation for 2027. The man is not even a professor,” the source added.
