Federal University Of Technology, Minna & Ors V. Professor Theophilus Zubairu Adama & Ors (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

JOSEPH TINE TUR, J.C.A. (Delivering the Leading Judgment)

The Registrar and Secretary of the Council of the Senate of the Federal University of Technology, Minna, Niger State caused to be advertised in the Daily Trust Newspaper of Friday 25th, May, 2012 the position of the Vice-Chancellor of the University soon to be vacant from the 27th day of November, 2012. Consequently, the Governing Council of the University, in accordance with the relevant provisions of the Universities (Miscellaneous Provisions) Act, No 11 of 1993 (as Amended by Act No. 25 of 1996), and the Universities (Miscellaneous Provisions) Amendment Act, 2003 approved that appropriate machinery be set in motion for the selection of a suitably qualified candidate to fill this vacancy. Paragraph 2(a)-(j) of the advert set out the requirements to be met by any candidate eligible to vie for the position as follows:

“2. REQUIREMENT FOR THE POST:

a. The candidate must be a serving professor who has spent not less than 10 years of unbroken service in the University and must be someone whose area of specialization fits into the main programmes of the University, Environmental Technology, Information and Communication Technology, Entrepreneurship Management Technology and the Sciences.

b. The candidate must not be more than 60 years of age by November 2012.

c. The candidate must demonstrate academic excellence in terms of quality publications, teaching, credible community service and proficiency in Information and Communication Technology (ICT).

d. The candidate should possess considerable administrative experience within the University system and must show demonstrable ability to attract funds to the University.

e. The candidate must be of courage and transparent honesty who can take decisions on the merit of facts, equity and patriotism and not on the basis of parochial interests or primordial pressures. Candidate should also be free from conflict of interest.

f. The candidate must have the highest moral standards, impeccable character and proven integrity with irrevocable commitment to best practices in corporate governance, with particular emphasis on accountability, transparency, probity and ensure judicious utilization of scarce resources for optimum public good.

g. The candidate should be above board and will not foster personal, racial, ethnic, political, religious or other sectional interest. The candidate should also be capable of inspiring members of the University community toward the attainment of its goals.

h. The candidate must enjoy good physical and mental health and be free from any inhibiting health condition.

i. The candidate must be generally acceptable to the University Community and should have varied societal linkages.

j. The candidate must also satisfy the basic requirements for appointment into the University as approved by the Governing Council of the University.”

The advert further set out the method of making the application, and to whom as follows: