*Says he has no power to lift the suspension except the state Governor

By Matthias Ogbagah

OGWASHI UKU- The recent crisis rocking the Delta State Polytechnic, Ogwashi-Uku is degenerating every second as the governing council of the institution dared the Delta State Commissioner for Higher Education, Prof. Nyerhovwo Tonukari, saying he has no power to lift the suspension on the Rector of Ogwashi-Uku Polytechnic, Prof.Emmanuel Achuenu, except the governor.

The position of the Governing Council of the institution was contained in a letter signed by the Chairman of the Governing Council of Delta State Polytechnic, Ogwashi-Uku, Hon. (Pastor) Paul Adingupu, in his response to a letter sent to the Council by the Honourable Commissioner for Higher Education, Prof. Nyerhovwo Tonikari.

According to the letter, “Given the extant provisions of the law establishing the Delta State Polytechnic, Ogwashi-Uku, the Governing Council has maintained appropriate procedures in suspending Prof. Emmanuel Achuenu as the Rector of the institution.

“The Governing Council finds it difficult to agree with the position to the effect that in the affairs of the Institution, the Rector takes precedence over the Council, pointing out that it is their view that Part IV Section 17 (i) of the Delta State Polytechnic Law cited in the Commissioner for Higher Education’s letter under reference, only applies when the Rector is acting as chairman of the congregation or Convocation or in the Course of performing academic and executive functions.

The letter has emphasized that the section does not in any manner rub Council of its powers to investigate allegations of fraud and misconduct amongst members of the institution, including the Rector, and if necessary, issue appropriate sanctions.

The letter reads in part, “Council is also of the firm view that Chapter 6, Section 6.5.1 of the Terms and Conditions of Service for Staff of Delta State Polytechnic, Ogwashi-Uku does not apply in the context of the suspension of the Rector of the Polytechnic.

“This is because the Rector is not within the Category of staff being contemplated by these Terms and Conditions to assist the rector in effecting discipline on the staff of the institution. For Instance, chapter 6, with the title Discipline at 6.1 provides thus:

“Rector shall have the power to exercise general authority over staff and have responsibility for discipline in the polytechnic.

“The rector shall have responsibility for the general discipline of all members of staff. In case of junior staff, the powers of discipline shall be exercised by the Registrar on behalf of the Rector. All these explain the fact that the Rector is not subject to this instrument.

“Furthermore, Sub section 6.5.1 referenced in your letter states thus: “If it appears to the Council that three (sic) are reasons for believing that any of the Principal Staff or any member of senior of the Polytechnic should be suspended on the grounds of misconduct or inability to perform the functions of his office, the Council shall:

“Cause a query to be given to the staff concerned, drawing his attention to the alleged misconduct or other misdemeanor. Set up a committee to investigate and report back to the council.

The committee shall consist of three members of Council and one each from the Academic Board and the congregation, and he nominees of the Academic Board and the Congregation shall not be lower in rank than the staff concerned.

“The above provisions specifically stipulate that the representatives of the Academic Board and the Congregation in such a Disciplinary Committee should not be lower in rank than the officer concerned. The officer concerned in this respect is the Rector of the Polytechnic. No Member of the Academic Board or the Congregation is of the same rank as the Rector.

“This simply implies that the Terms and Conditions of Service being referred to in your letter do not apply to the Rector. Again, we also hold the view that Part VII, Section 34 (1 and 2) of the Delta State Polytechnic Law 2002 does not apply to issues of suspension of the Rector.

“The said Law is about the removal of a Council Member.
“The Governing Council of Delta State Polytechnic, Ogwashi-Uku, under my leadership as appointed by His Excellency, the Executive Governor, did not remove the Rector.

The Council only suspended him according to its powers to make decisions in the best interest of the institutions. Section 9 of the Delta State Polytechnic Ogwashi-Uku provides thus: “The Council shall:

(a) be responsible for the formulation of policies relating to the affairs and objects of the polytechnic and in particular the control of the property and finances of the polytechnic and shall also have power to do anything which in its opinion is calculated to facilitate the carrying out of the purposes of the polytechnic and promotes its interest;”

“The entire issues leading to the actions of the Council revolve around allegations of financial improprieties and gross misconduct, for which the Council issued the requisite query on the Rector. He responded to the sad query. Not satisfied with the answer to the query, the Council invites the Rector to appear before it and make further explanations to the aforesaid allegations.

“The Rector did not honour the invitation. It is at this stage that the Council resolved to suspend the Rector in the Interest of the Institution. The copy of the query issued to the Rector, his response to the query, and the letter of invitation to appear before the Council are hereby annexed as annexure 1, 2, and 3 respectively.

“It is our considered view that the actions of the council concerning the suspension of the Rector are in order. No law requires the council to set up an investigative panel or committee to examine the case of the Rector having defiled the Council’s invitation.

“The Terms and Conditions of Service being relied upon do not apply to the relationship between the Council and the Rector of the institution. It is rather designed as a tool to discipline the other staff of the institution. Even at that, it also does not place any responsibility on the Council on issues relating to the suspension of the Rector.
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“Council is further constrained to note that the Honourable Commissioner is not in a position to counter the suspension of the Rector of Delta State Polytechnic, Ogwashi-Uku, by the Council. Such powers to do so reside only with the Executive Governor of Delta State.

“This is more so, as the Honourable Commissioner is a member of the Council by the law establishing the polytechnic and sends a representative to Council Meetings and Events.

“In the light of the foregoing and the absence of infringement of any law on the part of the Council, I hereby respectfully inform you that the Council is unable to accede to your directives as contained in the letter under reference. Accordingly, the Rector of Delta State Polytechnic, Ogwashi-Uku, remains suspended in line with Council resolution.”