AGREEMENT BETWEEN THE FEDERAL GOVERNMENT OF NIGERIA (FGN) AND THE ACADEMIC STAFF UNION OF UNIVERSITIES (ASUU) JANUARY 2009 2 CHAPTER ONE 1.0 PREAMBLE 1.1 Establishment of the Federal Government of Nigeria (FGN)/Academic Staff Union of Universities (ASUU) Re-Negotiation Committee On Thursday, 14th December, 2006, the then Honourable Minister of Education, Dr. (Mrs.) Obiageli Ezekwesili, on behalf of the Federal Government of Nigeria (FGN), inaugurated the FGN/ASUU Re-negotiation Committee comprising the FGN Re-negotiation Team led by the then Pro-Chancellor, University of Ibadan, Deacon Gamaliel O. Onosode, OFR, and the ASUU Re-negotiation Team led by the then President of ASUU, Dr. Abdullahi Sule-Kano. The Committee met immediately after its inauguration for its first business session during which both Teams re-affirmed the need to address the identified rot in the University System, as evidenced in dilapidated infrastructure and poor conditions of service for all categories of staff. At the meeting, the ASUU Team submitted a position paper titled “Proposals for the Re-negotiation of the 2001 Agreement between the Federal Government of Nigeria/Governments of State that own Universities and the Academic Staff Union of Universities” which reflected the views of ASUU on various issues in the 2001 FGN/ASUU Agreement. On Tuesday, 23rd January, 2007, the Federal Government/ASUU Re-negotiations began at the National Universities Commission (NUC), Abuja. At the meeting, the Government Team presented a position paper titled “Government Negotiating Team Position Paper for 2006 Negotiation with Academic Staff of Nigerian Universities”, which was a response to ASUU demands. The Re-negotiation was suspended as a result of ASUU’s withdrawal on 11th January, 2008 in connection with its stand on the Ilorin 49 issue and did not resume until 25th August, 2008. 3 1.2 TERMS OF REFERENCE The single Term of Reference of the Committee was to re-negotiate the 2001 FGN/ASUU Agreement and enter into a workable Agreement. In the course of discussion, the Committee agreed that the essence of the Re-negotiation was: (i) To reverse the decay in the University System, in order to reposition it for greater responsibilities in national development; (ii) To reverse the brain drain, not only by enhancing the remuneration of academic staff, but also by disengaging them from the encumbrances of a unified civil service wage structure; (iii) To restore Nigerian Universities, through immediate, massive and sustained financial intervention; and, (iv) To ensure genuine university autonomy and academic freedom. 1.3 COMPOSITION OF THE FGN/ASUU RE-NEGOTIATION COMMITTEE The FGN/ASUU Re-negotiation Committee comprised the following Members, Advisers, Observers and the Joint Secretariat: 1.3.1 GOVERNMENT RE-NEGOTIATION TEAM (a) Deacon Gamaliel O. Onosode, OFR Immediate Past Team Leader & Pro-Chancellor, Chairman, Re-Nego- University of Ibadan. tiation Committee (b) Prof. Musa Abdullahi Secretary General Member (Deceased CVC & Immediate 30th October, 2008) Past Pro-Chancellor, University of Jos (c ) Prof. Greg Iwu, OON Immediate Past Pro- Chancellor, Nnamdi Azikiwe University, Awka. Member (d) Rev. Father T. E. Uwaifo Immediate Past Pro-Chancellor, Ambrose Alli University Ekpoma. Member (e) Barrister Emeka Nwankpa Former Pro-Chancellor, Abia State University, Uturu. Member 4 (f) Amb. Muh. Adamu Jumba Immediate Past Pro-Chancellor, Bayero University, Kano. Member (g) Prof. Mahmood. Yakubu Executive Secretary, ETF Member Abuja (h) Senator Abdalla Wali Former Pro-Chancellor, University of Technology, Yola Member (until 23rd February, 2008) 1.3.2 ASUU RE-NEGOTIATION TEAM (a) Dr. Abdullahi Sule-Kano President Team Leader (until May 2008) (b) Prof. Ukachukwu Awuzie President Team Leader (from June, 2008) ( c) Dr. Oladipo Fashina Member (d) Dr. Peter Ozo-Eson Member (e) Dr. Ogban Ogban-Iyam Member (f) Prof. Eskor Toyo Member (g) Prof. Chukuka Okonjo Member (h) Prof. Omotoye Olorode Member (i) Dr. (Mrs) Nnenna N. Oti Member (j) Prof. Olatunde Oduleye Member (k) Dr. Biodun Onilude Member (l) Prof. Idowu Awopetu Member (m) Dr. Olugbenga Ogunbote Member (n) Dr. Ralph Ofukwu Member (o) Prof. Emmanuel Egia Okoegwale Member (p) Prof. C. O. Orubu Member (q) Dr. Nasir F. Isa Member ( r) Dr. Suleiman D. Abdul Member (s) Dr. Festus Iyayi Member 5 (t) Prof. Abdul-Ganiyu Garba Member (u) Prof. Assisi Asobie Member (v) Dr. Rabiu Sani Shatsari Member (w) Prof. Stephen E. Onah Member (x) Prof. Godwin N. Nsofor Member* (y) Barr. I.N.E. Worugji Member* (z) Dr. (Mrs) Regina Ode Member* (z1) Mr. Sikiru Eniola Member* (z2) Dr. Abu Mallam Member* (* Joined in June, 2008) 1.3.3 ADVISERS (a) Prof. Julius A. Okojie Executive Secretary, National Universities Commission, Abuja. (b) Prof. Oye Ibidapo-Obe Former Chairman, Committee of Vice-Chancellors (CVC) (c) Prof. J. D. Amin Immediate Past Chairman, Committee of Vice-Chancellors (CVC), Abuja. (f) Prof. E. A. C. Nwanze Chairman Committee of Vice Chancellors & Vice-Chancellor, University of Benin, Benin City. ( d) Prof. Chinedu Nebo Vice-Chancellor, University of Nigeria, Nsukka. (e) Prof. Ekanem I. Braide Vice-Chancellor, Cross River University of Technology, Calabar. (g) Prof. S. U. Abdullahi Vice-Chancellor, Ahmadu Bello University, Zaria. (h) Prof. Abdullahi Mahadi Vice-Chancellor, Gombe State University, Gombe. (i) Prof. Peter Adeniyi Former Vice Chancellor, Federal University of Technology, Akure. 6 (j) Chief (Mrs.) Mojisola Ladipo, mni Former Registrar, University of Ibadan, Ibadan. (k) Mr. M.B Modibbo Registrar, University of Abuja, Abuja. 1.3.4 OBSERVERS (a) Mrs. V. A. Eghobamien Representative of Federal Ministry of Labour, Abuja. (b) Mr. S. A. Ajibola Representative of Federal Ministry of Labour, Abuja. (c) Prof. Ignatius I. Uvah Deputy Executive Secretary (University Education), NUC Abuja. (d) Mr. P. I. Ekun Representative of Special Services Office, The Presidency Abuja. (e) Mrs. E. Ori. Okojokwu Representative of Federal Ministry of Education, Abuja. (f) Mr. Chike Ogbechie National Salaries, Incomes & Wages Commission, Abuja. (g) Mr. A. C. Adighiogu National Salaries, Incomes & Wages Commission, Abuja. (h) Mr. P. E. Oyong Federal Ministry of Justice, Abuja. (i) Mr. A. Ibrahim Federal Ministry of Justice, Abuja. (j) Mr. I. O. Malaolu Office of the Secretary to the Government of the Federation, Abuja. (k) Mr. G. T. Ogbenna Federal Ministry of Finance, Abuja. (l) Mrs. Cynthia I. J. Okigbo Budget Office of the Federation Federal Ministry of Finance, Abuja. 7 1.3.5 JOINT SECRETARIAT (a) Dr. M. K. Aliyu Representative of ASUU (b) Dr. M. B. Kuna Representative of ASUU (c) Mr. G. I. N. Emezue Representative of ASUU (d) Mrs. Ann E. Aiyedun Representative of Federal Ministry of Education, Abuja. (e) Mrs. Q. U. Elebor Representative of Federal Ministry of Education, Abuja. (Retired, 25th August, 2008) (f) Mr. B. C. Odum National Universities Commission, Abuja. (g) Mrs. C. N. Goddy-Nnadi National Universities Commission, Abuja . 8 CHAPTER TWO 2.0 MODUS OPERANDI 2.1 MANDATE The two Teams (FGN and ASUU) affirmed that they had the MANDATE of their respective PRINCIPALS to Re-negotiate, as in 2.2. 2.2 ISSUES FOR RE-NEGOTIATION Both Teams agreed that the following issues will form the agenda and focus for the Re-Negotiation: (a) Conditions of Service (b) Funding (c) University Autonomy and Academic Freedom (d) Other Matters. 2.3 PRINCIPLES FOR THE RE-NEGOTIATION The Teams agreed to adopt the following as principles for the re-negotiation exercise: (a) Adjournments to allow consultation with, and briefing of, principals before signing the final document; (b) Establishment of an implementation monitoring mechanism that would ensure implementation of the Agreement reached; (c) Informal contacts during the process in order to facilitate the re-negotiation; and (d) Facilitation of the recording of the proceedings of the re-negotiation and the production of minutes through a joint Secretariat comprising nominees from both teams. 2.4 PROCESS ADOPTED FOR THE RE-NEGOTIATION The Committee, in the course of the re-negotiation exercise: a) Held meetings, made consultations with stakeholders and visited universities; b) Received a position paper from the ASUU Team (Annexure 1) cataloguing its demands and a position paper from the FGN Team (Annexure 2) in response to the Union’s demands. c) Set up the following Sub-Committees: i. Sub-Committee on Data Collection from the Universities; 9 ii. Sub-Committee on Pension and Retirement Age of Academic Staff; iii. Sub-Committee on Earned Academic Allowances; and iv. Technical Sub-Committee on Development of Salary Structure.. d) Utilised various documentary submissions from the Universities and relevant Government Agencies; e) Received presentations from members on their positions relating to statistical data, general principles and the history of the Nigerian Universities; f) Made reference to existing reports from previous Commissions on Higher Education as well as previous Agreements between Government and Academic Staff Union of Universities (ASUU); g) Recorded proceedings of the negotiations and the production of minutes, through a Joint Secretariat; and, h) Reached consensus that each Team would first make consultations with and brief its principals before signing any agreement resulting from the re-negotiation exercise. 2.5 Whereas the Agreement is directed towards ensuring that there is a viable university system with one, rather than a multiple set of academic standards; and whereas it is recognized by the Negotiating Teams that education is on the Concurrent List and by this Agreement, the Federal Government does not intend to and shall not compel the State Governments to implement the provisions of the Agreement in respect of their Universities, it is however recognized that the State Governments shall be encouraged to adopt this Agreement, as benchmarks, if they are to operate within the goals of achieving the same sets of academic standards for their institutions within Nigeria’s University system. 10 CHAPTER THREE 3.0 CONDITIONS OF SERVICE 3.1 Salary Structure for Academic Staff in Nigerian Universities It was agreed that there shall be a separate Salary Structure for University Academic staff to be known as Consolidated University Academic Salary Structure II (CONUASS II), which is shown in Table 1. CONUASS II is made up of the following three components: (a) The Consolidated Salary Structure for Academic Staff (CONUASS) approved by the Federal Government of Nigeria (FGN) effective 1st January 2007 (FGN Circular SWC/S/04/S.309/1, dated 18th January, 2007). (b) Consolidated Peculiar University Academic Allowances (CONPUAA), exclusively for university teaching staff and derived from allowances not adequately reflected or not consolidated in CONUASS. (c) Rent as approved by the FGN effective 1st January 2007 (FGN Circular SWC/S/04/S.309/1, dated 18th January, 2007). 3.1.1 Basis for CONUASS II In arriving at the salary structure in Table 1, the Re-negotiation Committee noted that Nigerian university academics represent the critical mass of scholars in the society, with the potential for transforming it. They, therefore, deserve unique conditions of service that would motivate them, like the intellectuals in other parts of the world, to attain greater efficiency and effectiveness in service delivery with regard to teaching, research and community service, and thereby stem the brain drain. In line with this philosophy, the Re-negotiation Committee obtained information relating to the movement of Nigerian academics to other African countries such as South Africa, Ghana, Botswana as well as developed countries. The figures in Table I reflect relevant African average, that is, the average remuneration of academics in selected African countries with which Nigeria potentially or effectively competes for the recruitment of academic staff. 3.1.2 Conditionalities for CONUASS II 11 The salary table was agreed upon subject to approval by the Principals and on condition that, there must be unqualified commitment on their part that, in the pursuit of their avowed goals, they would respect the sanctity of the regular university academic calendar and commit themselves to strict adherence to the provisions of prescribed minimum academic standards and to the primacy of dialogue and due process over and above those tactics that undermine and disrupt good order in the conduct of university business. 3.1.3 Taking into cognizance the rationale behind Table 1 as the appropriate Consolidated University Academic Salary Structure and the Federal Government’s fiscal difficulties, a new table (Table II) shall be used for the implementation of this Agreement. However, future salary review shall be based on Table I as a reference point. 12 TABLE 1: The Consolidated Universities Academic Salary Structure II (CONUASS II) 13 14 Table II 15 3.2 Earned Academic Allowances It was agreed that entitled academic staff shall be paid the following earned allowances at the rates indicated for undertaking the listed assignments. a. Postgraduate Supervision Allowance (i) Lecturer I N15,000 per student, per annum (ii) Senior Lecturer N20,000 per student, per annum (iii) Reader & Professor N25,000 per student, per annum This allowance shall be paid to the entitled academic staff for a maximum of 5 students per annum. b. Teaching Practice/Industrial Supervision/Field Trip Allowances (i) Assistant Lecturer – Lecturer I N60,000 per annum (ii) Senior Lecturer N80,000 per annum (iii) Reader & Professor N100,000 per annum Where the work involves travelling out of town, the usual mileage and night allowances shall be paid in line with the existing Government regulations. Also, where a staff is involved in more than one of the above activities in a given year, he or she shall be remunerated separately for each activity. c. Honoraria for External/Internal Examiner (Postgraduate Thesis) External (i) Master’s degree N80,000 per thesis (ii) Doctorate degree N105,000 per thesis Internal (i) Master’s degree N45,000 per thesis (ii) Doctorate degree N65,000 per thesis 16 d. Honoraria for External Moderation of Undergraduate and Postgraduate Examinations (i) Undergraduate Up to 50 Candidates N60,000 more than 50 candidates N80,000 (ii) Postgraduate Up to 10 Candidates N60,000 more than 10 candidates N80,000 e. Postgraduate Study Grant (i) Science based Master’s degree N350,000 per session Doctorate degree N500,000 per session (ii) Non-Science based Master’s degree N250,000 per session Doctorate degree N350,000 per session The above grant is to encourage young academics to obtain higher relevant qualification and remain on the job, provided that they do not exceed the normal years of the approved programmes i.e. Two (2) academic sessions for a Master degree, Four (4) academic sessions for a Doctorate Degree programme. f. External Assessment of Readers or Professors In view of the critical nature of external assessment of candidates for Professorship and Readership positions in developing and sustaining the Universities, it was agreed that external assessors shall be paid a minimum allowance of N200, 000 per assessment for the position of Reader or Professor. g. Call Duty/Clinical Duty/Clinic Hazard It was agreed that Call Duty/Clinical Duty/Clinical Hazard Allowance shall be paid to entitled academics as in the National Salaries, Incomes and Wages Commission (NSIWC) circular reference number SWC/S/04/S.309 of 18th January, 2007 on approved Four Non-regular Allowances in the Public Service, 17 and also as in the National Salaries, Incomes and Wages Commission (NSIWC) circular reference number SWC/S/04/S.309 of 7th March, 2007 on approved Four Non-regular Allowances in the Public Service. h. Responsibility Allowance It was agreed that Responsibility Allowance shall be paid annually as follows: i. Deputy Vice-Chancellor/Librarian N750,000 ii. Provost/Dean/Director N500,000 iii. Deputy/Vice/Associate Dean or Provost N350,000 iv. Head of Dept./Sub Dean N250,000 v. Fac./Dept Exam Officer N150,000 vi. Hall Warden N150,000 vii. All other Officers N150,000 j. Excess Workload Allowance It was agreed that Excess Workload Allowance, which shall be phased out without delay, shall be paid only to entitled academic staff as follows: i. Professor N3,500 per hour ii. Reader N3,500 per hour iii. Senior Lecturer N3,500 per hour vi. Lecturer I N2,000 per hour v. Lecturer II N2,000 per hour vi. Assistant Lecturer N2,000 per hour vii. Graduate Assistant N2,000 per hour University administrators shall ensure that only those entitled are paid the allowance. 18 3.3 NON-SALARY CONDITIONS OF SERVICE a. Fringe Benefits The following fringe benefits, which are currently in place and are included in the conditions of service for academic staff in many universities, should be retained and improved upon: (i) Vehicle Loan/Car Refurbishing Loan It was agreed that each University shall create a fund for a Vehicle loan/Car Refurbishing Loan scheme. Each academic staff who satisfies the conditions set for the loans by the Governing Council or the University Administration shall be entitled to a Vehicle Loan/Car Refurbishing Loan equivalent to his/her annual basic salary (CONUASS). This loan is repayable over a four (4) year, period with a 2% charge as administrative cost, subject to review by Council. Similarly, a Car Refurbishing Loan of N500,000.00 shall be provided to those academic staff who may want to refurbish their old vehicles. This also will attract a 2% charge as administrative cost, subject to review by Council. (ii) Housing Loan It was agreed that each University shall procure the establishment of a Housing Loan Fund. A loan equivalent to, at least, eight (8) times of his/her annual salary (CONUASS), shall be granted to each academic staff who meets the conditions for the granting of the loan. The loan shall be repayable within a period and at an interest rate to be determined by the Governing Council of each University. (iii) Research Leave It was agreed that each academic staff shall be entitled to an academic research leave of twenty-six (26) working days per annum to enable him or her to take advantage of research facilities or opportunities that are not available locally or are available for a short period only. 19 (iv) Sabbatical Leave It was agreed that the practice whereby each academic staff shall be entitled to a sabbatical leave after six (6) years of continuous service, should continue. For an academic staff going abroad on Sabbatical Leave, the University shall pay the transport expenses of a spouse and four children in consonance with the existing practice. (v) Annual leave Each academic staff shall be entitled to an annual vacation leave as is applicable in the public service. (vi) Sick leave Each academic staff who is qualified should be entitled to a maximum of six (6) weeks per year of sick leave if not hospitalised; if hospitalized, he or she shall be entitled to a sick leave of (6) six calendar months with full pay in the first instance, subject to an extension of another six months. Thereafter, a Medical Board shall determine if he/she shall be allowed further sick leave or invalidated from service (as in the May 29, 1999 Agreement) (vii) Maternity Leave Each female academic staff who is qualified shall be entitled to maternity leave (as in the May 29, 1999 Agreement). (viii) Injury Pension Each University shall be required to take Group Insurance Cover (as in the May 29, 1999 Agreement). (ix) Staff Schools (a) The University shall bear the full capital and recurrent costs of University Staff Primary Schools (as in the May, 29, 1999 Agreement). (b) The University shall (without recourse to Government) bear the full Capital Cost of University Secondary Schools while parents bear the full Recurrent Cost (as in the May, 29, 1999 Agreement). 20 (x). Provision of Office Accommodation and Facilities The individual University Governing Councils shall ensure the provision of a pool of vehicles, office and laboratory Accommodation/Facilities, improvement of communication facilities, and provision of computer facilities for Departments and individual Staff. 3.4 PENSION FOR UNIVERSITY ACADEMIC STAFF AND COMPULSORY RETIREMENT AGE It was agreed that Decree 11 of 1993 and the Pension Reform Act (2004) should be amended to: (a) Increase the retirement age of academics from 65 years to 70 years for those in the Professorial cadre. (b) Remove certain ambiguities from the provisions that allowed Professors to retire with full benefits, by reformulating these provisions (Pension Reform Act, 2004), as follows: An academic staff who retires as a Professor in a recognized University shall be entitled to pension at a rate equivalent to his annual salary provided that: (i) The Professor has served continuously in a recognized University up to the retirement age; (ii) Notwithstanding (i) above, where the Professor has not served up to the retirement age, he shall be entitled to the rate of pension above provided that he or she has served a minimum of 15 years as a Professor in a recognized University; and, (iii) Where an academic joins a Nigerian University as a Professor, such a Professor must have served continuously for a least 15 years in a recognized University; and, (iv) For the purposes of (i) and (iii) above, continuous service shall include periods of approved National or University assignments. 21 3.5 FORMATION OF THE NIGERIAN UNIVERSITY PENSION FUND ADMINISTRATOR For the purposes of managing the Pension funds of university staff, the Re-negotiation Committee recommends to the appropriate university authorities, individually or collectively to: a. Establish a National University Pension Management Company (NUPENCO); b. Establish a Pension Board of Trustees for each University, created by its Governing Council, with representation from University Management, the Senate , and the University Academic Staff Union and other staff unions; and, c. Contract, from time to time through University Governing Councils, a group of university specific pension fund investment consultants for the purpose of advising the individual universities and NUPENCO on the most profitable investment of their Pension funds. 3.6. NATIONAL HEALTH INSURANCE SCHEME (NHIS) It was agreed that: (a) The University Health Centres which qualify as Primary Health Care Providers shall be recognized as such, and NHIS Contributions of University staff registered with them shall be directly remitted to the University Health Centres. University Governing Councils shall ensure that their health centres are upgraded to meet the stipulated requirements for registration set by NHIS. (b) University staff, their spouses and not more than four children (under the age of 18) for each family shall be entitled to health care delivery as in their conditions of service. 22 CHAPTER FOUR 4.0 FUNDING The Re-negotiation Committee, in order to arrive at the funding provisions stated below, took serious cognizance of the widely acknowledged fact that: (i) The key to the survival of our country in the 21st Century lies in its ability to produce applied and theoretical knowledge in science, technology and the humanities; and (ii) The task of revitalizing and accelerating the development of the Nigerian University system to become internationally competitive can no longer be delayed, more so if Nigeria is to become a leading economy in the world within the next ten years or so as desired by the Government. On the basis of the data collected, and their analysis through a rational and scientific procedure, the following funding requirements were projected for a quick and effective remedy of deficiencies in the programmes and facilities, and for a systematic upgrading of programmes and facilities that would rapidly advance Nigeria’s knowledge production for development. (The justification of the projected figures is in Appendix I “Funding Requirements for Revitalizing the Nigerian University System: 2009 -2011). 4.1 Funding of Universities It was agreed to recommend that: a) All regular Federal Universities shall require the sum of one trillion, five hundred and eighteen billion, three hundred and thirty-one million, five hundred and forty-five thousand, three hundred and four naira (N1,518,331,545,304) only for the period 2009 -2011 as follows: Year Amount (N) 2009 472,031,575,919 2010 497,531,778,701 2011 548,768,190,681 Total 1, 518, 331, 545, 304 23 b.) Each State University shall require three million, six hundred and eighty thousand and eighteen Naira (N3,680,018) per student for the period 2009 – 2011 as follows: Year Amount (N) 2009 1,144,075 2010 1,205,880 2011 1,330,063 Total (approximated) 3,680,000 These amounts include Recurrent and Capital Grants, and are based mainly on the disaggregated returns from the universities. 4.2 SOURCES OF FUNDING 4.2.1 Federal and State Governments The goal of this negotiation is to put Nigeria in a strong position to become a knowledge-based society that will be able to compete and survive in the 21st Century. To achieve this, the entire education system requires massive funding at all levels. While non-budgetary sources have a role to play, and there must be continuous efforts to identify and use them prudently, the major source of funding education for national development is through budgetary allocation from State and Federal Governments. With this in view, the Re-negotiation Committee agreed to recommend to the relevant authorities that: (a) A minimum of 26% of the annual budget of the State and Federal Governments be allocated to education; (b) At least 50% of the budgeted 26% shall be allocated to the universities; and, (c) The representation of the Federal Ministry of Education to the Revenue Mobilisation and Fiscal Commission to put education on the “First Charge” be vigorously pursued. (d) Being mindful of the processes for meeting this goal of 26% annual budgetary allocation to education as enunciated in the UNESCO benchmark, the Federal Government shall endeavour to progressively increase its budgetary allocation to the education sector in accordance with its vision 20:2020 programme. 4.2.2 Federal Government Assistance to States for Higher Education It was agreed that the Federal Government should, as appropriate, provide general assistance both to the State Governments that are proprietors of universities and those that do not own universities but need assistance in the area of higher education, as allowed by the Nigerian Constitution (Section 164.1). 24 4.2.3 Education Tax Fund It was agreed to recommend that the Education Tax Fund Act be amended to: (i) Return the Education Tax Fund to its original conception as Higher Education Fund; (ii) Make the Education Tax Fund more effective as an intervention to rehabilitate, restore and reposition Tertiary Educational Institutions in Nigeria in order to develop a knowledge-based society in the twenty-first century; (iii) Make for a better representation on the Board of Trustees of the Education Tax Fund; (iv) Propose a fair procedure for the disbursement of the fund through the creation of a Team of Experts to assess research proposals submitted to the Board of Trustees; (v) Provide a better specification of the areas in which the funds shall be disbursed; (vi) Make appropriate specification of qualities of members of the Board of Trustees in order to reflect the change in the conception of the Fund; and, (vii) Propose the proportion of disbursement of the funds between the Universities, Polytechnics, and Colleges of Education.(The proposed Bill is in Appendix II) 4.2.4 Petroleum Technology Development Fund (PTDF) It was agreed that Governing Councils of Universities shall access and effectively utilize funds from PTDF for research, training and development of academic staff. Accordingly, it is recommended that Government shall encourage PTDF to assist Universities in this regard. 4.2.5 Transfer of Landed Property This was an item of agreement in both the 1992 and 2001 FGN/ASUU Agreements. It was, therefore, agreed that the Implementation Monitoring Committee of this Agreement shall pursue its implementation as appropriate. 4.2.6 Patronage of University Services It was agreed that the Federal and State agencies shall be encouraged to patronize quality university consultancies, without prejudice to the principle of due process. 4.2.7 Funds from Alumni Association It was agreed that Governing Councils of Universities shall encourage Alumni Associations to contribute funds to Universities through direct funding, endorsements, bequests, etc. 25 4.2. 8 Private Sector Contributions It was agreed that Government shall encourage the private sector of the Nigerian economy, Voluntary Agencies and Philanthropic Individuals, through Tax Relief and other means, to make voluntary financial and material contributions to Nigerian Universities. The private sector shall be encouraged to engage in research collaboration with universities and commercialization of research results. 4.3 Other Sources of Funding 4.3.1 Cost-Saving Measures It was agreed that each academic department in the Nigerian Universities shall be provided with the minimum set of equipment to enable it to execute its mandate. The collective use of highly specialized equipment of exceedingly high cost through establishment of central laboratories among departments should be encouraged. However, this cannot be a substitute for specialized laboratories in departments. Each University shall arrange its own cost-saving measures. 4.3.2 Duty-Free Importation of Educational Materials by Universities It was agreed that Universities shall be entitled to duty-free importation of books, laboratory equipment, journals and other teaching and research materials. 4.3.3 Setting up Research Development Units by Companies Operating in Nigeria It was agreed that Government shall encourage companies registered in Nigeria to intensify their Research and Technical Collaboration with Nigerian Universities within the next ten years, with a view to playing a more significant role in the development of research and relevant technologies in Nigerian Universities. 4.3.4 Three-Year Rolling Plan It was agreed that Government shall, in respect of University Education, formulate and implement a three-year rolling plan. 4.3.5 Budget Monitoring Committee It was agreed that, to help in enforcing discipline and ensuring budget performance, each University Governing Council shall set up a Budget Monitoring Committee. The Committee shall comprise one elected representative each, of Congregation, Senate, ASUU, SSANU, NAAT, NASU and the Students’ Union, with an external member of the Governing Council as Chairman. It was further agreed that Government and its agencies shall make public all funds released to Universities immediately after the release. It was also agreed that each University shall: 26 (i) resuscitate and make operational and transparent the democratic budgetary structures and processes provided for in University laws or that were traditional to Universities; (ii) utilize funds mainly for (a) effective remedy of deficiencies in programmes and facilities; and (b) systematic upgrading of programmes and facilities; and, (iii) be guided by the principles enshrined in the Fiscal Responsibility Act, 2007 and the Public Procurement Act 2007 as well as fiscal transparency. 4.3.6 University Post-Doctoral Fellowship It was agreed to recommend that each University Governing Council should introduce Post-Doctoral Fellowship Leave with Pay outside Nigeria into the University’s Conditions of Service as part of its Staff Development Programme, to be funded as appropriate. 4.3.7 Provision for Teaching and Research Equipment It was agreed that the provision of up-to-date equipment in each department, to facilitate teaching and research, shall be reflected in the Annual Budget of Universities. 4.3.8 National Research Fund It was agreed that there shall be a National Research Fund domiciled with ETF, with funds drawn from ETF and other sources and disbursed on a competitive basis. 27 CHAPTER FIVE 5.0 UNIVERSITY AUTONOMY AND ACADEMIC FREEDOM The Re-negotiation Committee, in pursuance of the goal of revitalization of Nigerian Universities and objectives set out in the various universities’ Enabling Laws and Statutes, and the Universities (Miscellaneous Provisions) (Amendment) Act 1993 as amended by the Universities (Miscellaneous Provisions) (Amendment) Act 2003 and the provisions therein, strongly believes that: a. The autonomy of universities and academic freedom should be enhanced and protected; b. The protection and enhancement of the autonomy of universities and academic freedom require a greater assumption of responsibilities and commitment from inside the universities themselves, by the university administration strictly adhering to proper operation of the Committee System which is essential for smooth and effective running of the university from the departmental to Council levels. They require avoidance of ad hoc committees in academic matters, which tend to undermine statutory committees. They can be secured by allowing, subject to prescribed minimum standards, proper selection or election of Deans, Provosts, Directors, Heads of Department and Members of Committees, promoting self-assurance of students and their participation in the governance of the universities, and by maintaining proper accountability as required by law at all times 28 AND, the Government, on its part, should ensure that in dealing with the universities, the powers of the university Governing Councils and Senates are fully respected in view of the fact that one source of friction regarding university autonomy is the role and the force of circulars emanating from Government in the operation of the Universities, which, in some cases, have been observed to conflict with statutory powers of University Councils and Senates and undermine due process and fair procedures in the operation of the Universities. (iii) There is the need for all sides, that is, Government and the Universities, actively to promote and protect university autonomy and academic freedom in accordance with the goals and objectives of the universities and the law. On its part, the Government in its relationship with the universities shall ensure that its circulars do not encroach on the capability of the universities to run according to their enabling law and statutes. Similarly, Governing Councils, University Senates, Vice- Chancellors, the Departments and the University Committees and Community shall protect and enhance university autonomy by respecting due process, fair procedure, accountability and the law. AND that in pursuance of these objectives, the following agreement herein contained is reached but its inherent provisions are not to be construed as a manual for running universities. 5.1.1 Membership of Governing Council It was agreed that to qualify for membership of a University Governing Council, a person shall be a holder, at the minimum, of a regular university degree (as 29 opposed to an honorary degree); be of proven integrity, knowledgeable in, and familiar with, the affairs and traditions of the university. 5.1.2 Review of Laws that Impede University Autonomy, Academic Freedom, Internal Accountability and Transparency. It was agreed that all laws that impede University Autonomy, Academic Freedom, Internal Accountability and Transparency, and the speed of internal operations, shall be reviewed. 5.1.3 Sole Administrators for Nigerian Universities It was agreed that: a. There shall be no Sole Administrator in any Nigerian University; and b. No acting Principal Officer shall stay in office in that capacity for more than six (6) months. 5.1.4 Pre-Degree / Remedial In the University System, there is a growing tendency to establish Pre-degree Programmes. Pre-degree Programmes, however, should not be established with the main objective of generating funds. This is the case where a university establishes pre-degree programmes in disciplines which are heavily subscribed, and in many cases oversubscribed in the regular programmes. This practice has had the consequence of lowering the academic standards in the universities as well as harming the country’s drive for man-power in certain needed areas. The Re-negotiation Committee, in view of the potential damage of the practice, affirms the necessity of reversing this trend. University Senates should ensure that Pre-degree programmes, where they exist, should be restricted to the sciences and other hardship disciplines. 5.1.5 Pyramidal Structure of Academic Staff Establishment in Universities It was agreed that the pyramidal structure should neither be abolished nor used as upper limit for establishment. 30 5.1.6 Expenditure on Academic Affairs For the universities to develop through research, in the period of rehabilitation and subsequent consolidation, the expenditure by universities must be redirected to financing, predominantly, academic activities and development, in accordance with NUC guidelines. Although an NUC guideline exists with respect to the balance in expenditure between academic vis-à-vis non-academic activities, this guideline is generally not followed. 5.2 ISSUES THAT REQUIRE LEGISLATION TO IMPLEMENT 5.2.1. Joint Admission and Matriculation Board (JAMB) ACT 2004 It was agreed to recommend that the Joint Admission and Matriculation Board Act 2004 be amended to: (i) Provide for better collaboration between JAMB and the Universities in the process of admission of students, in a way more consistent with the autonomy of universities. (ii) Make the process of admission into universities more consistent with the powers of University Senates as provided for in the Statutes of Universities. (iii) To confer on universities power to admit students within the nationally recognized guidelines and to determine additional requirements for admission, without prejudice to the power of JAMB to ensure that the national guidelines are followed in the process of admission. (A suggested Amendment Bill is set out in Appendix III). 5.2.2 Amendment of the National Universities Commission Act 2004 It was agreed to recommend that the National Universities Commission Act 2004 should be amended to make its provisions more consistent with university autonomy and powers of Senate on academic matters by deleting certain provisions from the Act. (The suggested text of an Amendment Bill is set out in Appendix IV). 31 5.2.3 Amendment of the Education (National Minimum Standards and Establishment of Institutions) Act 2004 a) It was agreed to recommend that the Education (National Minimum Standards and Establishment of Institutions) Act 2004 be amended to: (i) Better articulate the coordinating function of the NUC in the accreditation exercise and the establishment of minimum standards; (ii) Provide for the accreditation of programmes through an effective collaboration of the recognized Academies, Professional and Academic Bodies with the NUC; (iii) Provide for an appropriate role of University Senate in the accreditation exercise and establishment of minimum standards; and, (iv) Make the functions of Inspectors inapplicable to Universities and other Tertiary Institutions. (The suggested text on an Amendment Bill is set out in Appendix V) b) It was noted that proposals for the amendment of this Act were being processed by the Federal Ministry of Justice. (See Appendix Va) 32 CHAPTER SIX 6.0 OTHER MATTERS 6.1 Priority Areas of Implementation It was agreed to recommend that the following be implemented immediately as priorities: a. Setting up of an Implementation Monitoring Committee to commence the process of procuring amendment of laws in respect of those aspects of the Agreement requiring legislation, and to monitor implementation of all aspects of the Agreement. b. Amendment of relevant laws as recommended. c. Release of funds to meet the obligations of Government as appropriate in this Agreement. 6.2 Machinery for Implementation Monitoring of the Agreement An Implementation Monitoring Committee shall consist of: a. Two members representing the Committee of Pro-Chancellors (CPC), one of whom shall be the Chairman of CPC. The Chairman of CPC shall be the Chairman of the Committee; b. The Chairman, Committee of Vice-Chancellors of Federal Universities (CVC), c. One member representing the NUC as Secretary; d. One member representing the Federal Ministry of Education; e. Five members representing ASUU; and f. It is recommended that the following be members of the Committee: • One representative of the Senate Committee on Education • One representative of the House Committee on Education • Chairman, Committee of Pro-Chancellors of State Universities • Chairman, Committee of Vice-Chancellors of State Universities 6.3 Effective Date of the Agreement The effective date of this Agreement shall be 1st July, 2009, except that the effective date for the 70 years retirement age for those academics in the Professorial cadre shall notionally be 1st January, 2009 6.4 Periodic Review of the Agreement a.) It was agreed that whenever there is a general increase in public sector salaries and allowances, the remuneration of academic staff shall be correspondingly increased. b.) A comprehensive review of the Agreement shall be undertaken in accordance with the ILO Convention 98 and within the framework of Medium Term 33 Sector Strategy (MTSS) and Vision 20: 2020, and in this case by 2012, provided that a review of any of the issues covered by the Agreement may, by notice given by either party, be made at any time. 6.5 Review of Procedure for Negotiations It was agreed that there shall be a review of the Collective Bargaining machinery in the university system, including procedure and substance of negotiations. All the problems and issues that have arisen on the procedure and levels of negotiations will be resolved at such review, and this is to be referred to the Federal Ministry of Labour to undertake. 6.6 Reinstatement of Academic Staff Sacked at the University of Ilorin 49 The Re-negotiation Committee had originally agreed that the matter of the sacked UNILORIN academic staff should be settled out of court, and this agreement was conveyed to the Federal Government. The Government Team later informed the Negotiation Committee that the Federal Government preferred that the matter before the Supreme Court be concluded. The ASUU Team insisted that an immediate out-of-court settlement was appropriate and preferable, and should continue to be pursued. IT WAS AGREED THAT NOBODY SHALL BE VICTIMISED IN ANY WAY WHATSOEVER FOR HIS/HER ROLE IN THE PROCESS LEADING TO THIS RE-NEGOTIATION AND AGREEMENT. Signed this ……………... day of …………………….…….. 2009 ………..…..….………………….. Dr. B. O Babalakin SAN, OFR Chairman, Committee of Pro – Chancellors of the Federal Universities and Pro-Chancellor University of Maiduguri ………..…..….………………….. Professor Ukachukwu Awuzie President, ASUU, For and on behalf of the Academic Staff of Union of Universities ------------------------------------- Deacon Gamaliel O. Onosode, OFR Chairman, FGN/ASUU Re-negotiation Committee and Pro – Chancellor, University of Lagos 34
Posted on: Fri, 01 Nov 2013 09:10:05 +0000
Trending Topics
Recently Viewed Topics
© 2015