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Gabriel Dike
The Minister of Education, Mallam Adamu Adamu has directed the Rector, Federal Polytechnic, Bida, Niger State, Dr. Abubakar Dzukogi to retire and continue in office. The directive is against the Federal Polytechnics Act 2019.
The letter to the rector, dated June 19th, 2020 and signed by the Director of Tertiary Education, Mr. Samuel Ojo, asked Dr. Dzukogi to retire with immediate effect from the service of the polytechnic but continue to function as rector.
The Academic Staff Union of Polytechnics (ASUP), Bida chapter faulted the re-appointment of Dr. Dzukogi, who will be 65 years old in February 15th, 2021 for a second tenure of four years.
The decision of the education minister is currently generating ripples in the polytechnic as ASUP and some workers have kicked against the abnormality.
ASUP branch chairman, Abubakar Ndasabe told The Education Report that Dr. Dzukogi continue stay in office after he retired from the service of the Federal Polytechnic, Bida, amount to running the institution as a sole administrator which is against the Federal Polytechnics Act (amendment) 2019.
Explanatory memorandum of the new act reads: ‘’This Act amends the Federal Polytechnics Act Cap. F17, Laws of the Federation of Nigeria, 2004 to, among other things, review the retirement age of staff of Federal Polytechnics in Nigeria and harmonise the tenure of the office of the rector and other principal officers Federal Polytechnics in Nigeria.’’
Dzukogi’s retirement from the polytechnic, which ought to have been made public as the helmsman of the institution, was kept secret until one of the staff unions stumbled on his retirement letter.
The exposure of Dzukogi’s retirement while still running the affairs of the polytechnic has further generated tension. Following the disclosure, ASUP again challenged his continue stay in office via a petition to the education minister.
According to ASUP, the amended Federal Polytechnics Act 2019, Section 14, states that the compulsory retirement age of staff of polytechnics shall be 65 years while Section 16, categorically states that ‘’there shall be no sole administration in any polytechnic in Nigeria.’’
The counsel to the union, Mr. Femi Falana wrote to the Minister of Education, Mallam Adamu and demanded for the reversal of the re-appointment of Dr. Dzukogi as rector of Federal Polytechnic, Bida.
In the letter dated July 16, 2020, Falana said following ASUP complaint about the illegality of Dzukogi re-appointment for a term of four years, the Federal Government abridged it to two years, thus the rector would vacate office on February 15, 2021.
Falana, a senior advocate of Nigeria said the union discovered that another letter signed by the director of tertiary education, Mr. Ojo extended the rector’s tenure for additional two years tenure beyond his retirement age.
ASUP counsel explained that Dr. Dzukogi was 63 years old in June 2019 and he ought not to have been re-appointed as the rector of Federal Polytechnic because he had only two left in service. He said based on the fact the Polytechnics Act 2019 did not have the provision for two years tenure, the Federal Government should reverse the re-appointment of Dr. Dzukogi.
Reacting to Falana’s letter, counsel to the rector, Ihenyerem Okata, insisted that in line with the Polytechnics Act 2019 and extant provisions, the Federal Government re-appointed Dzukogi to another four years tenure.
Okata said since the case is already in court, the union cannot bring the petition before the minister, adding ‘‘they have to wait for a final determination by the court and then the administrative action can proceed, if need be.’’
He urged the minister to advised ASUP to desist from frivolous and contemptuous letter writing and petitions. The lawyer said the union should direct their energies towards research and incidental matters that can improve the tertiary education sector and not acrimonious person witch-hunting.
