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University Governance at UNIOSUN Defined by Law, Not Union Preferences

The attention of the Governor and Visitor to Osun State University has been drawn to the recent statement attributed to the Academic Staff Union of Universities (ASUU), particularly the report on the Union’s decision to deploy a team to Osogbo over the extension of the tenure of the Vice-Chancellor of Osun State University, Professor Clement Odunayo Adebooye.

While the Governor respects the right of every recognised staff union of the university to express its views on matters concerning the welfare and administration of the University, it is important to state, for the avoidance of doubt, that the governance of Osun State University is regulated by law and by the clearly defined statutory responsibilities of the Visitor, the Governing Council and other organs of the University.

ASUU, as a trade union, representing academic staff, has an important role to play in promoting the welfare and professional interests of its members. However, that role does not confer upon the Union the authority to determine, direct or substitute its judgment for the statutory responsibilities vested by law in the Visitor, the Governing Council or the Osun State House of Assembly.

The Government therefore considers it necessary to correct the impression that the decision concerning the Vice-Chancellor’s tenure was taken arbitrarily or outside the framework of due process.

In the first place, the current tenure of the Vice Chancellor subsists until January 2027, so the government has not taken any retroactive decision with respect to the tenure of the Vice-Chancellor.

The decision by His Excellency, Senator Ademola Nurudeen Jackson Adeleke, as Visitor to Osun State University, must be understood within the context of the constitutional and statutory responsibilities of the Visitor and the subsequent legislative intervention by the Osun State House of Assembly.

Following the Visitor’s decision, the State Legislature commenced the process of amending the Osun State University Establishment Law to provide the necessary statutory framework for the tenure extension. The amendment was subsequently considered and passed by the House of Assembly after legislative consideration of the relevant provisions.

It is therefore inaccurate to portray the matter as though the Visitor acted in isolation or that the University’s governing framework has been disregarded.

The Visitor cannot be said to have acted outside the law where the competent legislative authority has exercised its constitutional legislative function to amend the enabling law.

It is equally important to distinguish between the interpretation of an existing statutory provision and the legislative power to amend that provision. The fact that the earlier version of the Establishment Law contained a particular provision regarding the tenure of the Vice-Chancellor does not mean that the Legislature is permanently precluded from reviewing or amending that provision in accordance with the applicable legislative procedure.

Indeed, the Osun State House of Assembly’s consideration and passage of the amendment bill demonstrates that the issue was subjected to legislative scrutiny rather than being treated as a matter beyond the reach of the law.

The Osun State Government therefore finds it necessary to caution against attempts to create an unnecessary atmosphere of crisis, illegality or institutional instability around a matter that has been subjected to the appropriate governmental and legislative processes.

No staff union, including ASUU, has the statutory authority to teach the Visitor or the Governing Council how to exercise powers lawfully vested in them. The University is governed by its enabling law, and not by the unilateral interpretation of any union or pressure group.

It is also pertinent to state that the Governing Council remains the appropriate statutory organ for matters within its jurisdiction, just as the Visitor exercises the powers assigned to that office by the enabling framework of the University. Staff unions are important stakeholders, but they are not substitutes for these statutory organs.

The Governor consequently urges all members of the University community to refrain from actions, statements or mobilisations capable of creating needless tension in an institution that has remained focused on its core mandates of teaching, research, innovation and community service.

It is our believe that the University’s attention is presently directed towards the successful completion of ongoing academic and administrative programmes, including preparations for the University’s forthcoming 16th Convocation Ceremonies and other activities designed to consolidate the remarkable progress recorded by the institution.

The Osun State Government also welcomes constructive engagement with all recognised unions and stakeholders. However, such engagement must be conducted within the boundaries of the law, mutual respect and the established governance structure of the University.

For the avoidance of doubt, the Osun State Government remains committed to the rule of law, due process, institutional stability and the authority of the legally constituted organs responsible for the governance of Osun State University.

The Governor therefore advises all stakeholders to allow the appropriate statutory institutions to discharge their responsibilities without unnecessary pressure, misrepresentation or attempts to create an impression of institutional crisis where none exists.

Signed:
Oluomo Kolapo Alimi,
Commissioner for Information and Public Enlightenment