By: Oluwatosin Adesola
Hon. Justice D.I Kolawole of the Ondo State High Court, sitting at Okitipupa, has dismissed a suit filed by one Bayo Olusanya for himself and members of a group called Advocacy for Rule of Law, Transparency and Accountability, seeking to nullify the process for the appointment of a new Vice Chancellor for Olusegun Agagu University of Science and Technology (OAUSTECH), Okitipupa.
The court upheld the appointment of the Vice Chancellor.
In the Suit filed on 2nd November, 2021 and marked HOK/36/2021, the Claimant listed the Chairman of the University Governing Council, the Registrar, the Joint Council & Senate Selection Board and the Vice Chancellor of the University as Defendants.
Counsel to the Claimant, Omolegbon Odusola Esq., had sought various reliefs aimed at nullifying the process for the selection of a new Vice-Chancellor for the University on the ground that the meetings of the University’s Governing Council held on 7/7/2021, 8/7/2021, 14/10/2021 and 15/10/2021 wherein some decisions were taken concerning the selection of the new Vice-Chancellor, did not have the requisite quorum as stipulated by the extant Law of the University.
In a Counter Argument, Counsel to the University, Barr. Femi Emmanuel Emodamori, insisted that the Claimant lacked the locus standi to institute the case and that he equally failed to fulfill the condition precedent of filing such case, by not serving the University a pre-action notice in line with Section 24 of the Law establishing the University.
Emodamori submitted that “In reaction to paragraph 24 of the affidavit in support of the Originating Summons, I verily state that: The meetings of the University Governing Council held on 7/7/2021, 8/7/2021, 14/10/2021 and 15/10/2021, where the Council discussed issues relating to the selection of the Vice-Chancellor of the University, had the statutory quorum.
“The requirement that a candidate for the office of the 4th Defendant (Vice Chancellor of the University) must be a Professor for a minimum period of 10 years is neither new nor introduced arbitrarily for the purpose of the ongoing selection process for a new Vice-Chancellor.
“I know as a fact that it is one of the requirements recommended by the National Universities Commission (NUC), and which the previous Governing Council of the University used for appointing her incumbent Vice-Chancellor.
“Further to paragraph 21b above, I know as a fact that in 2016, the University (then known as Ondo State University of Science and Technology (OSUSTECH) advertised the post of the Vice-Chancellor in the Thursday, January 21, 2016 edition of the Punch Newspaper, stating that intending candidates “must be a Professor of not less than Ten (10) years standing”. I have attached both the full page and magnified relevant portion of that advert (to enhance legibility) as Exhibits FEE5 and FEE5a respectively,” the defence lawyer argued.
However, in a judgment, Hon. Justice D. I Kolawole agreed with the lawyer to the University, Femi Emodamori’s argument that the Claimant lacked the locus standi to institute the case.
Justice Kolawole further held that the University’s Governing Council was properly constituted at the material time to the Suit, contrary to the case of the Claimant.
Consequently, the Judge dismissed the Suit and awarded N50,000 fine against the Claimant.
