The Federal Ministry of Education has issued a full explanation on the execution of the Federal Colleges of Education Act, 2023, notably in terms of Provost tenure.
This is in response to a letter from the Joint Action Committee (JAC) of Staff Unions of the Federal College of Education (Technical), Akoka, dated April 8, 2024, requesting clarity to avoid potential sector problems.
According to a statement made by the Ministry’s Legal Unit on May 23, 2024, the modified Act provides for a single, non-renewable five-year term for Provosts of Federal Colleges of Education. This clause aims to standardise tenure across institutions and establish a clear succession plan.
The statement emphasised significant sections of the Act, including the single term of five years under section 13(6) of the modified Act, which means Provosts are now limited to a single term of five years with no chance of extension. Transitional provisions under section 13(7) handle the status of Provosts appointed before the Act was passed. Provosts who have been in office for fewer than five years shall serve a single five-year term, regardless of their initial appointment periods. Those serving a second term at the time the Act was passed will finish their current four-year term without being extended.
Additional scenario-specific interpretations were offered. Provosts who had not finished their initial four-year term prior to the Act’s passage are granted an extra year, making it a five-year tenure with no opportunity for renewal. Provosts who were re-appointed for a second four-year term before the Act went into effect will serve their final term, and they will not be transitioned to a five-year term.
The Ministry emphasised that these procedures are meant to maintain justice and equality by allowing Provosts to serve their mandates without interruption. The Act’s plain language reflects the legislative goal to ensure stability and avoid uncertainty during leadership transitions within the Colleges of Education.
The Ministry cited a Supreme Court decision in Olofu v. Itodo (2010), which emphasises the necessity of interpreting legislation based on their plain and common sense. This idea informed the Ministry’s interpretation of the new laws.
The Ministry invites any outstanding questions or grievances about these provisions to be forwarded to the relevant institutions’ Governing Council for further consideration. The Federal Ministry of Education praised the Joint Action Committee’s efforts to ensure a peaceful industrial environment and reaffirmed its commitment to enforce the Federal Colleges of Education Act of 2023 and other applicable legislation.
The Honourable Minister of Education expresses his warmest compliments and thanks the academic community for its sustained collaboration and confidence.
cc: Vanguard Ng
