By: Dr. Saminu Dagari
From my experience as a member of the Governing Council of the University of Lagos, I have discovered that Government has been making conflicting policies which directly affect governance of Nigerian Universities.
1) The University Act
This is the fundamental law establishing the University. The functions of the Governing Council and its Finance and General Purposes Committee are provided in the University Act.
i) The Council shall be the governing body of the University and shall be charged with the general control and superintendence of the policy, finances and property of the University, including its public relations.
ii) There shall be a committee of the Council, to be known as the Finance and General Purposes Committee, which shall, subject to the directions of the Council, exercise control over the property and expenditure of the University and perform such other functions of the Council as the Council may from time to time delegate to it.
2) The 2007 Universities Autonomy Act
Two new Sections introduced by this Act clearly proclaim the autonomy or independence of the Universities as they provide as follows:
“S.2AA. The powers of the Council shall be exercised, as in the Law and Statutes of each University and to this extent establishment circulars that are inconsistent with the Laws and Statutes of the University shall not apply to the Universities.” and
“S.2AAA -The Governing Council of a University shall be free in the discharge of its functions and exercise of its responsibilities for the good management, growth and development of the university.”
The purpose of these provisions is to liberate the universities from the entanglement of the Civil Service and to enable the Council exercise its powers and perform its functions without undue external interference or influence.
Government retains the absolute power of control over the Universities through the dissolution of Council, Visitation, the final appeal to the Visitor by a removed Vice-Chancellor and the power of dissolution. Thus, the autonomy under this Act is not absolute but qualified.
3) The 2007 Public Procurement Act (PAA)
The PAA recognizes Universities as procurement entities, with the following structures for regulating and implementing procurement;
i) The Bureau. ii) Tenders Board
iii) Accounting Officer (The Vice-Chancellor)
iv)Procurement Planning Committee
v) Procurement Department
The membership of the University Tenders Board includes
i) Accounting Officer (Vice-Chancellor)
ii) Deputy Vice-Chancellors
iii) Bursar iv) Registrar v) Director Works and Physical Planning
vi) Procurement Officer (Head Procurement Department) –Secretary
(in his absence an officer of not less than Assistant Director in rank shall act as Secretary)
vii) Any other person with relevant skills may be appointed a non- voting member to support the work of the Tenders Board
The Tenders’ Board shall be responsible for the award of procurements of goods, works, and services within the stipulated thresholds as contained in the procurement regulations from time to time.
The thresholds for the following approving authorities, effective from January 14, 2016 to January 21, 2022 are,
i) Bureau for Public Procurement (BPP) awards “No Objection Certificate” for award of contract by the Federal Executive Council
Approval Limit
Goods: N100 million and above
Works: N500 million and above
ii) Ministerial Tenders Board
Approval Limit
Goods: N50 million and above, but less than N100 million
Works: N500 million and above but less than N500 million
iii) University Tenders Board
Approval Limit
Goods: N2.50 million and above, but less than N50 million
Works: N5 million and above but less than N250 million
iv)The Accounting Office (Vice-Chancellor)
Approval Limit
Goods: Less than N2.50 million
Works: Less than N5 million
It is to be noted that any abuse by an approving authority constitutes a financial infraction.For example, a Vice-Chancellor cannot approve N2.50 million and above for Goods.
Conflicting Government Policies in the University System
The composition and functions of the University Tenders Board have reduced the Governing Council from a general controller and superintendent of the policy, finances, property and public relations of the University to a mere observer.
All members of the Tenders Board are from the University. Government has no representation on this Board. This has made it possible for Vice-Chancellors to mismanage the meagre resources of the Universities through financial infractions.
Take for example, the renovation of the official residence of Prof. Oluwatoyin Ogundipe, the Vice-Chancellor of the University of Lagos, which was given to ten different contractors at total sum of N 49,434,038.46;
1) Alex Ilesanmi Enterprises
No. of contracts awarded = 4, Total contract sum = N 7,584,780.00 (Contract splitting)
2) Beulah Ventures
No. of contracts awarded = 8, Total contract sum = N 14,676,065.00 (Contract splitting)
3) Deji Yemi Enterprises
No. of contracts awarded = 2, Total contract sum = N 4,047,674.96 (Contract splitting)
4) Sunny Fasco Co. Ltd
No. of contracts awarded = 5, Total contract sum = N 11,753,538.50 (Contract splitting)
The following contractors were awarded one contract each;
5) FBG Engineering Company Ltd.
(N 761,250.00)
6) Hagybyke H. Nigeria Enterprises
(N 2,475,050.00)
7) Isaac Olanisim (Nig.) Co. (N 2,231,250.00)
8) Olarnurr Nig. Enterprises (N 2,282,280.00)
9) Bi-Zat Ventures Nig. Ltd. (N 1,701,000.00)
10) D3K Global Enterprises (N 1,921,150.00)
Total = N 49,434,038.46
The Management of the University of Lagos under Prof. Ogundipe took advantage of the usurpation of powers of the Governing through manipulation of the Public Procurement Act to mismanage the meagre resources of the University of Lagos.
Look at how the revenue and expenditure of the University were basterdised. I’ll pick two items each from revenue and expenditure for lack of space to show how financial figures were fraudulently falsified.
For same items, different figures were presented to Council and in 2017 Audit Report. How on earth? This primitive and crude way of cooking the books!!!
Revenue items from January to December, 2017
1) Hire/Rent of University Property
Amount presented to Council: N 96,861,683
Amount presented in 2017 Audit Report:
N 16,624,953
See the unbelievable differential from N96 million to N16 million
2) Contributions from Auxiliary Units (IGUs)
Amount presented to Council: N 961,740,103
Amount presented in 2017 Audit Report: Nill (This implies the Internally Generating Units did not generate anything from January to December, 2017. This is unbelievable).
Expenditure items from January to December, 2017
3) Other Welfare Packages
Amount presented to Council:
N 58,755,029.31
Amount presented in 2017 Audit Report:
N 710,445,507
4) Expenses on Research
Amount presented to Council:
N 62,953,802.40
Amount presented in 2017 Audit Report:
N 171,684,245
The 2007 Public Procurement Act is in conflict with provisions of the University Act and the 2007 University Autonomy Act. University Managements are simply capitalizing on this to mismanage University funds. That is why the process of appointment of a Vice-Chancellor is a do or die affair.
Enrolment of Universities on IPPIS:
Universities were among the last sets of parastatals to be enrolled on IPPIS. They simply asked for it!!
Information provided to Government on payment of salaries in Universities is alarming. From January to September, 2019, the Federal Government provided a sum of
N7, 530,428,535.69 to the University of Lagos for payment of salaries through the GIFMIS Platform. Out of this, only
N4, 339,000,277.09 was utilized, leaving a surplus of N3, 191,428,258.60, which was not remitted to Government.
With this and other related information, Government cannot succumb to pressure to approve different payment platforms proposed by University based unions.
- Dr. Dagari writes from the Federal University, Gashua, Yobe State
