Acting VC Sues Institution Over Alleged Unlawful Removal

The Acting Vice Chancellor of the Federal University of Health Sciences, Otukpo (FUHSO), Professor Ediga Bede Agbo, has filed a lawsuit against the institution to protect his appointment.

The case, filed at the National Industrial Court in Makurdi, also lists the Honorable Minister of Education, the university’s Senate, and its Governing Council as defendants.

The suit, which seeks interlocutory injunctions, arises from allegations of attempts to remove Professor Agbo from his position as Acting Vice-Chancellor unlawfully. Appointed by the Governing Council on October 17, 2024, Professor Agbo argues that the university’s decision to recommend Professor Stephen Obekpa Abah, a non-staff member, as the Acting Vice Chancellor is undermining his tenure.

In the motion on notice brought under Order 17 of the National Industrial Court Rules 2017 and Section 6 of the 1999 Constitution, the claimant seeks the following reliefs: An order directing the university and its agents to recognise Professor Agbo as Acting Vice-Chancellor and grant him all rights and privileges associated with the office pending the resolution of the substantive suit.

There was also an order restraining the defendants from appointing Professor Abah or any other individual to Acting Vice Chancellor during the trial and an order for an accelerated hearing of the suit.

The claimant’s counsel, led by Terkaa J. Aondo, SAN, emphasised that the orders are necessary to preserve the status quo and prevent irreparable damage to the claimant’s reputation and the university’s administrative stability.

In the affidavit, key issues are raised: His statutory entitlement to the role of acting vice chancellor as the most senior professor in the institution.

There is an alleged lack of proper authorisation for Professor Abah’s previous appointment as Deputy Vice-Chancellor.

The absence of requisite approvals for Professor Abah’s nomination by the university’s Senate on November 29, 2024.

The affidavit further argues that Professor Abah, who has yet to formally transfer his services from Ambrose Alli University, is ineligible for any appointment at FUHSO.

The claimant’s legal team argued that the case presents serious questions for determination, including the legality of the defendant’s actions and the potential violation of the claimant’s rights. Drawing on precedents such as Kotoye v. CBN (1989) and Azuh v. UBN PLC (2014), the lawyers have urged the court to grant interlocutory injunctions to prevent further damage.

Professor Agbo contends that the ongoing actions by the university’s leadership threaten to disrupt academic activities and undermine his ability to execute his duties effectively. His affidavit also indicates that he has undertaken to pay damages should the court find the injunction unnecessary.

The National Industrial Court will hear the motion in the coming weeks. Observers note that the case could have significant implications for university governance and the autonomy of academic institutions in Nigeria.