Ortuanya’s election as UNN VC flawed – Lawyer declares

A lawyer, Barr Chris Okwudili, has declared that the process which produced Prof Simon Ortuanya as the new Vice Chancellor of the University of Nigeria, Nsukka, is flawed.

Okwudili, from the Chambers of T.J. Aondo, a Senior Advocate of Nigeria, SAN, told DAILY POST on Thursday that it was wrong for the Governing Council to have continued with the process despite being aware of the pendency of a legal suit.

Aondo, (SAN), is the counsel to Prof M. Mukhtar, one of the contestants for the position of the UNN Vice Chancellor.

Prof Mukhtar had earlier approached the Federal High Court in Abuja seeking judicial interpretations into some of the actions leading to the election of a new UNN Vice Chancellor.

However, the process went on despite the pending suit.

Barr Okwudili has now affirmed that the continuation of the process despite the pending suit amounted to a disturbance of the judicial process.

According to him, “the matter is in court already; according to the doctrine of lis pendens, you should not do anything to disturb the judicial process.

“By the time the matter is heard, the court will take the necessary actions, we will wait for the court; it is now between them and the court, not us anymore.”

Meanwhile, in the court process obtained by our correspondent, Mukhtar, through his lead counsel, Aondo, (SAN), sued the Minister of Education and the then Acting Vice Chancellor, Prof Oguejiofor Ujam, as 1st and 2nd Defendants, respectively.

He is seeking for determination, “Whether having regard to the letter of appointment dated 7th February, 2025 issued by the 1st Defendant, the 2nd Defendant, as Acting Vice Chancellor, is bound to facilitate the process for the emergence of the substantive vice chancellor of the University of Nigeria within 6 months of his appointment which terminates on the 10th of August, 2025?

“Whether the refusal of the 2nd Defendant to abide by the core mandate prescribed in the 1 Defendant’s letter of appointment dated the 7th day of February, 2025 Invalidates his appointment?

“Whether having regard to the provisions of Section 4(2)(a) and (b) the First Schedule of the University of Nigeria Act, the Defendant is not bound to advertise the vacancy in the post of the Vice Chancellor of the University of Nigeria, Nsukka in a reputable journal or widely read newspaper in Nigeria as well as constitute a search team to identify and nominate suitable persons who are not likely to apply for the post on their own volition.

“Whether the Defendants can validly rely on an advertisement announcement for vacancy for the post of the Vice Chancellor of the University of Nigeria, Nsukka made on 11th October, 2024, which expired 6 weeks after the date of publication, to select a new vice chancellor for the University of Nigeria, Nsukka?

“Whether the Defendants can validly rely on the list of candidates drawn up from the vacancy announcement for the post of Vice Chancellor of the University of Nigeria, Nsukka which cancellation by the 1 Defendant had led to the appointment of the 2 Defendant.

“Whether in view of the mandatory and extensive procedure outlined in Section 4(2)(a) & (b) of the First Schedule of the University of Nigeria Act to be adopted for the selection of a new vice chancellor of the University of Nigeria, Nsukka, the 2nd Defendant can oversee same within the less than 25 days remaining before his tenure as Acting Vice Chancellor of the University of Nigeria, Nsukka elapses?”

The plaintiff then asked the court for a declaration “that by virtue of the letter of appointment of the 2nd Defendant, dated 7th February, 2025 with an effective date of 10 February, 2025, the 2nd Defendant’s tenure as Acting Vice Chancellor of the University of Nigeria, Nsukka shall elapse before or on the 10th of August, 2025;

“A declaration that by virtue of the letter of appointment of the 2 Defendant, dated 7th February, 2025, the 2nd Defendant is not eligible to apply/contest for the position of the substantive vice chancellor of the University of Nigeria, Nsukka whenever it is advertised by the Governing Council.

“A declaration that the Defendants are bound to adhere to the provisions of Section 4(2)(a) & (b) of the First Schedule of the University of Nigeria Act in the selection of a substantive vice chancellor for the University of Nigeria, Nsukka.

“A declaration that the list of candidates for the position of the substantive vice chancellor of the University of Nigeria, Nsukka, drawn up pursuant to the announcement/advert made on 11th October, 2024 or any other date before the assumption of office of the 2nd Defendant, is invalid for the facilitation of the emergence of a substantive vice chancellor for the University of Nigeria, Nsukka.

“A declaration that a valid list of candidates for the position of the substantive vice chancellor of the University of Nigeria, Nsukka, during the tenure of the 2nd Defendant, can only be drawn up through a nomination process facilitated by the 2nd Defendant in line with the terms of his letter of appointment dated 7th February, 2025.

“An order of this Honourable Court directing the 1st Defendant to relieve the 2nd Defendant of his duties as Acting Vice Chancellor of the University of Nigeria, Nsukka due to the 2nd Defendant’s inability/refusal to facilitate the process for the emergence of a substantive vice chancellor of the University of Nigeria, Nsukka.

“Any other order or orders as the Honourable Court may deem fit to make.”

Ortuanya was earlier this month announced as the new Vice Chancellor of UNN.

Ortuanya’s election as UNN VC flawed – Lawyer declares