Higher And Technical Education Minister Illegally Imposes Vice-Chancellor On University

Know The Facts

What the policy (Universities Act, 2021) states:

S8. (2) A Vice-Chancellor and Principal under subsection (1), shall be appointed by the Chancellor on the advice of the Minister on such terms and conditions as the Court may determine.

(3) The advice of the Minister under subsection (2) shall be based on the recommendation of a joint search Committee of the Court and the Commission.

(5) Where the office of the Vice-Chancellor and Principal is vacant or, if for any reason, he is unable to perform the duties of his office, the Pro Vice-Chancellor shall perform the duties of the Vice-chancellor and Principal until the Vice-Chancellor and Principal resumes his duties or another is appointed in his stead.

s9. (1) A University shall have a Pro Vice-Chancellor who shall be appointed by the Court from among the Deputy Vice Chancellors of the University.

(2) A Pro Vice-Chancellor appointed under subsection (1), shall hold office for a term of 3 years and shall be eligible for reappointment for a further term of 2 years only.

Comments:

1. On 11th December 2023, the MTHE appointed Prof. Lawrence Kamara as the “Acting Vice-Chancellor and Principal (VC&P) of USL contrary to Sections 8(2), (5) & 9(1) of the Universities Act, 2021.
2. The new Acting VC&P appointed by the MTHE has past his retirement age, which is 65. He was Deputy Vice Chancellor of Fourah Bay College and my source at USL told me that his appointment was not renewed in 2022 after 15 out of the 20 USL Court members present in the meeting voted against him on the grounds of his age and incompetence, inter alia.
3. Until he was appointed Acting VC&P, Prof Lawrence Kamara was a lecturer in the Department of Statistics at FBC, a position he can serve until the age of 70.

Conclusion:

1. The Minister of Higher and Technical Education has no powers to appoint a new VC&P; that power lies within the purview of the Chancellor of USL who is also Chairman of the USL Court, the highest administrative decision-making body of the University. The minister therefore acted ultra vires (beyond her powers).
2. The Act is very clear in Section 8(5) that in the absence of the substantive Vice-Chancellor and Principal, a Pro Vice-Chancellor (provided for in Section 14(2) (b) performs that role/function.
3. Furthermore, the Act is very clear in Section 9(1) on the appointment of a Pro Vice-Chancellor – that he/she must be appointed from among the existing Deputy Vice Chancellors of FBC, IPAM, and COMAHS.
4. It is important to note that there is a sitting Pro Vice-Chancellor, who by law should act in the absence of the substantive VC&P until the USL Court and Tertiary Education Commission (TEC) put together a search committee for the appointment of a new VC&P as referenced in Section 8(3) of the Act.
5. Every holder of the post (VC&P) shall retire at 65 years unless the Court says otherwise.
6. The appointment of Prof. Lawrence Kamara as Acting VC&P of USL by the MTHE is therefore illegal!