Justice Aminu Bappa of the Federal High Court Gusau has granted an order asking for the Federal Ministry of Education, National Commission for Colleges of Education and COE ASU to appear before him on Thursday 21/03/2024 and show cause why the reliefs sought for by Incorporated Trustees of Ambassadors For Wellness, Community Development and Social Justice shall not be granted.
On Monday, the incorporated Trustees of Ambassadors For Wellness, Community Development and Social Justice approached the Federal High Court in Gusau challenging the steps taken by the State Minister of Education and indeed COEASU to illegally removed the provost of the FCET Dr. Mrs. Hauwau Gimbiya Mukhtar Abdulkarim.
Other parties joined In the suit include the Zamfara State Police Commissioner, the Commandant of Nigeria Security and Civil Defense Corp as well as the Provost.
The NGO raised numerous grounds in their originating summon for determination among which includes: whether by the combine effects of section 1(1) and section 5(1) of the constitution of the Federal Republic of Nigeria and section (10) of the Federal College of Education Act the Ministry of Education, The National Commission for Colleges of Education or COEASU have the power to interfere with the powers of the President in terms of appointment of the Provost of the FCET.
Whether suspension of academic activities at the FCET Gusau by the members of COEASU to coerce the Provost to resign is not derogation and undermining the powers of the President.
Whether the provision of the law of any association, including that of COEASU can invalidate an act of the national assembly which was fully signed by the President of the Federal Republic of Nigeria.
In the originating summon, the petitioners are asking for declaration that, the COEASU lacks the power under the constitution or the act establishing Federal College of Education to suspend or pressurized the Provost of the FCET to resign having been appointed by the President of the Federal Republic of Nigeria.
And that, the COEASU has no power under any association regulations to temper with the exercise of the executive power of the President.
That, any regulation or rule cited by the COEASU is inconsistent with the provision of section 5(1) of the constitution of the Federal Republic of Nigeria 1999 (as amended).
The NGO has also prayed for the court to award the sum of N50M being damage trauma and defamation caused the Provost as a result of their actions.
It could be recall that in September 2023 President Bola Ahmad Tinubu issued a letter of appointment to the current Provost of the FCET Gusau Dr. Mrs. Hauwau Gimbiya Mukhtar Abdulkarim after emerging as the overall best in the interview conducted by the panel constituted by the Federal Ministry of Education.
Five months into her resumption of office, the COEASU allegedly raised alarm that the provost is not qualified to be appointed to that post.
The action of the union resulted in suspending academic activities in the FCET on the ground that the Provost has to resign forcefully.
