DEPUTY REGISTRAR/SECRETARY, AHMADU BELLO UNIVERSITY, DISCIPLINARY PROCESSES AND PROCEDUREs IN AHMADU BELLO UNIVERSITY, ZARIA* BY   C.E. EMEH ESQ DEPUTY REGISTRAR/SECRETARY, INSTITUTE OF EDUCATION, AHMADU BELLO UNIVERSITY, ZARIA _____________________________ *Paper presented at the Annual Sensitization Workshop for Deans, Directors and Heads of Departments for the year 2016scheduled for 20th July, 1016 in the Auditorium of School of Postgraduate Studies, A.B.U., Zaria.

1.0. INTRODUCTION Section 5 of the Regulations Governing the Conditions of Appointment of Senior Staff of Ahmadu Bello University (otherwise known as “The Regulations”), provides for “Discipline”. It says: “Every member of staff is expected to be disciplined and of good behavior throughout the period of his/her employment in the University. Disciplinary action shall be taken against any member of staff who commits an act of misconduct or gross misconduct.” It shall, therefore, be the duty of every staff of the University to acquaint himself/herself with the disciplinary rules and regulations in force in the University. 2.0 DISCIPLINE 2.1. Meaning of discipline According to “Wikipedia, the free encyclopedia”, discipline is the practice of making people to obey rules or code of behavior by using punishment to correct disobedience.

2.2. Importance of Discipline Every formal organization must have a body of rules to regulate the conduct of its members. Ahmadu Bello University is, therefore, not an exception. The University has put in place a number of laws, rules, regulations, codes, etc. to control the behavior of members of its staff; prominent among them are:- Ahmadu Bello University Law, Cap 14 Regulations Governing the Conditions of Appointment of Senior Staff of Ahmadu Bello University (2011) Regulations Governing the Conditions of Appointment of Junior Staff of Ahmadu Bello University. These laws, rules and regulations are backed up appropriate sanctions in order to command obedience. This forms the topic of our discussion in this paper. 2.2. Importance of Discipline The importance of discipline particularly in Ahmadu Bello University cannot be overemphasized because when consistently and properly applied, it helps to – Reinforce the rules already established for work place conduct, and promotes discipline among the staff. Ensure that employees adhere to established University rules and regulations Allows them to correct unacceptable behavior as contained in “The Regulations” and maintain good conduct in the University. In a nutshell, disciplinary actions are used by the University Management to correct misbehaviors in the University.

3.1 ACT OF MISCONDUCT 3.1. Definition Section 5(b) of the Regulations defines “act of misconduct” as: Any act prejudicial to the good discipline and proper administration of the University. It shall also include specific acts of wrong doing or an improper behavior, which is inimical to the image of the University and which can be investigated and proved. Without prejudice to the definition, such act of misconduct will include:- (i) Absence from duty without lawful excuse (ii) Refusal to carry out lawful directives (iii) Negligence of duty (vi) False claims against the University (v) Financial embarrassment (vi) Unauthorized disclosure of official information (vii) Unruly behavior (viii) Dishonesty (ix) Drunkenness (x) Insubordination (xi) Committing any acts inconsistent with the proper performance of the duties for which the member of staff was employed.

(xii) Refusal to proceed on transfer or accept posting (xii) Refusal to proceed on transfer or accept posting. (xiii) Habitual lateness to work. (xiv) Deliberate delay in carrying out official duties. (xv) Failure to keep records (xvi) Sleeping on duty (xvii) Improper dressing to work (xviii) Hawking of merchandise during office hours (xix) Malingering (xx) Discourteous behavior in public xxi) Failure to exhaust internal mechanism in seeking redress. 4.0. GROSS MISCONDUCT According to Section 5(c) of the Regulations – Gross misconduct is a specific act of very serious wrongdoing and improper behavior, which is inimical to the image of the University and which can be investigated and if proven, may lead to dismissal. Without prejudice to the definition, such acts of gross misconduct include:- (i) Conviction on a criminal offence (ii) Withholding of files (iii) Absence from duty without leave (iv) Bankruptcy as defined by bankruptcy law (v) Serious financial embarrassment (vi) Act prejudicial to the security of the State (vii) Holding more than one full-time paid jobs (viii) Taking up any appointment without an approval (ix) Divided loyalty (x) Sabotage

(xi) Willful damage to University property (xii) Sexual harassment (xiii) Any other act unbecoming of a public officer (xiv) Plagiarism (xv) Bribery (xvi) Corruption (xvii) Embezzlement (xix) Fraud (xx) Infringement of University copyright ownership (xxi) Examination malpractice (xxii) Committing any other act which is inconsistent with the proper performance of the duties for which the member of staff was employed. (xviii) Falsification of records or accounts.

5.0. DISCIPLINARY PROCESSES AND PROCEDURES Issues of discipline in the University are governed by Statute 8(5) of the University Law Cap 14 LFN 2004 and Section 5 of the Regulations Governing the Conditions of Appointment of Senior Staff of Ahmadu Bello University. According to Statute 8(5):- “5. Subject to the provisions of this Statute and to the terms of his appointment no member of the Senior Staff shall be dismissed save by decision of the Council and for good cause, which shall mean gross misconduct or inability to carry out the duties of his office or employment Provided that; (i) before taking its decision, the Council shall receive and consider a report on the case by a Joint Committee of the Council and the Senate consisting of the Chairman of Council as Chairman and equal numbers of members of the Council and of the Senate. (ii) No person shall be dismissed by the Council, unless he shall have been given a reasonable opportunity of being heard by the Council. (iii) Pending the completion of the hearing of a case by the Joint Committee provided for in paragraph (a) of this proviso and a decision on the case by the Council, the Vice-Chancellor may at his discretion suspend the member of staff against whom the case has been brought from any or all of his university duties, rights and privileges, save that the member of staff shall continue to receive his normal emoluments during such period of suspension”

Similarly, under the provision of Section 4(h) of the Regulations Governing the conditions of Appointment of Senior Staff, “An appointment may be terminated at any time due to the following:-“ By the Council, in accordance with the University Statutes” It shall be the duty of every officer to report any case of misconduct that comes to his/her notice to an officer superior to the officer involved. This may be the Head of Department, Dean of the Faculty, Director or Secretary of an institute/Centre. As soon as a superior officer is dissatisfied with the behavior of any officer subordinate to him, it shall be the duty of the superior officer to inform the subordinate in writing, giving details of his unsatisfactory behavior and calling upon the staff member to submit within a specific period (usually between 24 – 48 hours), such written representation as he (staff member) may wish to make to exculpate himself from disciplinary action. Where such superior officer is not satisfied with the written representation of the staff member, he shall refer the matter to the Vice Chancellor who shall, where he deems fit, direct the Registrar to commence disciplinary proceedings against the staff member.

The Registrar will, on behalf of the Senior Staff Disciplinary Committee (SSDC), issue queries to the staff and obtain their written responses. Thereafter, invitation letters will be sent to the affected staff to appear before the Committee, indicating date, time, and venue of the meeting. The letters of invitation to staff should clearly notify them that the Senior Staff Disciplinary Committee had been mandated to give them another opportunity to defend themselves against the charges levelled against them. During the appearance, the charges against them will be read out to them and the Committee will re-iterate the fact that it is an Administrative Panel and not a judicial panel, constituted to give them fair hearing. Letters of suspension may be issued to erring staff, pending their appearance before the Senior Staff Disciplinary Committee. The Vice Chancellor shall ensure that proper and fair opportunity is given to the staff member to respond to the case instituted against him. The recommendation of the Senior Staff Disciplinary Committee will be subject to confirmation by the Governing Council. For a Junior Staff member, the Registrar will refer the case to the Junior Staff Disciplinary Committee for appropriate disciplinary action in accordance with the Junior Staff Regulations. During the proceedings, members of the Committee will ask pertinent questions in order to obtain clarifications on issues raised in their written or oral testimony.

At the end of the hearing, members of the Committee will assess the defences of the staff on each of the charges levelled against them, the testimony of the witness(es) and other available evidence before a verdict is finally reached. In all cases, due process must be observed. The ultimate penalty for gross misconduct is dismissal. The dismissal shall be effective from the date on which he is notified thereof. The decision of Council on such a petition/appeal shall be final.

The Vice Chancellor shall ensure that proper and fair opportunity is given to the staff member to respond to the case instituted against him. Where the Vice Chancellor considers that a proper case of misconduct or gross misconduct has been made against the staff member, he shall, on the strength of the case, refer the matter to the Senior Staff Disciplinary Committee for appropriate disciplinary measure in accordance with the University Statutes. The recommendation of the Senior Staff Disciplinary Committee will be subject to confirmation by the Governing Council. For a Junior Staff member, the Registrar will refer the case to the Junior Staff Disciplinary Committee for appropriate disciplinary action in accordance with the Junior Staff Regulations. In all cases, due process must be observed. The ultimate penalty for gross misconduct is dismissal. The dismissal shall be effective from the date on which he is notified thereof.

Any employee dissatisfied with the disciplinary action taken against him/her under these regulations, shall have a right of petition/appeal to the University Council, through the Registrar. The right of petition/appeal does not carry with it, a right of personal appearance before the Council. The decision of Council on such a petition/appeal shall be final. 6.0. TYPES OF DISCIPLINARY MEASURES Section 5(e) of the Regulations provides punishments or disciplinary measures for any act of indiscipline or misconduct committed by any employee of the University. The degree of the punishment will depend on the seriousness of the alleged misconduct. (i) Drawing attention to shortcomings It shall be the duty of every Head of Department/Unit as soon as he/she observes any fault or shortcoming in the work of a subordinate, to bring it to his/her notice and to record that such has been done, with a view to improving the officer’s usefulness and efficiency.

Issuance of Formal written warning (ii) Issuance of Query The Officer shall be notified in writing, on the ground on which it is proposed to discipline him/her. The query should be precise and to the point and must relate to the circumstance of the offence, the rule and regulation the officer has broken and the likely penalty. It must be specified, the period within which to respond, usually forty eight hours. Issuance of Formal written warning An Officer may be issued a query, if in the opinion of his Head of Department/Unit, his deposition is unsatisfactory. Where an Officer was issued three queries and is unable to exculpate himself, he shall be issued a warning by the Registrar. Where a prima facie case of gross misconduct has been established, the staff shall be issued a warning on the directive of the Vice Chancellor.

(iv) Interdiction When a serious case that may lead to dismissal has been instituted against an officer, such an officer may be interdicted and shall be placed on not more than one-half of his total emolument until the determination of his case. The interdiction period shall not exceed six months. A staff member interdicted shall cease to report for duties and shall not leave his station without the approval of the Vice Chancellor and the Committee investigating the case.

(v) Suspension When a prima facie case has been established against a staff involving gross-misconduct, such an officer may be suspended from the powers and function of his duties and payment of his emoluments until the final determination of his case. (vi) Deferment of increment An annual increment may be deferred for not less than three months and not more than six months. A deferred increment may not be subsequently granted except with the approval of the Vice Chancellor. (vii) Withholding of increment An employee’s increment for a particular year may be withheld. A stopped increment shall not be granted retrospectively. (viii) Reduction in rank An employee found guilty of misconduct under these Regulations may be reduced in rank. The effective date of reduction in rank shall be as approved by the Council.

(ix) Termination The University may for good cause, terminate the appointment of an employee in accordance with the provision of Section 4(h) of the Regulations. What is “good cause” is a question of fact to be decided by the Council. (x) Dismissal An employee found guilty of gross misconduct shall be dismissed by Council in accordance with the University Statutes. (xi) Surcharge for loss or damage to University property If at any time the University sustains a loss by reason of neglect or fault of any employee, he shall be liable to make good the loss or damage up to the maximum cost as may be assessed by a competent authority appointed by the Vice Chancellor. Any sum due to such employee by the University may be withheld to pay for such a loss or damage. Decision to hold an employee liable under this section shall be taken by the Head of Department who shall notify the Vice Chancellor.

(xii) Any other sanction as may be prescribed by the Senior Staff Disciplinary Committee and approved by the Governing Council. 7.0. CONCLUSION AND RECOMMENDATIONS In conclusion, unacceptable behaviors in the University are misconducts that cannot be tolerated. As earlier noted to correct these behavioral deficiencies, the University management applies disciplinary actions. However, in so doing, Management must take into consideration certain factors when taking disciplinary action against an employee especially when the intended punishment may lead to either termination or dismissal. These factors include the seriousness of the offence in terms of violation of the rules or regulations, provocation, the employee’s length of service and his previous work record. Secondly, if the employee is a “first offender”, the University may decide to give him/her another chance by issuing him a warning. In other words, termination or dismissal, which is considered as a capital punishment, should not be applied unless the employee is known to have committed the offence more than once.

Thirdly, another factor to be considered is whether the employee admitted committing the alleged offence and apologized for his/her misconduct. If the employee has done that, his/her punishment should be mitigated because a plea of leniency has always been accepted by the courts to mitigate sentences. Fourthly, past contributions of the employee to the progress of the University should be taken into account in mitigating the punishment against the employee. If the employee has contributed positively to the University and has apologized and showed enough remorse for his misconduct, his punishment should be mitigated. Finally, once a disciplinary proceeding has been instituted against an employee, efforts should be made to ensure that it is concluded within the shortest possible time because as the saying goes: “Justice delayed is justice denied.” Furthermore, it must be reemphasized at this stage that every employee of the University has a responsibility to report any act of wrongdoing committed in the University. Failure to report the commission of such an act of misconduct by a Head of Department or Unit should render him/her liable to face disciplinary action along with the staff.

I understand that the current Regulations Governing the Conditions of Appointment of Senior Staff of the University has been reviewed and the report submitted to the University Management. It is recommended that the process of getting Council to approve the new regulations should be fast-tracked. Similarly, I cannot remember the last time the Regulations Governing the conditions of Appointments of Junior Staff was reviewed. May be in the 80s! It is, therefore, recommended that, as a matter of urgency, a committee should be set up to review it. Thank you for your patience.