Lecturer Institutes Pre-Action Notice Against Acting Provost, Others
By Francis Sadhere
A Chief Lecturer in the Department of Political Science, College of Education, Warri, Mr. Odhe Samuel Umaukpero has instituted a pre-action notice at the High Court of Justice, Warri Delta State, seeking the immediate inauguration of a Governing Council for the College and appoint a substantive Provost for the College.
Counsel to the Chief Lecturer, Benefit E. Orugbo, Esq, in pre-election notice on behalf of his client, averred that Mr. Umaukpero has been victimised severally by Dr. Ebisine Sele Sylvester, the Acting provost of the College, owing to his humble view that the appointment of an Acting provost in a great institution like the College of Education, Warri, ought not be in perpetuity, as same is regulated by laws and guidelines of the regulatory bodies of the College.
He further said in the pre-action notice that Dr. Sele Sylvester Ebisine, the present Acting Provost of the College was appointed as a Acting Provost of the College of the three (3) months on October 22, 2009 at the first instance which expired January 21, 2010, saying the appointment was made when he had not obtained a Doctorate title.
He further averred that from October 22, 2009 till date, Dr. Sele Sylvester Ebisine will be on Acting capacity as the Provost of the College, adding that by the directive of the National Commission for Colleges of Education (NCCE) as applicable to Delta State, the position of a Provost or a Vice Chancellor is currently a five (5) year single tenure not renewable as applicable to Delta State College of Education and Polytechnics.
He also held that there is no Governing Council in charge of the College of Education, Warri for over five years running, which has made it possible for the Acting Provost to run the College at his whims and caprices “and now Chief Lecturers live have been seriously threatened, and on some occasions walked out of Academic Board meeting unchecked.”
He further stated in the pre-action notice that all the higher institutions of learning in Delta State have implemented the five (5) years single tenure directive of NUC, NCCE and NBPM for the office of a Provost and vice Chancellor, except the College of Education, Warri for over five years running without a substantive Provost and without a Governing Council.
“In the circumstances, therefore, we hereby on behalf of our client give you thirty (30) days notice of our client’s intention to institute legal action in any appropriate court of law – High Court of Justice, Warri, against you, your agents and claim the relief as hereunder stated.
The claimant is seeking a declaration that the enabling law establishing the College of Education Warri, does not give the Governor of Delta State or any other appropriate authority in tha state the powr to appoint Dr. Sele Sylvester Ebisine to function as acting Provost of the College in perpetuity from 2009 till date and even beyond.
The claimant is also seeking an order of court directing the immediate constitution and inauguration of a Governing Council for the College and appoint a substantive Provost for the college in comploieance with the directive of NCCE, NUC and NBPM for five (5) year tenure not renewable for the office of the Provost.
He is further seeking an order of court directing the immediate removal of Dr. Sele Sylvester Ebisine as the Acting Provost of the College and disqualifying him from being appointed as the substantive Provost of the College having served in Acting capacity for a period of six years running.
The counsel is seeking an order of perpetual injunction restraining the acting Provost from harassing, intimidating or threatening the life of the claimant in respect of the suit or over the claimant work with the College.
