EXCLUSIVE: Ministry Withdraws KadPoly Rector’s Appointment Letter

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BY SEGUN ADEBAYO, ABUJA – The last is yet to be heard on the intrigues surrounding the appointment of a substantive Rector for the Kaduna Polytechnic, following an order last week by the Federal Ministry of Education on the newly appointed rector, Dr Suleiman Umar, to return the appointment letter.

The order for the withdrawal of the appointment letter came on the heels of the discovery that contrary to claims by the Governing Council and Management that all legal fireworks over the matter have been disposed of, the processes leading to the appointment of a new rector are currently being challenged at the National Industrial Court of Nigeria (NICN) and an Abuja High Court.

‘Prove No-Court Case Or Vacate Position’

Sources privy to the matter told our correspondent that those plotting the appointment of Dr. Umar for the substantive position had pulled a fast one on the Minister of Education, Mallam Adamu Adamu when they convinced him that all legal fireworks over the matter have been concluded and disposed of.

“The letter of appointment given to Umar to assume the substantive position of Rector of Kaduna Polytechnic has been withdrawn. Contrary to what the Minister was misled into believing that there was no legal case relating to the matter, the Ministry has discovered that there are two court cases presently before the National Industrial Court of Nigeria (NICN) and Abuja High Court.

“The ministry cannot afford to do something and risk contempt charge. Rightly, the Governing Council of the school that misled the Minister has been given two weeks to show proof that there is no legal matter that could constitute a roadblock in the appointment of a new rector. In the event the Council is unable to prove there are no legal cases before the court on the matter; Dr Umar is to vacate his position of overseeing the Polytechnic’s affairs and hand over the management of the school to the appropriate officer next to him,” said a source at the Ministry of Education.

‘Why Permanent Secretary Insisted On Due Process’    

A source last week confided in our correspondent that upon the return of the Permanent Secretary of the Ministry, Mr David Adejo Andrew, from an official foreign trip, his attention was immediately drawn to the legal cases on the crisis rocking the Kaduna Polytechnic since 2021 over the illegal extension of Dr Umar as Ag. Rector and the controversies that trailed the recruitment exercise for the appointment of a substantive rector led to the court cases that are still raging.

Minister of Education, Mallam Adamu Adamu (r) presenting the letter of appointment to KadPoly Rector, Dr Umar (l) with the Chairman of KadPoly Governing Council, Sen Mohammed Mohammed watching

“After studying the matter thoroughly, the Permanent Secretary then approached the Minister and advised against allowing the appointment of Umar as a substantive rector without the disposition of the two court cases. Since these two cases were still contentious and yet to be resolved, Mr. Andrew called for the withdrawal of Dr Umar’s appointment letter until the Governing Council can prove within two weeks that all legal cases relating to the recruitment of a new rector for Kaduna Polytechnic have been completely disposed of. In the circumstances, there still exists a court case on the matter, then, Dr Umar should be ordered to vacate his position and hand over the management of the school to the most senior officer next to him in order to commence the process that could lead to the appointment of a new substantive rector.

“Since there were cases in courts over the appointment of a substantive rector for Kaduna Polytechnic, it would have amounted to clear contempt of court if the letter of appointment was allowed to hold sway. To ensure no rule was broken, the letter had to be quickly withdrawn in order to allow for the disposal of all the court matters over the issues,” the source added.

A top official of the Ministry confided in our correspondent that the newly appointed permanent secretary, who is a sticker to rules, after going through documents of what was happening in Kaduna Polytechnic was gravely disturbed and was alarmed that the non-retrieval of the letter could attract contempt charges for the Ministry.

“When he met the Minister and made it plain that the Ministry may face contempt charges if the appointment was not reviewed, Mallam Adamu wasted no time in ordering that Dr Umar return the said appointment and show proof that there was no legal matter over the appointment of a substantive rector that has rocked the Polytechnic since the beginning of this year,” the source noted.

‘Dr Umar’s Ploy To Hold On’

Less than 48 hours after the expiration of his illegal six-month tenure obtained from the Kaduna Polytechnic Governing Council on November 17, 2021, which ended on May 18, 2022, Dr Umar, then Acting Rector, appointed Dr. A. O. Lawal as the new Director of Academic Planning with the sole intention of ensuring the Council approves his appointment as Dr Umar’s replacement.

The appointment of Dr Lawal as the new Director of the Academic Planning Department had thrown shock waves across the various campuses of the polytechnic as it was seen as a deliberate ploy by Dr. Umar to ensure his Man Friday is appointed as his successor.

A staff member of the institution had told this news medium that: “Dr Umar, in a desperate move today, Monday, May 16, 2022, appointed Dr. O. A. Lawal as the Director of Academic Planning in order to perpetuate his hold on the Polytechnic through pushing for the appointment of a proxy. The Director of Academic Planning, Ibrahim Bello Bashir, was asked to hand over to Dr Lawal on Tuesday, May 17, 2022, to pave the way for recommending him as Dr. Umar’s replacement.

Permanent Secretary, Federal Ministry of Education, Adejo Andrew

“The very reason why the outgoing Rector is not comfortable with Bashir is that the former Director of Academic Planning has refused to join in the destruction of the Polytechnic as exemplified in the leadership of Dr Umar that is fraught with sleazes of monumental proportion are currently being investigated by an anti-graft agency.

“Dr Umar is also not comfortable with Dr Rosemary Kato, who is the most senior Deputy Rector in the polytechnic. Going by the rules, and without equivocation, the person qualified to take over from Dr Umar is Dr Kato. However, both Dr Umar and the Registrar, Dr Muhammad Sani Musa, are united in ensuring that their crony is appointed as Umar’s replacement”.

Since Dr Lawal was due to take over from Bashir on Tuesday, May 17, 2022, a letter was prepared for onward transmission to the Kaduna Polytechnic Governing Council recommending to members to approve the appointment of Dr Lawal as Umar’s replacement.

According to another source, the planned imposition of Dr. Lawal as the next Acting Rector had caused anxiety and tension among staffers as many asked: How do you appoint someone as a Director on Monday and by Wednesday, you want him to emerge as the Acting Rector of the institution? How do you justify appointing him the Acting Rector after appointing him director less than 48 hours ago? That is purely administrative brigandage”.

In complete disregard to the rules of the game, the Governing Council had on May 18, 2022 gone ahead to grant another extension to Dr Umar under the subtle title of ‘supervisor.’ That irked many staffers of the school who insisted that the appointment was not only a misnomer but also contrary to the Polytechnic Act.

‘Fear Of Contempt Of Court Charge’  

However, on July 27, 2022, in a strange move, the Education Minister announced that President Muhammadu Buhari had approved the appointment of Dr Umar as Kaduna Polytechnic Rector with effect from June 27, 2022; an act that was seen as total disregard for the laws governing the appointments of rectors of federal polytechnics. News of the appointment was reported in several news mediums, with the picture of the Minister handing over the letter to Dr Umar in the presence of the Chairman of Kaduna Polytechnic Governing Council, Sen Mohammed. On the return of Dr Umar to Kaduna, according to a source, his supporters swung into a victory dance as they declared that Dr Umar had finally triumphed over his enemies.

The song of victory in Dr Umar’s camp would later be cut short, following the order of the newly appointed rector to return the letter to the Ministry. The Governing Council of the school was further directed to show proof within two weeks that there was no legal case regarding the appointment of Kaduna Polytechnic Rector.

NBTE Executive Secretary, Prof. Idris M. Bugaje

Following the uproar that had greeted the recruitment exercise for the appointment of a new rector for the Kaduna Polytechnic in March  2022, the Federal Ministry of Education (FME) had demanded the Governing Council furnish it with all details relating to the interview process for the recruitment of a new rector for the polytechnic.

In a letter addressed to the Chairman, Kaduna Polytechnic Governing Council, entitled, ‘Petition on the recently concluded interview for the post of rector for Kaduna Polytechnic: An appeal for assistance and redress to redress the imbalance’, and signed by the Director of Polytechnic Education and Allied Institutions, Mr. Adeleye Adeoye, the letter reads: “I am directed to forward to you the attached letter dated 31st January 2022 from Professor Mohammed Sani Yahaya on the above subject for your comments to enable the Ministry to take further necessary action.

“While awaiting your prompt response, please accept the assurances of the Hon. Minister’s high regards.”

The query on the Kaduna Polytechnic Governing Council by the FME came on the heels of legal fireworks at the National Industrial Court of Nigeria (NICN) by a lecturer with the Kaduna State University, Prof Mohammed Sani Yahaya, over his non-inclusion in the interview conducted by the polytechnic for the appointment of a new rector.

Since the completion of the recruitment interview in March 2022, there have been discordant tunes over the process leading to the selection of candidates for the interview. Apart from allegations that the Governing Council was obstinate in appointing the Ag. Rector as substantive rector, the school Governing Council, against the grain of reason and violation of the Polytechnic Amendment (2019) Act renewed the appointment of Dr. Umar as Ag Rector for another 6-month tenure, an act described as illegal by the regulatory agency of technical education in Nigeria, the National Board for Technical Education (NBTE).

According to insiders, even before the conduct of the interview, the Governing Council was accused of pursuing a grand plan to exclude candidates that may pose threat to the emergence of Dr Umar for the position of the substantive rector.

“In order to ensure that Dr Umar was appointed as the substantive rector, those with astounding credentials were excluded. Prof Yahaya happens to be one of those expected to give Umar a good run for his money. It was clear that the interview was held to ensure only Dr Umar emerged top for the position of substantive rector. Some members of the Governing Council were financially induced, but a lone or two voices kicked against the planned plot to impose Umar as rector.

“Worried by the behind-the-table dealings perpetrated by the polytechnic’s Governing Council to secure the appointment for the Ag. Rector, the NBTE had written a letter to the FME, drawing attention to how the process for the appointment of a new rector was being manipulated to favour Dr Umar”, another source disclosed.

‘Legal Fireworks Still Rage’

 In a move to ensure justice was done over his unjust exclusion from attending the interview exercise for the appointment of a new substantive rector for the Kaduna Polytechnic, an academic with the Kaduna State University, Kafanchan Campus, Professor Mohammed Yahaya, approached the NICN to wade into the matter.

In a notice of motion filed on Monday 14, March 2022 and listed for hearing on March 21, 2022, the don had taken the Kaduna Polytechnic Governing Council, Registrar, including six others as defendants in a case poised at ensuring his exclusion from list of those interviewed for the position of rector of the polytechnic is redressed.

According to the notice suit number: NICN /KD/09/2022  and signed for the Chief Registrar of the Court: “Take notice that the above Mohammed case will now be listed for motion before the National Industrial Court of Nigeria sitting at No.21/23 Swimming Pool Road, Kabala-Doki Kaduna on Monday March 21stDay of March, 2022 at 09:00AM.

“And further take notice that this notice shall be sufficiently served on you  if it is left at the your address for service or sent by registered post to that address and in any case where the date of service by post is material Section 25 of the interpretation Act 1964 shall apply.”

The Professor of Agriculture, who is now on secondment to KASU, from the Kaduna Polytechnic, wrote letters to the Minister of Education, Governor El-Rufai, Emir of Zazzau, Executive Secretary of NBTE, Chairman House Committee on Tertiary Education and the Senate, among others, to prevail on KadPoly Governing Council to rescind its decision in the interest of fairness, justice and the rule of law.

‘Prof Yahaya’s Cry For Justice’

“I have been illegally excluded from the interview for the post of Rector of Kaduna Poly in a gross violation of my inalienable right and out of four other candidates that rose to the rank of Chief Lecturers from the same institution,” he declared.

Prof Mohammed S. Yahaya

In the wake of what the don described as a deliberate ploy by the Kaduna Polytechnic Governing Council to frustrate him out of the bid for the position of the rectorship, he alleged that he was justifiably excluded from attending the interview for the appointment of a new substantive rector for the polytechnic.

Professor Yahaya accused the institution’s Governing Body of defying the Polytechnic Act by disqualifying a candidate who applied for the post of the Rector of Kaduna Poly on the ground that he was a Professor teaching at a university.

In a flimsy response to his charges before the NICN, the Kaduna Polytechnic had claimed that Prof Yahaya did not meet the five-year experience as Chief Lecturer and was therefore excluded from attending the interview. Documents sighted by this news medium disproved the claim that Prof Yahaya did not possess five-year experience as Chief Lecturer.  Records of service clearly show that Yahaya served as Chief Lecturer for over six years.

Apart from the court case instituted by the University don before the NICN slated for resumed hearing in September, there is another legal case by a group of lawyers challenging the appointment of Dr Umar as Acting Rector.

Besides requesting the Court to determine the legality behind the appointment of Dr Umar as Ag. Rector; the plaintiffs requested the court to ensure that Dr Umar is made to refund all salaries received as Acting Rector if found to be illegally appointed and be removed from his present position as Ag. Rector.

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