(2022)
SECTION 1
(1) There is established the Nigerian College of Aviation Technology, Zaria, Kaduna State (in this Act referred to as “the College”).
(2) The College –
(a) shall be a body corporate with perpetual succession and a common seal;
(b) may sue or be sued in its corporate name; and
(c) may own, hold or dispose of property whether movable or immovable.
Establishment of the Nigerian College of Aviation Technology, Zaria
SECTION 2
(1) The College shall –
(a) provide full-time and part-time courses of instruction and training – (i) in civil aviation, standard or specially designed for use in flight training or in airport operation and management, (ii) in the installation, maintenance and operation, as the case may be, of technical equipment the use of which is calculated or likely to increase the margin of operational safety of civil aircraft services, (iii) in aircraft manufacturing and distribution, (iv) in other fields of humanities, science and applied learning relevant to the needs of the development of aviation in Nigeria, and (v) for research in the development and adaptation of techniques as the Council may determine;
(b) arrange conferences, seminars and study groups relative to the fields of learning referred to in paragraph (a) of this subsection;
(c) acquire necessary equipment and facilities relative to the fields of learning referred to in paragraph (a) of this subsection for the issuance of professional certificates, diplomas, and other certificates to persons who have pursued course of study approved by the Council and have satisfied such other requirements as prescribed by the Council;
(d) establish such campuses, faculties, institutes, schools, units, departments and other teaching and research units as may be necessary subject to the approval of the Nigerian Civil Aviation Authority, National Board for Technical Education, or any approved accreditation body, within and outside Nigeria;
(e) institute instructorships, lectureships positions, and other teaching and non- teaching posts and make appointments to them;
(f) demand and receive from any student or any other person attending the College for the purpose of instruction, such fees as the College may determine subject to the overall directives of the Council;
(g) cooperate and collaborate with any other institution of higher learning; and
(h) perform such other functions as in the opinion of the Council may serve to promote the objectives of the College.
(2) Courses provided for the purposes of subsection (1) shall include the organisation of incidental study groups and the delivery of necessary series of lectures, and if approved, fees may be calculated and charged at a rate approved by the Council.
(3) The College may hold or acquire property, movable and immovable, but shall not mortgage, charge or dispose of any property held by it without obtaining the consent in writing of the Minister or approving authority as specified in the Financial Regulations of the Federal Government.
(4) The College may enter into such contracts as may be necessary or expedient for carrying into effect the provisions of this Act.
Functions of the College
SECTION 3
(1) There is established for the College a Governing Council (in this Act referred to as “the Council”).
(2) The Council shall consist of –
(a) a part-time Chairman;
(b) one representative of the Ministry responsible for Aviation not below the rank of a director;
(c) one representative of the Nigerian Civil Aviation Authority not below the rank of a director;
(d) Nigeria’s permanent representative to International Civil Aviation Organisation (ICAO) Council;
(e) one industry representative from the aviation sector;
(f) the Rector of the College;
(g) the Deputy Rectors;
(h) one representative of the National Board for Technical Education;
(i) one representatives of the Academic Board of the College and one representative of the College elected from the Congregation who shall be a non-teaching staff of a rank equivalent to a principal instructor or lecturer;
(j) one person of good standing in the community where the College is situate, who shall be a woman and one alumni member elected by the Alumni Association of the College; and
(k) the Registrar who shall be secretary to the Council.
(3) The governing structure of the College shall consist of the –
(a) Governing Council;
(b) Academic Board;
(c) College Management Board or Committee;
(d) School Board; and
(e) Departmental Board.
(4) The composition of the Governing Council shall reflect equity and fairness as enshrined in section 14 (3) of the Constitution of the Federal Republic of Nigeria, 1999. [Cap C23 LFN 2004]
(5) The composition and functions of the Governing Council, the Academic Board, the College Management Board, the School Board and the Departmental Board are as set out in this Act or the Schedule to this Act. [Schedule]
Establishment and composition of the Governing Council of the College
SECTION 4
(1) The Chairman of the Council shall be a renowned professional aviator.
(2) The Chairman and members of the Council other than ex-officio members shall be appointed by the President.
Qualification of members of Council
SECTION 5
(1) A member of the Council other than an ex-officio member shall hold office for a term of three years commencing from the date on which he was appointed and shall be eligible for re-appointment for a further term of three years and no more.
(2) Where a vacancy occurs in the membership of the Council, that vacancy shall be filled by the appointment of a successor to hold office for the remainder of the term of his predecessor and the successor shall represent the same interest as his predecessor.
(3) Any member of the Council who ceases to be a member shall, if he is also a member of a committee, cease to hold office on the committee.
(4) A member appointed by the President in accordance with section 4(2) of this Act may resign his appointment by, notice in writing under his hand addressed to the President through the Minister and in the case of ex-officio member, when he ceases to hold office on the basis of which he became a member of the Board.
(5) The Council may act notwithstanding any vacancy in its membership or the absence of any member or that a person not entitled to do so took part in its proceedings.
Tenure and removal of members of Council
SECTION 6
(1) A member of Council other than an ex-officio member, shall be paid remuneration or allowances in accordance with rates specified in extant Federal Government Circulars.
(2) Members of the Council shall be paid travelling and other allowances in accordance with extant rules.
Allowances of members of Council
SECTION 7
(1) The Council shall have power to formulate policies and guidelines which in the opinion of the Council are necessary to ensure the efficient performance of the functions of the College.
(2) The Council may delegate any of its powers or functions to any person or persons, authority or committee.
(3) Subject to this Act, the Council may approve the appointment of such other person as members of staff as it considers necessary.
(4) Subject to the provisions of this Act, the Council shall be the governing body of the College and shall have general powers over the College property and finances.
(5) The Council may acquire and hold or dispose of such movable and immovable property as may be expedient for carrying into effect the provisions of this Act.
(6) The Council may enter into contracts as may be expedient for carrying into effect the functions of the College.
Powers of the Council
SECTION 8
(1) There is established for the College the Academic Board which shall consist of –
(a) the Rector of the College, as the Chairman;
(b) the Deputy Rector of the College as the Vice Chairman;
(c) all Deans and Academic Directors;
(d) the College Librarian;
(e) all Chief Instructors or Lecturers;
(f) not more than two members of the academic staff who are not members of the Academic Board, not below the rank of principal instructor or lecturer elected from among its members, and such members shall serve for a non-renewable term of three years;
(g) all Heads of Academic Departments and Units;
(h) the Registrar who shall be the secretary to the Board; and
(i) the Academic Secretary who shall be the assistant secretary.
(2) The Registrar and Academic Secretary shall attend all meetings of the Board unless excused for good reasons by the Chairman of the Board.
(3) The Academic Board shall be responsible for –
(a) the direction and management of academic matters of the College including the regulation of admission of students, the award of certificates, diplomas, degrees, scholarships, prizes and any other academic distinction;
(b) making periodic reports to the Council on such academic matters as the Academic Board may deem fit or as the Council may direct; and
(c) the discharge of any other functions which the Council may delegate to it.
Establishment of the academic board
SECTION 9
(1) There shall be, for the College, a Selection Board which shall be responsible for the appointment of principal officers of the College other than the Rector and Deputy Rectors and shall consist of –
(a) the Chairman of the Council;
(b) the Rector;
(c) four members of the Council not being members of the Academic Board; and
(d) two members of the Academic Board not being members of the Council and not below the rank of chief instructor or lecturer elected from among its members; and
(e) three members elected by the Congregation of the College, one of whom should not be below the rank of principal instructor or lecturer, and two of whom shall be non-teaching staff not below a rank equivalent to principal instructor or lecturer.
(2) The functions, procedure and other matters relating to the Selection Board constituted under subsection (1) shall be as the Council may determine.
Selection Board for other principal officers
SECTION 10
(1) There shall be for the College, a Joint Council, Academic Board and Congregation Selection Board consisting of –
(a) the Chairman of the Council;
(b) two members of the Council not being members of the Academic Board;
(c) two members of the Academic Board not below the rank of chief instructor or lecturer, who were not members of the Search Team elected from among its members; and
(d) two members, one of whom shall be a non-teaching staff elected from the Congregation both of whom shall not be below the rank of chief instructor or lecturer or equivalent who are not members of the Search Team.
(2) The Joint Council, Academic Board and Congregation Selection Board established under subsection (1) shall be responsible for recommending candidate for appointment as Rector.
Joint Council, academic board and congregation selection board
SECTION 11
The Quorum for meetings of all bodies, boards and committees established under this Act shall be two-third of the membership of such bodies, boards and committees.
Quorum and procedure of bodies established under this Act
SECTION 12
(1) The President of the Federal Republic of Nigerian shall be the Visitor to the College.
(2) The Visitor shall, not less than once in every five years, after the end of the tenure of a Rector, appoint a Visitation Panel, consisting of not less than five experts to conduct the visitation for –
(a) the purpose of evaluating the academic and administrative performance of the College; or
(b) such other purpose or in respect of any other affairs of the College as the Visitor may deem fit.
Visitation
SECTION 13
(1) There shall be a Rector for the College (in this Act referred to as “the Rector”) who shall be appointed by the President in accordance with the provisions of this section.
(2) Where a vacancy occurs in the post of the Rector, the Council shall –
(a) advertise the vacancy, not less than six months to the expiration of the term of the sitting Rector, in a reputable journal and two widely read newspapers in Nigeria, specifying in addition to any other qualification, that the person shall, as minimum qualification, either – i) be a pilot of the standing of a captain with a total of 10 years cognate experience as a captain with at least five years’ experience as a chief flying instructor or training captain, or (ii) be a chief instructor or lecturer with a professional aviation licence or equivalent rank in a tertiary institution and possess a minimum of masters degree from a recognised university with at least five years’ experience as chief instructor or equivalent rank in a tertiary institution: Provided that in each case, the candidate’s qualification shall be relevant to any of the schools in the College.
(b) specify the terms and conditions of service applicable to the post;
(c) draw up a short list of suitable candidates for consideration; and
(d) constitute a search team consisting of – (i) a member of the Council, not being a member of the Academic Board, as Chairman, (ii) two members of the Academic Board, not below the rank of chief lecturer or chief instructor, and (iii) two members of the Academic staff of the College not below the rank of chief lecturer or chief instructor to be elected from among its members, to identify and draw up a short list of persons who are not likely to apply on their own volition because they feel that it is not proper to do so.
(3) The Joint Council, Academic Board and Congregation Selection Board established under section 10 (1) of this Act shall consider the candidates on the short list drawn up under subsection (2) through an examination of their curriculum vitae and interaction with them and recommend, through the Minister, to the President, three candidates for his consideration.
(4) The President shall appoint, as Rector, one of the candidates recommended to him under the provisions of subsection (3).
(5) The Rector shall be –
(a) the chief executive officer of the College; and
(b) subject to this Act and the general control of the Council charged with the responsibility for matters relating to the management of the College.
(6) The Rector shall –
(a) hold office for a single term of five years only beginning from the date of his appointment and on such terms and conditions as may be specified in his letter of appointment;
(b) where he was appointed to serve for a term of four years before the commencement of this Act, shall upon the commencement of this Act have his tenure extended for one year to complete the single term of five years in line with paragraph (a);
(c) where he is already serving a second term of four years, shall at the commencement of this Act, be deemed to be serving his final term of office on completion of his second tenure of four years;
(d) have power to exercise general authority over staff and be responsible for discipline in the College in line with the provisions of this Act; and
(e) have his appointment determined by the terms and conditions in his letter of appointment and his remuneration determined by the extant laws and in line with the conditions obtainable in other similar tertiary institutions.
(7) The Rector may for reason of gross misconduct be suspended from office by the Minister on the recommendation of the Council, or he may be removed from office by the President on the recommendation of the Council, or if he –
(a) has demonstrated inability to effectively perform the duties of his office;
(b) has been absent from five consecutive meetings of the Council without the consent of the Chairman unless he shows good reason for such absence;
(c) is guilty of serious misconduct; or
(d) is disqualified or suspended from practicing his profession in any part of the world by an order of a competent authority, in the case of a person possessed of professional qualifications.
(8) The Rector shall not be removed from office except in accordance with the provisions of this Act.
Appointment of the Rector
SECTION 14
(1) There shall be for the College such number of Deputy Rectors as the Council may deem necessary for the proper administrations of the College, and wherever Deputy Rector appears in this Act, it shall be construed to refer to such number of Deputy Rectors.
(2) Where a vacancy occurs in the post of Deputy Rector, the Rector shall forward to the Academic Board a list of two candidates for each of the post of Deputy Rector that is vacant.
(3) The Academic Board shall elect for each vacant post, one candidate from each list forwarded by the Rector and forward same to the Council for confirmation.
(4) Where the –
(a) Academic Board rejects the two candidates for any vacant post of Deputy Rector, the Rector shall submit another list of two different candidates;
(b) Council rejects the name sent by the Academic Board from the list sent by the Rector, the Board shall forward the name of the other candidate on the list for the particular vacant post of Deputy Rector; and
(c) Council rejects all the two candidates on any list nominated either by the Rector or the Academic Board, the nomination process shall start afresh.
(5) The Deputy Rector shall hold office for a single term of four years from date of his appointment and on such terms and conditions as Council may specify in his letter of appointment.
(6) A person appointed as the Deputy Rector shall –
(a) be a chief instructor or lecturer;
(b) be a past or present head of a school; and
(c) meet the qualification specified in the conditions and scheme of service of the College and the quality systems manual approved by the Nigerian Civil Aviation Authority.
(7) The Deputy Rector shall assist the Rector in the performance of his duties and perform such other functions as the Rector may assign to him.
Deputy Rector
SECTION 15
(1) There shall be for the College a Registrar who shall be appointed by the Council.
(2) The Registrar, as minimum qualification, shall in addition to any other qualification that the Council may stipulate –
(a) possess a first degree in arts or humanities with at least second class lower division and at least 18 years cognate experience in administration in a tertiary institution and risen up to the rank of deputy registrar; or
(b) possess a masters’ degree in arts or humanities with 15 years cognate experience in administration in a tertiary institution and risen up to the rank of deputy registrar, possession of a PhD in arts and or humanities will be added advantage; and
(c) be a member of a professional body recognised by law relevant to the duties of a Registrar.
(3) The Registrar shall –
(a) be responsible to the Rector for the day-to-day administration of the College;
(b) be the Secretary to the Council, the Academic Board and any Committee of the Council and shall attend all the meetings of those bodies unless excused for good reason by the Chairman of the Council; and
(c) perform any other duty as the Council, or as the case may be, the Rector may require him to do.
(4) In the absence of the Registrar, the Chairman of the Council may, after consultation with the Rector, appoint a suitable person to act as secretary for any particular meeting of the Council.
(5) The Secretary to the Council or a person appointed to act under subsection (4), shall not vote on any matter before the Council or count towards a quorum unless he is so entitled as a member of the Council.
(6) A Registrar shall hold office –
(a) for a single term of five years only beginning from the date of appointment and on such terms and conditions as may be determined by his letter of appointment and other extant laws;
(b) where, on the commencement of this Act, he has held office for four years or less from the date of his first appointment, his tenure shall be extended to reach the fifth year and he shall be deemed to be serving his final term; or
(c) where, on the commencement of this Act, he is serving a second term of four years or has held office for a cumulative record of more than five years he shall leave office after eight years from the date of his first appointment as Registrar.
Registrar of the College
SECTION 16
(1) There shall be for the College, other principal officers –
(a) Bursar; and
(b) College Librarian, who shall be appointed by the Council on the recommendation of the Selection Board constituted under section 9 (1) of this Act.
(2) The Bursar shall be –
(a) a qualified professional accountant possessing an accounting qualification and membership of a professional accounting body recognised by law in Nigeria with a minimum of 15 years cognate experience;
(b) the chief financial officer of the College; and
(c) responsible to the Rector for the administration and control of the financial affairs of the College.
(3) The College Librarian shall be responsible to the Rector for the administration of the College library and the co-ordination of the library services in the teaching units of the College.
(4) The College Librarian shall be a qualified professional librarian who has attained the rank of chief lecturer or equivalent rank in a tertiary institution with a minimum of 15 years cognate experience.
(5) The Bursar or Librarian shall hold office –
(a) for a single term of five years only commencing from the date of his appointment; and
(b) on such terms and conditions as may be specified in his letter of appointment.
(6) Where on the commencement of this Act, a Bursar or Librarian has held office –
(a) for four years or less from the date of his first appointment his tenure shall be extended to reach the fifth year and he shall be deemed to be serving his final term; and
(b) where he is serving a second term of four years or has held office for a cumulative record of more than five years, he shall leave office after eight years from the date of his first appointment as either Bursar or College Librarian as the case may be whether in acting or substantive capacity.
(7) The principal officers of the College include the Rector, Deputy Rectors, Registrar, Bursar and the College Librarian.
(8) The composition of the principal officers of the College shall reflect equity and fairness as enshrined in Section 14 (3) of the Constitution of the Federal Republic of Nigeria, 1999. [Cap. C23, LFN, 2004]
Other principal officers of the College
SECTION 17
(1) A principal officer may resign his appointment –
(a) in the case of the Rector, by notice to the Visitor through the Governing Council; and
(b) in any other case, by notice to the Council.
(2) The Council shall immediately notify the Minister upon the resignation of a principal officer.
Resignation of appointment by principal officers
SECTION 18
(1) Where a member of the Council other than an ex-officio member or the Rector is to be removed from office on the ground of misconduct or inability to perform the functions of his office, the Council shall make a recommendation to that effect to the President through the Minister, and where the President, after making such inquiries he considers necessary, approves the recommendation, the Minister, shall, in writing, declare the office of such member vacant.
(2) The President may remove any member of the Council where he is satisfied that it is not in the public interest or in the interest of the College that such member should continue as a member of the Council.
(3) Where there is a vacancy in the office of the Rector, the Council shall appoint an acting Rector upon the recommendation of the Academic Board who shall not be in office for more than six months.
Removal from office of members of the Council and the Rector
SECTION 19
(1) The Council shall appoint either directly, by transfer of service, secondment or sabbatical leave appointment, such other staff as may be required for the purpose of the efficient performance of the functions conferred on the College under this Act.
(2) The composition of the Senior Management staff of the College appointed under subsection (1) shall reflect equity and fairness as enshrined in Section 14 (3) of the Constitution of the Federal Republic of Nigeria, 1999. [Cap. C23, LFN, 2004]
(3) A law or rule requiring a person to retire from public service after serving for 35 years or having attained the age of 60 years in service shall not apply to staff of the College.
(4) Notwithstanding anything to the contrary contained in the Pension Reform Act or any other enactment, the compulsory retirement age for permanent staff of the College shall be 65 years.
(5) The power to appoint all other employees of the College shall be exercised –
(a) in the case of senior employees, by the Council on the recommendation of the Senior Staff Appointments, Promotions and Disciplinary Committee set up under the provisions of paragraph 2 (3) (a) of the Schedule to this Act; or [Schedule]
(b) in the case of junior employees, by the Rector on the recommendation of the Junior Staff Appointments, Promotions and Disciplinary Committee constituted under paragraph 2 (3) (b) of the Schedule to this Act.
(6) Subject to the provisions of this Act, the remuneration and condition of service of employees of the College shall be as determined by the Council and in consultation with the National Salaries, Income and Wages Commission.
Other employees of the College
SECTION 20
(1) Where there is a reason to believe that a person employed as a member of the academic, administrative or technical staff of the College, other than the Rector, should be removed from office on the ground of misconduct or inability to perform the functions of his office, the Council shall –
(a) give notice of the reason to the person in question;
(b) afford him an opportunity of making representations in person on the matter to the Council; and
(c) where he or any three members of the Council so request within the period of one month commencing from the date of the notice, make arrangements – (i) if he is an academic staff, for a joint committee of the Council and the Academic Board described in the Schedule to this Act as Senior Staff Disciplinary Committee and the Junior Staff Disciplinary Committee in the case of Senior and Junior Staff respectively to investigate the matter and to report on it to the Council, or [Schedule] (ii) for a committee of the Council to investigate the matter where, it relates to any other member of the staff of the College and to report on it to the Council; and (iii) for the person in question to be afforded an opportunity of appearing before and being heard by the investigating committee with respect to the matter, and where the Council, after considering the report of the investigating committee, is satisfied that the person in question should be removed as aforesaid, the Council may so remove him by an instrument in writing signed on the directions of the Council.
(2) The Rector may, in a case of misconduct by a member of the staff which in the opinion of the Rector, based on an investigation report, is prejudicial to the interest of the College, suspend such member for not more than three months and the suspension shall be reported to the Council.
(3) For good cause, any member of staff may be suspended from office or his appointment may be terminated by the Council.
(4) For the purpose of subsection (3), ’’good cause” means –
(a) any physical or mental incapacity which the Council, after obtaining medical advice, considers to be such as to render the person concerned unfit for the discharge of the functions of his office;
(b) any physical or mental incapacity which the Council, alter obtaining medical advice, considers to be such as to render the person concerned unfit to continue to hold his office;
(c) conduct of a scandalous or disgraceful nature which the Council considers to be capable of rendering the person concerned unfit to continue to hold his office; or
(d) conduct which the Council considers to be such as to constitute failure or inability of the person concerned to discharge the functions of his office or to comply with the terms and conditions of his service.
(5) Any person suspended under subsection (2) or (3), shall be placed on half pay and the Council shall, before the expiration of the period of three months after the date of such suspension consider the case against that person and come to a decision as whether to –
(a) continue such person’s suspension and if so, on what terms including the proportion of his emoluments to be paid to him;
(b) reinstate such person, in which case the Council shall restore his full emoluments to him with effect from the date of suspension;
(c) terminate the appointment of the person in question, in which case such a person, will not be entitled to the proportion of his emoluments withheld during the period of suspension; or
(d) take lesser disciplinary action against the person including the restoration of such proportion of his emoluments that might have been withheld as the Council may determine, and in any case where the Council, under this section, decides to continue a person’s suspension or decides to take further disciplinary action against a person, the Council shall before the expiration of a period of three months from such decision come to a final determination in respect of the case concerning such person.
(6) The person by whom an instrument of removal is signed under subsection (1), shall use his best endeavours to cause a copy of the instrument to be served as soon as reasonably practicable on the person against whom it relates.
(7) Nothing in the provisions of this section shall prevent the Council from making such regulations for the appointment, condition and scheme of service, and discipline of other categories of staff and workers of the College as it may deem fit.
(8) Any person aggrieved by the decision may within a period of 15 days from the date of receipt of the letter communicating Council decision, address an appeal to Council to reconsider its decision based on cogent reasons and the Council shall consider the appeal and communicate its decision within 45 days of receipt of the appeal.
Removal and discipline of academic administrative and technical staff
SECTION 21
(1) Subject to the provisions of this section, where it appears to the Rector, following an investigation report, that any student of the College has been guilty of misconduct, the Rector may, without prejudice to any other disciplinary powers conferred on him by this Act or regulations made under this Act direct that the –
(a) student shall not during the period specified in the direction, participate in such activities of the College or make use of such facilities of the College, as he may specify;
(b) activities of the student shall, during the period specified in the directions, be restricted in such manner as may be so specified;
(c) student be suspended for the period specified in the directions; or
(d) student be expelled from the College.
(2) Where there is temporarily no Rector or where the Rector refuses to apply any disciplinary measures, the Council may either directly or through some other staff, apply such disciplinary actions specified in subsection (1) to any student of the College who is guilty of misconduct.
(3) Where a direction is given under subsection (1) (c) or (d) in respect of any student, the student may, within a period of 21 days from the date of receipt of the letter communicating the decision to him, appeal from the direction to the Council and where such an appeal is brought, the Council shall, within three months cause an inquiry to be made in the matter as the Council considers just, either confirm or set aside the direction or modify it in such manner as the Council may deem fit.
(4) The fact that an appeal from a direction is brought under subsection (3) shall not affect the operation of the direction while the appeal is pending.
(5) The Rector may delegate his power under this section to a disciplinary committee consisting of such members of the College as he may nominate.
(6) Nothing in this section shall be construed as preventing the restriction or termination of a student’s activities at the College otherwise than on the ground of misconduct.
(7) A direction under subsection (1) (a) may be combined with a direction under subsection (1) (b).
(8) The decision of the Council shall be final in all cases under this section.
Discipline of students
SECTION 22
(1) Where any junior staff is accused of misconduct, gross misconduct or inefficiency, the Rector may suspend the Staff for not more than three months and shall direct the Junior Staff Appointments, Promotions and Disciplinary Committee –
(a) to consider the case; and
(b) make recommendations as to the appropriate action to be taken by the Rector.
(2) An officer shall be informed of the charge against him and be given reasonable opportunity for defence in all cases under this Act.
(3) The Rector may, after considering the recommendation made under subsection (1) (b), dismiss, terminate, retire or down-grade the officer concerned.
(4) Any person aggrieved by the Rector’s decision under subsection (3), may within a period of 21 days from the date of the letter communicating the decision to him, address a petition or appeal to the Council to reconsider his case and the Council’s decision on the matter shall be final.
Discipline of junior staff
SECTION 23
(1) Service in the employment of the College shall be approved service for the purpose of the Pension Reform Act and accordingly, officers and other persons employed in the College shall be entitled to in respect of their services to the College pensions and other retirement benefit as is prescribed in the Pensions Reform Act. [Act No. 4, 2014]
(2) Nothing in the provisions of subsection (1) shall prevent the appointment of any person to any office on terms which preclude the grant of pension in respect of service in that office.
(3) For the purpose of the application of the provisions of the Pension Reform Act, any power exercisable by a Minister or other Authority of the Government of the Federation, not being the power to make regulations is hereby vested in and shall be exercisable by the Council.
Pension
SECTION 24
(1) There is established for the College a fund (in this Act referred to as “the Fund”) from which all expenses incurred by the College for the performance of its functions under this Act shall be paid.
(2) There shall be credited to the Fund established under subsection (1) –
(a) grants, subventions and budgetary allocations received from the Government of the Federation including such money as may be appropriated to the College by the National Assembly;
(b) such money as may be lent or granted to the College by the Federal, States or Local Governments;
(c) fees for training and allied services rendered by the College;
(d) all sums accruing to the College by way of gifts, endowments, bequests, grants, donations, subsidies or other contributions by persons, organisations and donor agencies;
(e) money from such other sources as may be approved by the Council for the College; and
(f) a percentage of ticket, contract, cargo, charter sales or any other charges under the Civil Aviation Act or such other percentage as may be stipulated by the Minister.
(3) The Fund established under subsection (1) shall be managed in accordance with extant Financial Regulations applicable in the Public Service of the Federation.
Funds of the College
SECTION 25
(1) The Council shall prepare and submit to the Minister for approval not later than 1st October in each financial year an estimate of its income and expenditure for the following financial year.
(2) Notwithstanding the provisions of subsection (1) the Council shall where necessary due to unforeseen circumstances, submit supplementary or adjusted statement of estimated income and expenditure to the Minister for approval.
Income and expenditure
SECTION 26
The College may apply the proceeds of the Fund established under section 24 (1) of this Act –
(a) to pay overhead allowances, benefits and other administrative costs of the College;
(b) for the reimbursement of members of the Council or any committee set up by the Council or the College for such expenses as may be authorised in accordance with the rates approved by the Government of the Federation;
(c) for the payment of salaries, fees and other remunerations or allowances, payable to members of the Council, employees, experts or professionals appointed by the College;
(d) to publicise and promote the activities of the College;
(e) for the maintenance of any property acquired or vested in the College; and
(f) to undertake any other activity or matter connected with all or any of the functions of the College under this Act.
Application of the Fund
SECTION 27
(1) The Council shall keep proper accounts and audit of the College in respect of each financial year.
(2) The Council shall when the statement of account referred to in subsection (1) is certified by the Rector, submit its account for audit to auditors appointed by the College from among the list of auditors and in accordance with guidelines approved by the Auditor-General of the Federation and shall be published in the annual report of the College.
Account and audit
SECTION 28
(1) The Council shall in every year furnish half-yearly reports to the Minister on the activities of the College, so however, that the first of such reports shall be furnished not later than 15 July in each year and every report shall be accompanied by a copy of the audited accounts of the College, and of the report, if any, by the auditor on the accounts as audited by him.
(2) The Council shall on or before 31 December in each year prepare and submit to the President through the Minister, a report of the activities of the College for the preceding financial year and shall include in the report a copy of the audited accounts of the College for that calendar year and the auditors’ comments on the account.
Annual report
SECTION 29
(1) The College may accept gifts of land, aircraft, money or other property on such terms and conditions, if any, as may be specified by the person or organisation making the gift.
(2) The College shall not accept any gift where the conditions attached by the person or organisation making the gift is inconsistent with the functions of the College under this Act.
(3) Donations of money to be applied to any particular purpose shall be placed to the credit of a special reserve account approved by the Council until such time as it may be expended in fulfilment of such purpose.
Power to accept gifts
SECTION 30
All sums of money received on account of the Council shall be paid into such bank accounts for the credit of the Council as may be approved by the Council in line with prevailing laws, regulations and policies.
Payment into bank
SECTION 31
(1) Subject to all applicable laws and regulations, the Council may borrow by overdraft or otherwise, such money as the College may require for the performance of its functions under this Act.
(2) The Council shall not, without the approval of the President borrow money, which exceeds, at any time, the limit set by the Government of the Federation.
(3) Notwithstanding subsection (1), where the sum to be borrowed is in foreign currency, the Council shall not borrow the sum without the prior approval of the President on the recommendation of the Minister.
Power to borrow
SECTION 32
(1) The Council may, subject to the provisions of this Act and the conditions of any trust created in respect of any property, invest funds which is not in immediate use in government bonds and securities in accordance with any general guidelines approved by the President or other appropriate authorities.
(2) The College shall strive to recover the whole of its costs and to achieve reasonable returns on capital and investment.
Power to invest funds
SECTION 33
(1) Pilots and other professionals shall be commissioned and certified upon the successful completion of their designated courses and professional training by the College.
(2) Where a trainee is withdrawn before being commissioned on disciplinary grounds or on any other ground, not being medical ground, such trainee shall not be granted the use of the College.
Commissioning of pilots and other professionals
SECTION 34
(1) Trainees shall not be required to satisfy requirements as to race, nationality including ethnic grouping, sex, place of birth or family origin, religious or political persuasion, as a condition of becoming or continuing to be a trainee at the College, the holder of any certificate of the College or of any appointment or employment at the College or a member of any body established under any of the provisions of this Act.
(2) A person shall not be subjected to any disadvantage or accorded any advantage, in the College, by reference to any of the matters specified in subsection (1).
(3) Nothing in this section shall be construed as preventing the College from imposing any disability or restriction on any person where such person willfully refuses or fails on grounds of religious or cultural belief to undertake any duty generally and uniformly imposed on all persons or any group of person which duty, having regard to the nature and the special circumstances is, in the opinion of the College, reasonably justifiable in the national interest and for the purpose of the training.
Exclusion of discrimination
SECTION 35
For the purpose of the Land Use Act which provides for the compulsory acquisition of land for overriding public interest, any requirement of land by the College pursuant to its objectives as set out in this Act shall be deemed to be for overriding public interest. [Cap. L5, LFN, 2004]
Compulsory acquisition of land
SECTION 36
All landed property of the College shall not be disposed of or charged except with the resolution of the Council.
Restriction on disposal of landed property
SECTION 37
The College may, with the approval of the Minister engage in the establishment of staff housing scheme.
Establishment of staff housing scheme
SECTION 38
The Minister may give to the Council directions of a general nature or relating generally to particular matters and the Council shall comply with any of the directions given by the Minister.
Directives of general character
SECTION 39
Where a person has, before the commencement of this Act, been appointed or purported to act under powers, however conferred, incidental to the acquisition of land for, or incidental to the erection, supervision or control of the College established, such persons shall be deemed always to have been lawfully appointed, or to have validly exercised the powers, as the case may be.
Validation of past acts
SECTION 40
(1) The seal of the College shall be such as may be administered by the Rector and the fixing of the seal of the College shall be signed by the Rector or the Registrar of the College.
(2) The seal of the College shall be kept in the custody of the Rector of the College.
(3) Academic certificates issued by the College shall have the College seal fixed and signed by the Rector and the Registrar of the College.
(4) Any contract or instrument which, if made or executed by a person not being a body corporate, would not be required to be under seal may be made or executed on behalf of the College by any authorised person.
The seal of the College
SECTION 41
(1) Subject to the provisions of this Act, the provisions of the Public Officers Protection Act, shall apply to any suit instituted against the College, an officer or employee of the College.
(2) A suit shall not lie or be instituted in any court against the College, a member of the Council or any principal officer or employee of the College for an action carried out in pursuance or execution of this Act or any law, or of any public duty or authority in respect of any alleged neglect or default in the execution of this Act or any other law, duty or authority, unless it is commenced –
(a) within three months of such act, neglect or default complained of; or
(b) in the case of a continuation of damages or injury, within six months next after the ceasing of the act, neglect or default.
(3) A suit shall not be commenced against the College, a member of the Council or any principal officer or employee of the College before the expiration of a period of one month after written notice of the intention to commence the suit has been served on the College by the intending plaintiff or his agent.
(4) The notice referred to in subsection (3) shall clearly state the –
(a) cause of action;
(b) particulars of the claim;
(c) name and place of abode of the intending plaintiff; and
(d) relief sought.
Limitation of suit against the College
SECTION 42
A member of the Council, Rector, officer or employee of the College shall be indemnified out of the assets of the College against any proceedings brought against him in his capacity as a member of the Council, Rector, officer or employee of the College where the act complained of is not ultra vires his powers.
Indemnity of officers of the College
SECTION 43
(1) The Council may make rules relating to any matter within its competence under this Act other than matters for which provision is to be made by standing orders under paragraph 1 of the Schedule to this Act.
(2) Rules made under subsection (1) shall be in writing and shall come into force when sealed with the seal of the Council unless some other date for its commencement is prescribed.
(3) Nothing in subsection (2) shall make it obligatory for the Council to publish any of the rules referred to in this section in the Federal Government Gazette, however the Council shall bring such rules to the notice of all affected by the notice.
Power to make rules
SECTION 44
(1) The College shall, with the approval of the Minister, issue guidelines for the purpose of giving effect to the provisions of this Act.
(2) Guidelines made under this section shall, when approved by the Minister, be published in the Federal Government Gazette.
Power to issue guidelines
SECTION 45
(1) The Nigerian College of Aviation Technology Act (the repealed Act), Cap. N96, Laws of the Federation of Nigeria, 2004 is repealed.
(2) Without prejudice to section 6 of the Interpretation Act, the repeal of the Act specified under subsection (1), shall not affect anything done under the Act.
(3) Every regulation, statute, order, requirement, certificate, notice, direction, decision, authorisation, consent, application, request or thing made, issued, given or done under the repealed Act shall, if in force at the commencement of this Act, continue to be in force and have effect as if made, issued, given or done under the corresponding provisions of this Act.
(4) All assets, funds, resources and other movable and immovable property which, immediately before the commencement of this Act, vested in the College established under the repealed Act (in this Act referred to as “the former College”), shall by virtue of this Act be vested in the College established under section 1 of this Act.
(5) Every reference to the former College, Council, Minister, Rector, Council Chairman or any person under their control or a document issued in the name of the former College, Council, Minister, Rector, Chairman of the former Council or employee of the former College shall be read, unless the context otherwise requires, as a reference to the College, Minister, Council, Rector, Chairman or an employee of the College established under this Act, as the case may be.
Repeal and savings provision
SECTION 46
(1) Subject to the provisions of this Act, the Rector of the College established under the repealed Act is deemed to have been appointed to the College established under this Act under the same conditions as Rector.
(2) Any person who immediately before the commencement of this Act was a staff of the College established under the repealed Act shall continue in office and be deemed to have been appointed under this Act for purposes of pension.
(3) Properties held immediately before the commencement date of this Act on behalf of the College by any person shall, by virtue of this Act, be vested in the College established under this Act.
(4) The College established in section 1 of this Act shall be subject to all the obligations and liabilities to which the former College was subject immediately before the commencement of this Act and all other persons shall have the same rights, powers and remedies against the College established by this Act as they had against the College immediately before the commencement of this Act.
(5) Any proceeding or cause of action pending or existing immediately before the commencement of this Act by or against the College established under the repealed Act in respect of any right, interest, obligation or liability of the College may be continued or commenced, as the case may be, and any determination of a court of law, tribunal or other commission or person may be enforced by or against the College established by this Act to the same extent that such proceeding, cause of action or determination might have been continued, commenced or enforced by or against the College as if this Act had not been made.
(6) As from the commencement of this Act, any disciplinary proceeding pending or existing against any employee of the College shall be continued and completed by the College established under this Act.
Transitional provisions
SECTION 47
In this Act – “Academic Board” means the Board establish under section 8 of this Act; “Act” means the Nigerian College of Aviation Technology Act, 2022; “approved” means approved by the Minister; “College” means the Nigerian College of Aviation Technology established under section 1 of this Act; “Council” means the Governing Council established under section 3 of this Act; “Joint Council” means a combination of members of the Governing Council and members of the Academic Board; “Minister” means the Minister of the Government of the Federation charged with responsibility for Civil Aviation; “prescribed” means prescribed on behalf of the College with the approval of the Minister; “President” means the President of the Federal Republic of Nigeria; “Rector” means the Rector of the College; and “The Senior Staff Appointments, Promotions and Disciplinary Committee” means a body by that name established under paragraph 2 (3) (a) of the Schedule to this Act.
Interpretation
SECTION 48
This Act may be cited as the Nigerian College of Aviation Technology Act, 2022.
Citation
SCHEDULE
Sections 3 (5), 19 (5), 20 (1) (c) (i) and 43 (1)
SUPPLEMENTARY PROVISIONS RELATING TO THE COUNCIL
Proceedings of the Council
1. (1) The Council may make standing orders with respect to the holding of meetings, the nature of notices to be given, the proceedings, the keeping of minutes of such proceedings and the custody and production for inspection of such minutes. (2) At any meeting of the Council, the Chairman shall preside and if he is not present, the members attending may appoint one of their members to be Chairman of that meeting. (3) The Council shall meet for the conduct of business at such times as the Chairman of the Council may appoint but shall meet not less than once in a quarter. (4) The Chairman of the Council may at any time and shall at the request in writing of not less than five members of the Council summon a meeting of the Council. (5) Particulars of the business to be transacted shall be circulated to members with the notice of the meeting at least two weeks before the date of the meeting. (6) Where the Council desires to obtain the advice of any expert on a particular matter concerning the College, the Council may co-opt him as a member for such period as the Council thinks fit, but a person who is a member by virtue of this sub-paragraph shall not be entitled to vote at any meeting of the Council, and shall not count towards a quorum. (7) Every question put before the Council at a meeting shall be decided by a simple majority of the members present and voting. (8) Two-third of members of Council shall form a quorum at any meeting of the Council. (9) The Chairman shall, at any meeting of the Council, have a vote and, in the case of an equality of votes, may exercise a casting vote. (10) Subject to the provisions of this Act, the Council may in the name of the College make standing orders regulating the proceedings of the College or of the Council, and in the exercise of its powers under this Act, may set out committees in the general interest of the College, and make standing orders therefor. (11) Standing orders shall provide for decisions taken to be unanimous and accordingly the Chairman shall not have a second or casting vote. (12) Standing orders made for a committee shall provide that the committee is to report back to the Council on any matter not within its competence under this Act to decide.
Committees of the Council
2. (1) The Council may appoint one or more committees to carry out on behalf of the Council such functions as the Council may determine. (2) A committee appointed under this paragraph shall consist of the number of persons determined by the Council. (3) Without prejudice to the provisions of subparagraph (1), the Council shall appoint the following committees – (a) Senior Staff Appointments and Promotions Committee which shall consist of the Rector as Chairman, two members of the Academic Board who are not members of Council and two other members of the Council as members; (b) Junior Staff Appointments and Promotion Committee which shall consist of a Deputy Rector as Chairman, two members of the Academic Board who are not members of the Senior Staff Appointments and Promotions Committee and two other members appointed by the Rector; (c) the Committee on Students’ Affairs which shall consist of the following members – (i) a Deputy Rector, appointed by the Rector, as Chairman, (ii) one external member of the Council, (iii) Dean of Students Affairs, (iv) two members of the Academic Board who are not members of the Senior or Junior Staff Disciplinary Committee, not below the rank of senior lecturer, and (v) four representatives of the Students Union of the College; (d) the Finance and General Purpose Committee; and (e) the Academic Development Committee. (4) The Committee on Students Affairs shall be charged with the duty of considering any – (a) matter which relates to the welfare of students; (b) other matter referred to it by either the Council or management of the College; and (c) matter which the students wish to refer to the Council, which shall be referred to the management in the first instance and which the management may have referred to the Committee on Students Affairs. (5) Any matter which the students wish to refer to the Council shall be referred to the Committee on Students’ Affairs in the first instance. (6) The decision of a Committee of the Council shall have no effect unless it is confirmed by the Council. (7) There shall be a Management Committee consisting of all the principal officers of the College, Deans and Directors in the College. (8) The Rector shall be the Chairman of the Management Committee. (9) The Management Committee shall meet at least once in a month to discuss and take decisions on matters of general interest to the College. (10) There shall be a School Board for each school in the College consisting of all the academic staff in that school. (11) The School Board shall deal with academic matters and any other matter of interest to the School or any matter assigned to it by the Council, the Rector or the Academic Board. (12) The Dean shall be the Chairman of the School Board. (13) The Dean shall be elected from among the academic staff, not below the rank of chief instructor or lecturer in that school, for a term of two years and may be elected for another one term of two years. (14) There shall be a Departmental Board for each department in the College consisting of all the academic staff in that department. (15) The Departmental Board shall deal with academic matters and any other matter of interest to the Department. (16) The Head of Department shall be the Chairman of the Departmental Board. (17) The Head of Department shall be elected from among the academic staff not below the rank of principal instructor or lecturer in that department for a term, of two years and may be elected for another one term of two years. (19) Where there is no qualified candidate for the position of Dean or Head of Department, the Rector shall appoint an acting Dean, not below the rank of principal instructor or lecturer or an Acting Head of Department not below the rank of senior instructor or lecturer, for a term of one year in the first instance and renewable only once. (20) Where there is still no qualified person, another person shall be appointed to act on the same terms specified under subparagraph (19). (21) Nothing in this Act shall prevent the Management Committee and Boards from making supplementary rules to guide their proceedings provided such rules are consistent with the provisions of this Act. (22) There shall be for the College, a Congregation consisting both academic and senior non-teaching staff, who hold at least a first degree or its equivalent. (23) The Rector shall be the Chairman of the Congregation. (24) The Congregation shall meet at least once in a year to conduct its business as prescribed in this Act and to receive report from the Rector on the state of affairs of the College. (25) There shall be for the College a Senior Staff Disciplinary Committee which shall consist of – (a) an external member of Council as Chairman; (b) two members of the Academic Board not below the rank of Chief Instructor or Lecturer; (c) two members of the Congregation who are not academic staff not below a rank equivalent to assistant chief instructor or lecturer; and (d) one member of the Council external to the College. (26) The Committee members shall serve for two years and be eligible for reappointment for another two years only. (27) There shall be established for the College a Junior Staff Disciplinary Committee consisting of – (a) a Deputy Rector as Chairman; (b) two academic staff appointed by the Rector who are not members of the Senior Staff Disciplinary Committee; (c) two non-teaching staff appointed by the Rector equivalent in rank to a senior instructor or lecturer; and (d) two members of Council external to the College not being members of the Senior Staff Disciplinary Committee.
Conflict of Interest
3. Any member of the Council or committee who has a personal interest in any arrangement entered into or proposed to be considered by the Council or any committee shall – (a) disclose his interest to the Council or committee; and (b) not vote on any question relating to the arrangement.
Miscellaneous
4. (1) The fixing of the seal of the College shall be authenticated by the signature of the Chairman of the Council or of the Rector where authorised by the Council for that purpose. (2) Any contract or instrument which, if made or executed by a person not being a body corporate, would not be required to be under seal, may be made or executed on behalf of the College by any person generally or specially authorised to act for that purpose by the Council. (3) Any document purporting to be a document duly executed under the seal of the College shall be received in evidence and shall, unless the contrary is proved, be deemed to be so executed. (4) The validity of any proceedings of the Council shall not be affected by any defect in the appointment of a member of the Council or of a person to serve on the Committee, or by reason that a person not entitled to do so took part in the proceedings. (5) A person shall not by reason only of his membership of the Council be treated as holding an office of emolument under the Government. (6) The common seal of the Council shall not be used or affixed to any document except in pursuance of a resolution duly passed at a properly constituted meeting of the Council and recorded in the minutes of such meeting.
