The Delta State government has directed that the Governing Council of Delta State Polytechnic, Ogwashi-uku, to reinstate the Rector, Bldr Professor Emmanuel Achuenu, citing “procedural breach” in the decision.
The state government faulted the institution’s Council for flouting Chapter 6, Subsection 6. 5. 1 of the Terms and Conditions of Service for Staff of Delta State Polytechnic, which outlines the procedural steps to be followed when the Council is of the view that a Principal officer has committed misconduct.
The State government noted that there is no evidence before it, through the Ministry of Higher Education, that a written query was issued the Rector, a properly constituted investigative committee comprising three (3) members of Council, one (1) representative of the Academic Board , and one (1) representative of the Congregation, both not lower in rank than the officer concerned ( in this case the Rector ), was set up.
In an official letter addressed to the Chairman of DSPG Governing Council, Paul Adingwupu , with reference No MHE/DSPG//Conf/2, dated 7th July 2025 and signed by the Commissioner for Higher Education, Professor Nyerhovwo Tonikari , the action of the Governing Council “exceeds the limits of Council,s disciplinary powers , as no directive appears to have been sought , or obtained from the Visitor through the Ministry , as required”
The letter , titled RE: SUSPENSION OF THE RECTOR OF DELTA STATE POLYTECHNIC , OGWASHI-UKU, reads in part : “While the Ministry appreciates the Council,s commitment to upholding discipline and accountability in the Polytechnic, it is imperative to underscore that all disciplinary actions , especially those affecting Principal officers of the Polytechnic , must comply with relevant provisions of the law establishing the Polytechnic , as well as the Terms and Conditions of Service applicable to Principal officers. Specifically , the attention of the Council is drawn towards the following statutory provisions : Part 1V, Section 17 (1) , of the law establishing the Polytechnic which states , “The Chairman of Council shall in relation to the Polytechnic , take precedence over all members of the Polytechnic , EXCEPT the Visitor and the Rector, except when acting as Chairman of the Congregation or Convocation , or in the course of performing his academic and executive functions”
The statement continues:”This provision indicates that the Rector ranks immediately after the Visitor , and is NOT SUBJECT to direct disciplinary action by Council , without proper procedure”
To finally put the lid on the illegal action of the Adingwupu led Governing Council , the letter is emphatic thus:”Furthermore , Part V11, Section 34 (1 and 2) , of the Establishing law , provides that , “if it appears to Council that a member of Council should be removed on grounds of misconduct or inability to perform his functions, the Council shall make a recommendation through the Commissioner to the Visitor”
“This implies”, the letter continues , that even where disciplinary actions are considered against members of the Council, such powers are vested in the Visitor ( Governor) , acting on the recommendation of Council via the Honourable Commissioner”
The letter, in which the Secretary to the State Government , office of the SSG , the Rector , Delta State Polytechnic, Ogwashi-uku, were copied, directed full compliance with it’s directive “in the interest of institutional integrity , and rule of law