By Onomiguren Agbamu
Delta State Government, through the Commissioner for Higher Education, Prof. Nyerhovwo Tonukari has said the Rector of Delta State Polytechnic Ogwashi-Uku is not subject to direct council disciplinary action to the school governing council and has upturned the alleged suspension of the Rector.
The Commissioner, in a letter signed and dated 7th of July 2025, through the Ministry of Higher Education, titled;
RE: SUSPENSION OF THE RECTOR OF DELTA STATE POLYTECHNIC, OGWASHI-UKU Reads:
The Ministry acknowledges receipt of your undated letter, informing this office of the decision of the Governing Council of Delta State Polytechnic, Ogwashi Uku to suspend the Rector, Bld. Prof. Emmanuel Achuenu, for six months with immediate effect, following certain allegations of financial impropriety and gross misconduct.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 strictly 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 to the following statutory provisions, Part IV, Section 17(1) of the law establishing the polytechnic clearly outlines the hierarchical precedence in the polytechnic. It 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”. This provision indicates that the Rector ranks immediately after the Visitor and is not subject to direct disciplinary action by Council without proper procedure.
Chapter 6, subsection 6.5.1 of the Terms and Conditions of Service for staff of Delta State Polytechnic, Ogwashi-Uku, outlines the procedural steps to be followed when Council is of the view that a principal officer has committed a misconduct. It mandates that the Council must:
Issue a written query to the officer concerned:
Set up a properly constituted investigative committee comprising
Three members of Council; One representative of the Academic board; and One representative of the congregation, both not lower in rank than the officer concerned.
From the above, there is no evidence before the Ministry that such a committee was constituted as required. Furthermore, Part Vil, 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 that even where disciplinary actions are considered against members of the council, such powers are vested in the Visitor (Governor) acting on recommendation of Council via the Honourable Commissioner.
The Ministry therefore notes, with concern, that the decision to suspend the Rector without setting up the prescribed investigative panel or committee as stated in Section 6.5.1 is a procedural breach. Additionally, such action exceeds the limit of Council’s disciplinary powers as no directive appears to have been sought or obtained from the Visitor through the Ministry as required.
In view of the foregoing, the Ministry hereby directs the Governing Council to stay further actions on the purported suspension and immediately reinstate the Rector pending proper compliance with due process should the Council still hold that there is prima facie evidence of misconduct.
The Ministry expects full compliance with this directive in the interest of institutional integrity and rule of law.
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