ABUBAKAR TAFAWA BALEWA UNIVERSITY BAUCHI (ESTABLISHMENT) (AMENDMENT) ACT, 2019

CENTER FOR LAW OF NIGERIA : FEDERAL LAWS

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ABUBAKAR TAFAWA BALEWA UNIVERSITY BAUCHI ACT, CAP 1, LFN, 2004 (AMENDMENT) ACT, 2019

A BILL FOR AN ACT TO AMEND THE ABUBAKAR TAFAWA BALEWA UNIVERSITY, BAUCHI ACT, CAP. A1, LAWS OF THE FEDERATION OF NIGERIA 2004 TO SPECIFY THE MINIMUM QUALIFICATION OF THE CHAIRMAN OF THE GOVERNING COUNCIL, OWNERSHIP OF INTELLECTUAL PROPERTY AND TO PROVIDE FOR PRE-ACTION NOTICE TO THE UNIVERSITY AUTHORITY; AND FOR RELATED MATTERS, 2019 (HB. 1113)

ARRANGMENT OF SECTIONS

1.       Amendment of Cap. A1, LFN, 2004

2.       Amendment of section 5.

3.       Amendment of section 11

4.       Amendment of section 21A

5.       Article 8 of the Third Schedule to the Principal Act is amended in:

6.       Citation.

ABUBAKAR TAFAWA BALEWA UNIVERSITY, BAUCHI ACT, CAP. A1, LAWS OF THE FEDERATION OF NIGERIA 2004 (AMENDMENT) ACT, 2019

ENACTED by the National Assembly of the Federal Republic of Nigeria –

1.       Amendment of Cap. A1, LFN, 2004

The Abubakar Tafawa Balewa University, Bauchi Act Cap. A1, Laws of the Federation of Nigeria, 2004 (in this Bill referred to as the “Principal Act”) as amended as set out in this Bill.

2.       Amendment of section 5.

Section 5 of the Principal Act is amended by inserting –

(a)     after the word, “functions” in the shoulder note, the words, “and qualification”;

(b)     a new subsection (2) –

          “(2)   The Chairman of the Council, “shall possess a minimum of a University Degree and must be medically fit to perform the function of a Chairman”

 3.      Amendment of section 11

Section 11 of the Principal Act is amended by inserting a new subsection “(4A)” –

          “(4A) The University shall provide a framework for the creation, ownership and protection of intellectual property products and services.”

4.       Amendment of section 21A

(1)     The Principal Act is amended by inserting a new “subsection 21A” –

          “21A. Pre-Action Notice.

          (1)     Any person intending to commence an action against the University shall give one month notice to the University through the Vice Chancellor, Registrar or by sending it by registered post, electronic mail or any other legally recognized digital form of communication in Nigeria.

          (2)     The written notice of [action] under subsection (1) of this section shall be served on the University by the intending plaintiff or his agent and the notice shall explicitly state the:

                    (a)     cause of action;

                   (b)     particulars of claim or the grievance sought to be redressed;

                   (c)     name, particulars and official address of the intending plaintiff; and

                   (d)     the relief sought.

(2)     A new subsection 21B to read thus:

          “21B  If no settlement is arrived at after the period of the notice referred to in section 21A above, either party may refer the matter for a decision by means of Alternative Dispute Resolution (ADR)”

5.       Article 8 of the Third Schedule to the Principal Act is amended in:

          (a)     sub article (1) by inserting after the word, “school” in line 3 of the words, “provided that where there is no professor in a collage, the office of the Dean of school shall be held in rotation on the basis of                     seniority as determined by the Senate; and

          (b)     sub article (3) by substituting for the words, “Thereafter, he shall not be eligible for re- appointment until two years have” in lines 2 and 3, the words, “and no more”.

6.       Citation.

This Bill may be cited as the Abubakar Tafawa Balewa University, Bauchi Act (Amendment) Bill, 2019.

EXPLANATORY MEMORANDUM

This Bill seeks to amend the Abubakar Tafawa Balewa University, Bauchi Act Cap. A1, Laws of the Federation of Nigeria, 2004 to specify the minimum qualification of the Chairman of the Governing Council, ownership of intellectual property and to provide for pre-action notice to the University authority before the commencement of any suit in court.  

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