ASUU 2019 Constitution Choking, Undemocratic, Aggrieved Members Cry Out

ASUU 2019 Constitution Choking, Undemocratic, Aggrieved Members Cry Out

Some members of the Academic Staff Union of Universities (ASUU) University of Abuja(now Yakubu Gowon University) Chapter have cried out to the National Body to quickly intervene and review the 2019 Constitution which they labeled as choking and Undemocratic as the provisions are not in tandem with current realities.

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Professor Nicholas Ebehikhalu

A statement jointly signed by Professor Owojecho Omoha and Professor Nicholas Ebehikhalu all with the University of Abuja noted that members are being choked to death by The Constitution and Code of Practice of the Academic Staff Union of Universities (ASUU) (herein referred to as ASUU Constitution).

The statement said the public alert has become necessary as some provisions of the 2019 Constitution of ASUU (as amended) are incompatible with the 1999 Constitution of the Federal Republic of Nigeria (as amended).

“This press statement is in pursuant to Section 39, sub-section 1 of 1999 Constitution of the Federal Republic of Nigeria (as amended). The section states that: “Every person shall be entitled to freedom of expression, including freedom to hold opinions and to receive and impact ideas and information without interference.” Additionally, this press briefing is in pursuant to Article 9 of the Kampala Declaration of the Fundamental Rights and Freedom on Intellectual Freedom and Social Responsibilities as contained in ASUU Constitution of 2019 (as amended). The Kampala Declaration states: “The intellectual Community shall have the right to express its opinions freely in the media.” Accordingly, we feel that we are dying, if we fail to break the silence on the undemocratic provisions in ASUU constitution”.

The Aggrieved Members took a swipe at various undemocratic ways of electing leaders in ASUU at the national and at the branch levels, adding that “You MUST be a national officer in ASUU for you to aspire to be the President, Vice President, Secretary or Treasurer of ASUU”.

According to them, the development runs contrary to the preamble in ASUU constitution which begins: “We the members of the Academic Staff Union of Universities (ASUU) having firmly and solemnly resolved to form a Union…”

They noted that in practice, the preamble has been undemocratically transformed to “We the leaders of the Academic Staff Union of Universities (ASUU)… .” That is to say, even as Owojecho Omoha and Nicholas Ebehikhalu are financial members and fulfill other electoral conditions, we cannot aspire to be elected as national officers of ASUU, stressing that  the undemocratic practice in ASUU National Leadership also operates at the branch level.

” At the branch level, for instance, the undemocratic ASUU Constitution in Appendix 11, Supplementary Rules on Branch Election in xii, sub-section (c) states: “For the position of the branch Chairperson or Secretary, the member shall in addition to (xii) a and b) must have been a Convener of any Committee(s) of the Union or served in the branch’s Executive Committee. This means the very Constitution that pledges natural justice and fair play backtracks, encouraging discrimination against Owojecho Omoha and Nicholas Ebehikhalu who, for no fault of their own, cannot aspire to be chairman or secretary of ASUU at the branch level because we have not served as chairman, secretary or committee chairman. This undemocratic provision is choking us to death at University of Abuja branch of ASUU”, the statement said.

The ASUU members also frowned at tenure elongation which is currently in practice at University of Abuja, arguing that there is no provision anywhere in ASUU constitution for tenure elongation either at the national or branch levels.

They posited that the conduct of ASUU National Officials, and the undemocratic attitude of ASUU NEC members allow for tenure elongation of chairpersons of ASUU branches.

The members pointed out that the tenure of Dr. Sylvanus Ugoh led Executive at University of Abuja expired midnight on April 24th, 2025, to pave way for a new election and subsequent swearing in of fresh winners and executives.

The Aggrieved Members said unfortunately, the Branch Electoral Committee came out with a voters’ register full of retired and dead ASUU members, non-up-to-date financial members, and non-ASUU members.

Following the discovery and detection of the planned irregularities, members agitated for a fresh list of members/voters, which the Electoral Committee objected , a development that prompted the University of Abuja Management to direct the postponement of the election to allow for authentic voters’ register and to avoid a breakdown of law and order.

According to the statement , “The Uniabuja ASUU Branch Executive gave a false report on the postponed election to ASUU NEC, saying that the election was postponed due to the disruption of the exercise by some ASUU members”, adding that the Dr. Sylvanus Ugoh led Exco backed by National Official and ASUU NEC are illegally occupying the office.

The members averred that Eighty-two ASUU members of University of Abuja branch signed their signatures, passing a vote of no confidence in the Dr. Ugoh led Executive, stressing that the vote of no confidence was duly served on the Executive and communicated to the National President and the National Officers of ASUU.

The statement further said Dr. Ugoh who sits as an illegal occupant of the seat of the chairperson has issued queries to Owojecho Omoha and Nicholas Ebehikhalu for allegedly disrupting the branch election that was officially put off by the University of Abuja Management for lack of authentic register of voters, and to avoid the breakdown of law and order at the campus.

Rule (v) of the Grievance and Procedure says “Where the complaint is against the chairperson of the branch, the findings and recommendations of the congress shall be forwarded to NEC for confirmation or otherwise”. We ask, what happens to the chairperson who refuses to call for congress to discuss the complaint against him/her? The undemocratic ASUU constitution currently choking us to death is silent on that.

Professors Omoha and Ebehikhalu have urged the President and National Executive Council of ASUU to within two weeks from the day of this statement call for a constitutional conference to amend the undemocratic ASUU Constitution that has denied us fundamental right to aspire to any leadership position in the Union as guaranteed in the 1999 Constitution of the Federal Republic of Nigeria (as amended).

They further called on the
President and National Executive Council of ASUU to immediately stop the tenure elongation of Dr. Sylvanus Ugoh led Executive at University of Abuja and open new nominations for elections to offices at the branch, giving us the fundamental right to contest for either the chairman or the secretary position of ASUU at University of Abuja.

-That the President and National Executive Council of ASUU accept the vote of no confidence passed by 82 members of the Union in the Dr. Sylvanus led Executive at University of Abuja and accordingly remove the Executive from office.

-That the President and National Executive Council of ASUU compel the illegal occupant of the seat of chairperson at University of Abuja to withdraw the queries issued us, Owojecho Omoha and Nicholas Ebehikhalu at University of Abuja for allegedly disrupting the April 24th 2025 election at the branch, even as the Management of the University ordered the stoppage of the elections due to irregularities in members/voters’ register and to avoid a breakdown of law and order at the campus.

-That the President and National Executive Council of ASUU address our grievances and resolve them within one month from the day of this press briefing.

-That failure of the President and National Executive Council of ASUU to address these grievances within one month from the day of receipt of this letter will make us to go to the Court of Law to seek constitutional interpretation of some provisions in the Constitution of ASUU, 2019 (as amended), that are at variance with the 1999 Constitution of the Federal Republic of Nigeria (as amended).

-That failure by the President and National Executive Council of ASUU to resolve our grievances within one month will make us to seek redress at a Court of Law on the infringements of our fundamental rights as guaranteed in the 1999 Constitution of the Federal Republic of Nigeria (as amended).

 

 

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