OF FUTA, THE 'FOUTA-DJALLON' OF CRISIS AND ATTENDANT ISSUES
BY: ORIMOLOYE, Ifeoluwa

According to thelaw.com, Res Ipsa Loquitir means that the action speaks for itself. The actions are so obvious that the duty of care and breach may be inferred by the clear nature of the actions and the obvious conclusions; That the act ordinarily would not occur without someone’s negligence; that in this instance the accident probably did not occur without someone’s negligence; that the accident/incidence was caused by an instrumentality that was under the exclusive control of the defendant...
Is it not quite surprising that the same Nigerian Bar Association (NBA) that recently criticized the detention of some Judges and termed the detention as a threat to the judiciary and democracy, again reversed their position by saying that the Judges facing corruption charges should step down from their positions?
The implication of this argument is that although the process culminating in the arrest of the Judges might be uncivil, it is imperative for any public official facing corruption charges to vacate the office, pending the conclusion of the investigation. For, regardless of the process, it is believed that the law must still be allowed to take its course.
It is no longer a news that the current Vice Chancellor of the Federal University of Technology, Akure is undergoing investigation at the Economic and Financial Crimes Commission (EFCC) for misappropriation of funds. Some of my counterparts in the students’ union have come out to say that the Vice Chancellor’s tenure is characterized by a rapid development, a statement which, to the best of my knowledge, is evident. But, one might be tempted to ask for the correlation between the rate of development anchored by the Vice Chancellor and his trial. Yes, the Vice Chancellor’s tenure is characterized by a rapid development, but does that exonerate him from the allegations of corruption? The fact that a students’ union group could extend arms of solidarity and fellowship to someone who is currently under investigation for a criminal offence shows the extent to which corruption and immorality has eaten deep into the fabrics of this society. The school’s Joint action committee said that the rapid development is marred by corruption and all some people have to bring to the defence of the Vice Chancellor is the same developmental projects that have been found to be marred by corruption, is that enough reason to justify the innocence of the suspect in this case? The fact that the developmental projects is perceived to be marred by corruption renders the projects questionable, regardless of its motive.
Recently, some students of the same university were arrested by the EFCC, and thereafter, the decision of the school on the fate of the students was communicated via a press statement which I obtained exclusively. The resolution of the management of FUTA, according to the statement is that, “The Federal University of Technology has wielded the big stick against four students of the institution WHO WERE ARRESTED BY THE ECONOMIC AND FINANCIAL CRIMES COMMISSION ON FINANCIAL CRIMES RELATED ALLEGATION…” (Emphasis mine).
Furthermore, the statement reads “...In a letter conveying the suspension, the University said the Vice Chancellor approved the sanction based on extant rules…whenever a student is being investigated for a criminal offence by the police or is charged with a criminal offence; whether or not connected with the University: the student shall be suspended from his studentship until he/she is cleared of the allegation/charge.” The full statement is attached to this piece for clarity.
It must be said that the motive behind the above declaration stems from the fact that it is believed that a member of an institution is (directly or indirectly) flying the flag of the institution, and as such, when the individual is facing an investigation, it is believed that in order protect the image of the institution, the institution has the prerogative to, in that case, advise the individual to step-aside, pending the conclusion of the investigation, albeit, this rule may vary according to institution. In cases that I have witnessed, it is the tradition of affected institutions to oftentimes disown affected members, in a bid to protect their image. Such is the enormity and sensitivity of cases like this. In the case of the students that were arrested by the EFCC, a student of another school who was arrested alongside the students of FUTA was simply disowned by the school.
Judging from the argument made by the NBA against the affected judges as illustrated above, as well as instances made of the FUTA students, the people who are saddled with the responsibility of sanctioning the Vice chancellor in this regard, is the Senate Council. In applying the concept of res ipsa loquitir, it can be argued in the first place, that the interference of an external force into the FUTA affair wouldn’t have been needful if the senate council has been proactive and has doused the crisis before it became full-blown. It is not surprising to have therefore, learnt that some workers’ union domiciled within the school (led by the joint action committee) resorted to a protest because it was perceived from a rational point of view that the individuals who have been accorded the required powers have neglected their responsibilities, and are as such deemed morally unfit to hold such a position. Being that the senate council is answerable to the Federal Government, the union is evidently calling the attention of the Federal Government to the perceived dereliction of moral duties as observed from the body language of the Senate council. To them, it is believed that the only way to bring the attention of the Federal Government to the perceived moral decadence is through a peaceful protest, much after other possible channels have been exhausted. Also, to the workers’ union, it is believed that one of the ways by which the law can be allowed to take its course, is by ensuring that the Vice Chancellor is rendered open to the impending proceedings of the law, else, occupying the position during an ongoing investigation may either spell doom or impede the investigation proceedings. Believe me, the Vice Chancellor cannot be perceived to be open to an investigation if he is still holding the position for which he is being investigated. The union is saying in good faith that it has no confidence in the management of the system anymore due to the moral decadence that has eaten deep into the fabrics of the system, under the watchful eyes of the senate council. The union is also saying that as much as there is no difference between the law guiding the public officials and the commoners, the Vice Chancellor is expected to step-aside pending the determination of the case. Thus, the much emphasized extant rules applies to this case. This is the state of affairs in the institution which some people have decided to manipulate to suit their interest. Some of us understands this truth and will not allow the public to be misled or fed with lies from the pit of hell.

Of the greatest Co-metal....The way forward is my own bone of contention.