1. Preamble
1.1 This Memorandum of Understanding (“MoU”) is made
on 25th March 2017 by and between (1) Hon. Attorney-General and
Commissioner of Justice, Adamawa State, Bar. Bala S. Sanga; (2) Hon.
Commissioner for Higher Education, Adamawa State, Alhaji Ahmed Rufai,
and (3) Hon. Commissioner for Basic Education, Adamawa State, Prof.
Kaletapwa George Farauta (“The Government Representatives”) on the one
hand; and The Academic Staff Union of Universities (ASUU), Adamawa State
University (“The Union”) on the other.
1.2 The purpose of this
MoU is to bring to an end the ongoing industrial action embarked upon by
the Union since 14th December 2016 by ensuring that the trade dispute
between the Union on the one hand, and the Adamawa State Government and
the Adamawa State University on the other, as reflected in the demands
presented by the Union, is resolved.
1.3 It is hereby recalled
the demands of the Union on the Adamawa State Government and the Adamawa
state University are as follows:
a. Reconstitution, by the Adamawa
State Government, of the current Management of the Adamawa State
University, in such a way that the processes and procedures for the
appointments of the Principal Officers of the Adamawa State University
as provided in the University Law, are complied with;
b. Full,
effective and complete implementation of the funding provisions of the
University law, by the Adamawa State Government;
c. Reinstatement of
an officer the Union, who had been dismissed from his employment, under
a circumstance that borders on anti-union victimization;
d.
Reverting to the old pension scheme, which the University was
implementing prior to the purported introduction of a contributory
pension scheme in the University; and the payment of all outstanding
benefits arising thereof;
e. Processing and release, by the Adamawa
State University, of all staff promotions, that have not been done or
completed in the last three years;
f. Payment of all accrued earned academic allowances, by the Adamawa State University.
2. Background
2.1 Interested in promoting an amicable settlement of the current trade
dispute in the Adamawa State University, the National Executive Council
(NEC) of the Academic Staff Union of Universities (ASUU) set up a
Visitation Team for the University.
2.2 Incidentally, the Visitor
to the Adamawa State University, His Excellenacy the Governor of
Adamawa State, had constituted a Visitation Panel to the University in
January 2017.
2.3 On arriving at Yola on 19th March, 2017, the
ASUU-NEC Visitation Team, interacted with all the parties to the trade
dispute as well as the key stakeholders.
2.4 Specifically, the
ASUU-NEC Visitation Team met with the Deputy Governor, who was then the
Acting Governor, the Attorney-General and Commissioner for Justice, who
also happened to be the Chairman of the Visitation Panel, as well as two
other members of the Visitation Panel, namely, the Commissioner for
Higher Education, and the Commissioner for Basic Education. The ASUU-NEC
Visitation Team also held a meeting with the Vice-Chancellor of the
University.
2.5 As the outcome of the series of meetings held,
the members of the Visitation Panel to the Adamawa State University,
building on the efforts they had been making earlier to resolve the
lingering trade dispute, offered to commit the Government of Adamawa
State and the Adamawa State University to the obligations stated in
Section 3 of this MoU.
2.6 The gesture of the Visitation Panel as
mentioned above, was accepted by the ASUU-NEC Visitation Team, on behalf
of the Union.
3. Obligations of Parties
3.1 Reconstitution of the Management of the University
The Adamawa State Government shall, as soon as possible, take all the
necessary and concrete steps that would ensure that the relevant
provisions of the University Law, dealing with the appointments of the
Principal Officers, most especially sections 3, 4 and 5 of the First
Schedule of the Adamawa State University Law, 2001 as amended, are fully
and effectively complied with.
3.2 Adherence to the Funding Provisions of the University Law
The Adamawa State Government shall strictly adhere to the funding
profile of the University as contained in the University Law, most
especially the provisions of Section
21 of the Adamawa State University Law, 2001 as amended in 2007.
3.3 Appeal of Dr Itodo John Itodo, Vice Chairperson, for Reinstatement
Dr. Itodo John Itodo, the Vice Chairperson of the ASUU Branch in the
University, who was dismissed from the employment of the University on
7th October 2016, shall appeal to the Council for it to review his case,
with a view to reinstating him to his job.
3.4 Jettisoning the Contributory Pension Scheme and Reverting to Old Pension Scheme
Considering the challenges encountered in the implementation of the new
contributory pension scheme in the University, including the confusion
arising therefrom, the University shall revert to the old pension
scheme, and all the past and present entitlements of the University
staff in that regard, shall be paid accordingly. The University, may
wish to re-introduce the new contributory pension after the State
Government might have enacted the required legislative framework; and in
consultation with the Unions.
3.5 Backlog of Promotions to be Processed and Released
The University shall process and release all outstanding promotions in
the University, including those of 2013/14, 2014/15, 2015/16 Sessions as
soon as possible, and in any case not later than three months from the
date of this MoU. Where any promotion cases require external assessment
of applications, the University shall internally finish all the
processes not later than 30th June, 2017.
3.6 Payment of Accrued Earned Allowances
The University shall pay, and continue to pay, all the accrued Earned
Allowances of the staff. However, staggered payment of such allowances
is acceptable, if due to financial constraint, payment is made according
to the following formula: (a) 20% of all the Allocations coming to the
University in the first month of coming into effect of this MoU; (b) 30%
of the Allocations coming to the University in the second month of the
coming into effect of this MoU; and 50% of all the Allocations coming to
the University in all the subsequent months, until all the allowances
due are fully paid.
3.7 Suspension of Strike
On the coming into effect of this MoU, the Union shall suspend the on-going strike.
3.8 Good Faith
All parties to this MoU have signed it in good faith and with the
understanding that the interest of all concerned have, as far as
possible, been taken care of.
3.9 Non-violation
In the event of
any substantive violation of this MoU by the Government of Adamawa
State, or the Adamawa State University, or any of its organs or Units,
the Union shall be free to act in any way that it deems fit, in line
with its Constitution and its objectives as a trade union.
3.10 Non-victimization
No officer or member of the Union shall be victimized for his or her role in the current industrial action.
REPRESENTATIVES OF ADAMAWA STATE GOVERNMENT
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NAME:…………………………………………………………
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REPRESENTATIVES OF AUTHORITIES OF ADAMAWA STATE UNIVERSITY, MUBI
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NAME:…………………………………………………………
SIGNATURE:………………………………………………………….
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2
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REPRESENTATIVES OF ACADEMIC STAFF UNION OF UNIVERSITIES (ASUU) ADAMAWA STATE UNIVERSITY MUBI BRANCH
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NAME:…………………………………………………………
SIGNATURE:………………………………………………………….
POSITION:………………………………………………………….
2
NAME:…………………………………………………………
SIGNATURE:………………………………………………………….
POSITION:………………………………………………………….
IN THE PRESENCEOF ASUU NEC REPRESENTATIVES
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NAME:…………………………………………………………
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POSITION:………………………………………………………….
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