LAGOS JANUARY 13TH (URHOBOTODAY)-The Academic Staff Union of Universities, Delta State University, Abraka Branch (ASUU-DELSU) had over the years enjoyed a conducive academic environment and seamless transition of her elected Executive Committees from one to the other until February 12th, 2014 when the National Executive Council representatives of the Union threw spanners in the works with a view to scuttling an election that they had themselves adjudged to be free, fair, credible and devoid of any irregularities. This action of the National Executive Council (NEC) is, no doubt, akin to tearing the fabric from the centre since Delta State University, Abraka is one of the branches and a stronghold of the Union.
The drama starts from February 6th, 2014 when the Electoral Committee statutorily constituted to conduct elections into offices of the Branch cleared candidates who had indicated interest to vie for the various offices in the Branch in an election scheduled for February 12th, 2014 at the Delta State University, Abraka Branch of ASUU. The list of the cleared candidates, that included Prof A. M. Diakparomre, was duly published in the official University Bulletin and also posted on notice boards and strategic places in the University premises by the Electoral Committee. It is to be noted that these notices of cleared candidates posted on notice boards was contained in the official letter headed sheets of the Branch.
On February 11, 2014, the Zonal Coordinator, Dr S. Ighalo, led a team of the NEC representatives/observers to the Delta State University, Abraka where they held meetings to deliberate on the elections to be conducted on the 12th of February, 2014. This team of NEC representatives/observers gave the nod for the conduct of the election and put in place all mechanisms for the successful conduct of the elections without tinkering with or objecting to the list of contestants.
In the morning of February 12, 2014, at about 10am, the accreditation and voting processes commenced, coordinated in the three campuses under the supervision and watch of the National team. At the end of voting, Dr S. Ighalo, leader of the National team of representatives/observers, voluntarily proclaimed the elections as free, fair, credible and devoid of any irregularities. Having done this, he proceeded to sign the results as announced by the Chairman of the Electoral Committee; with Prof A. M. Diakparomre as the winner of the Chairman position. However, unknown to Union members, who had loudly spoken through their votes on their choice of who should lead them during the next two years, there was a plot by the outgoing Chairman, Dr Emmanuel Mordi, and some cohorts (the cabal) to hold on to the reins of power by scuttling the said elections because their choice of candidate for the Chairmanship position did not emerge as winner. This plot culminated in hushed and frenzied meetings by “the cabal” and the National team of representatives/observers who wittingly abdicated their final responsibility of supervising the handing over of the Union’s properties; including the official vehicle and accounts to the elected Chairman.
For the avoidance of doubt, relevant sections of the Constitution and Code of Practice of the Academic Staff Union of Universities (ASUU), Appendix II: Supplementary Rules on Branch Elections is reproduced below:
ix a. NEC shall send representatives/observers to all branch elections.
b. The NEC representatives/observers shall certify the election as being free and fair.
c. The NEC representatives/observers shall also witness the signing of change of signatories for Union’s account.
x. Upon the successful conclusion of the election, the incumbent executive shall stand dissolved and the executive so elected shall assume office immediately.
xi. Where the University has multiple campuses, the electoral committee shall ensure that members from all campuses vote in the election through the congress or adequate arrangements are made for polling centres to be established within such campuses for the purpose of the election.
xii. The Branch Congress shall, where it deems fit, set up an Independent Committee to entertain electoral complaints arising from such elections. Otherwise, all such electoral complaints shall be dealt with summarily by the Congress under the supervision of the NEC representatives/observers.
xiii. Where, however, the Congress is unable to resolve the dispute or crisis as the case may be, the National Secretariat shall be informed as soon as possible by the NEC representatives/observers. The National Secretariat shall present the case to NEC for further directives where necessary.
It is important to note that in the extant matter, there were no complaints arising from the elections held in the Delta State University on February 12, 2014. As a result, no “Independent Committee” was set up. Also, no electoral complaints were brought before ASUU-DELSU Congress to “be dealt with summarily”. Furthermore, there was no situation that arose from the election conducted on February 12, 2014 that could not be resolved which needed referral to the National Secretariat by the NEC representatives/observers.
Strangely and curiously, the NEC representatives/observers, in connivance with “the cabal”, left the University without supervising and witnessing the signing of change of signatories to the Union’s account as well as the handing over of the Union’s properties. The next action of the leader of the team of NEC representatives/observers was to report at a NEC meeting, that had been billed for February 14, 2014 at the Abubakar Tafawa Balewa University, Bauchi, that there was a pre-election anonymous petition to the effect that Professor A.M. Diakparomre was “warned” by the Governing Council of the Delta State University in 2007, and that Professor A. M. Diakparomre could, therefore, not lead the Branch as Chairman. Based on this report, the Dr. Nasir Fagge-led National Executive Council refused to accredit Prof A. M. Diakparomre for the National Executive Council meeting that was holding. The elected ASUU-DELSU Chairman has also, since then, never been invited to zonal or national meetings of the Union.
A number of questions that have begged for answers from then till date are; was the Nasir Fagge-led National Executive Council cognisant of extant laws relating to its contrived excuse for its action? Why did the representatives of NEC clear Prof A. M. Diakparomre for the election if the 2007 “warning” by the Governing Council was germane to the exercise in 2014? Why did the Dr S. Ighalo-led National team of representatives/observers not disqualify Prof A. M. Diakparomre on this ground but rather gave the nod for him to contest? Why would the Dr Nasir Fagge-led NEC scuttle the February 12th, 2014 election that was adjudged by its team of representatives/observers to be free, fair, credible and devoid of any irregularities. Were there any complaints from co-contestants for the position of Chairman or any member(s) of ASUU-DELSU after the elections of February 12, 2014? Did the ASUU-DELSU Congress set up an “Independent Electoral Committee” to entertain complaints arising from the February 12th, 2014 elections as required by the Union’s Constitution? Why would the Dr. Nasir Fagge – led Executive Council act as petitioners and judges when there were no complaints at the ASUU-DELSU Branch? Were there any complaints from the Branch presented by the National Secretariat to NEC that emanated from the Congress of ASUU-DELSU? Does the ASUU Constitution make provision for or recognise the position of “Acting Chairman”? These unanswered questions have informed the resolve of the Branch whose Congress has vowed that on the election results of February 12th, 2014, it stands.
We are aware that the Dr. Nasir Fagge – led National Executive Council has made surreptitious overtures that were pretentiously aimed at resolving the issues at the DELSU Branch. Realizing that the present state of things was obviously caused by them, NEC has sought to save face. Unfortunately, the emissaries of NEC have refused to subject themselves to the basic tenets of mediation – truth, impartiality, objectivity, open-mindedness, and readiness to accept errors. Instead, NEC and its “mediation” teams have continued to operate from the platform of sanctimony and infallibility. Rather than listen to the position of the majority of Congress members, backed with facts; that there were no disputes arising from the elections; NEC and its emissaries have stuck to the marching orders from their principals and accomplices that bye-elections must be conducted for the position of Chairman.
When it became obvious to ASUU-DELSU that the National Executive Council was incorrigible and headed for a self-destruct project; not minding whether the fabric was being torn at the centre; Congress mandated Prof A. M. Diakparomre to, on behalf of the Branch, seek legal redress. Arising from this mandate, Prof A.M. Diakparomre headed to the National Industrial Court, Abuja to enforce the Branch’s and his constitutional rights. The National Industrial Court ruled that the status-quo, as at February 13, 2014, be maintained and Prof A. M. Diakparomre to remain as Chairman pending the determination of the motion on notice.
It is imperative to mention here that, whilst all these were going on, the National Executive Council embarked on wooing some other members of the Branch Executive (including the Vice Chairman and Secretary) to accept to act as Chairman. Shamefully for the NEC, their overtures and efforts came to naught as all their approaches met with rebuff. After all these failed wooing moves, and in defiance of the Court Order, “the cabal” much later found a willing hand in Dr Emmanuel Obi Nwafor whom the National Executive Council communicated, in a letter dated 27th February, 2015, that at a NEC meeting held in Abia State University, Uturu, he (Dr.Emmanuel Obi Nwafor) was appointed by NEC as Acting Chairperson of the Branch in defiance of a subsisting court order. Thus, Dr Emmanuel Obi Nwafor was sponsored by the cabal to attend the NEC meeting of 25th April, 2015 at University of Jos.
This shameful and odious act by the National Executive Council of a Union that masquerades as the Vanguard of Democracy and a great respecter of the rule of law, caused the Branch to direct Prof A. M. Diakparomre to approach the Court again to seek protection and redress for acts that were considered obviously contemptuous of the earlier Orders of the Court. The Forms 48 and 49 were duly served on Dr Nasir Fagge and Dr Emmanuel Obi Nwafor. It is a well known fact and dictum that those who live in “glass houses” ought not to throw stones.
We write on behalf of the numerous concerned members of ASUU-DELSU, and to state that it there would be in the best interest of NEC that the peace and harmony which currently exists in ASUU-DELSU be maintained rather than straining to tear the fabric from the centre. The Branch should be allowed to enjoy its present peace, harmony, and unity which have kept the Branch going stronger than ever before.
ALUTA CONTINUA
Dr. Nyerhovwo Tonukari – Delta State University, Main Campus, Abraka
Dr. F. Emu – Delta State University, Asaba Campus
Barrister Rufus Olarewaju – Delta State University, Oleh Campus

(For and on behalf of Concerned Academic Staff of the Delta State University, Abraka)

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