COOU VC Appointment: A Test Of Legality and Discretionary Powers
By Augustine Nwankwo
The National Industrial Court of Nigeria (NICN) has fixed Oct. 15 2026 for delivery of the judgment in the matter between Prof. Chike Osegbue vs Kate Omenugha and five other respondents concerning the appointment of a substantive Vice Chancellor at Chukwuemeka Odumegwu Ojukwu University(COOU).
The journey to the appointment of substantive Vice Chancellor of COOU started on Jan. 2 2025 with the announcement in the Vanguard newspaper of vacancy for the position by the University’s Registrar as directed by the Prof. Chidi Odinkalu-led Council.
Prior to the announcement, there was serious tussle over the election of three members of the Senate who would be its representatives on the joint selection committee.
There was also debate by some members over the eligibility of the then Ag Vice chancellor chairing the Senate session because of her interest in the post.
This bothered on the COOU Law 2014 which provided that any person who had personal interest in a matter for discussion should recuse from being a part of decision making. as well as the question of quorum and accreditation.
However, 3 members of the Council representing the Senate who were sympathetic to the outcome of the 24th December 2024 Senate meeting wrote a petition to the visitor against the decision of the Council.
Following a Senate meeting in July 2025, three representatives were elected to join the Council nominees and make up a 7-man joint Appointment and Selection Committee.
The committee comprised three Senate members, three government appointees and a representative of the congregation.
At the end of the Search and Nomination Committee stage, nine candidates out of the 23 applicants were shortlisted for interview.
After the interview which was held on July 29, 30, and 31, 2025, the joint Council and Senate Appointment and Selection Committee, Prof. Chike Osegbue, Prof. Leonard Onuba and Prof. Chudi Okani emerged top three in descending order.
The final list of candidates as reported in media showed Prof. Chike Osegbue was top with 83 percent, Prof. Leonard Onuba finished second with 81 percent, Prof. Chukwudi Okani scored 78 percent to place third.
On August 1, 2025, the Committee through Prof. Chidi Odinkalu, the Pro-Chancellor and Chairman of the University Council transmitted the report and recommendation to the Visitor for appointment in line with relevant sections of the University Law.
The COOU Law of 2014, in Ordinance II(4)(d) specifically stipulated that the Council shall recommend the candidate who places first on its merit to the Visitor, (that is, the Governor) for appointment but shall include the names of the candidates who placed second and third justifying its order of merit.
Accepting the report, Soludo commended the process as rigorous and credible while appreciating the joint committee for conducting a transparent exercise.
Expectations were high that the Visitor would act according to the Law and follow the recommendations of the committee he empanelled and which report he praised, by appointing the candidate who finished top.
But on August 6, 2025, the governor announced Prof. Kate Omenugha as the substantive Vice Chancellor of the University through a letter delivered through the Secretary to the State Government in a move that left many stunned.
Omenugha, a Professor of Mass Communication, was Commissioner for Education in Anambra for eight years and was
until her confirmation, the Acting Vice Chancellor since December 2023.
The announcement which came as a surprise to many was greeted with mixed feelings from within and outside the University because it was not consistent with the outcome of the dutiful, rigorous and painstaking process which lasted for about eight months.
Arguments have been advanced in support and in opposition to the decision of the governor.
Some persons say that the Visitor, as the Chief Appointing Officer had the reserved right and prerogative of appointing who he seemed fit provided it was in the interest of the system.
But others say that the Visitor had no powers in the Law to appoint whomever he wished as Vice Chancellor, and must do so within the ambit of the law, in this case within the provisions of COOU Establishment Law.
A group within the University community known as ‘COOU Collectives’ said they were baffled that the outcome of the University Council’s painstaking job was discountenanced by the Visitor for an arbitrary choice.
The group said the “COOU’s Vice Chancellor selection was a test of law, integrity and institutional honour” noting that appointing a fifth placed candidate in the order of merit lacked both authority and legitimacy.
The COOU Collectives rejected what they called the flagrant abuse of the COOU Law and called on Soludo to uphold merit by appointing the top ranked candidate, in accordance with the University’s statutes.
They said this appointment was not only a violation of the University Law but against the recommendation of the 2014 Visitation Panel Report which accepted that all organs involved in appointing the Vice Chancellor must duly and fully comply with the provisions of the University Statute.
Quoting Ordinance II(4)(d) of the COOU Law, they said the.Council was required to recommend the candidate who placed first on its own merit to the Visitor for appointment but shall also include the names of the candidates who placed second and third respectively, justifying its order of merit’’.
“It’s unfortunate that after commending the Pro-Chancellor and Chairman of Council for an elaborate, rigorous, transparent and credible job, the governor approved the appointment of Omenugha who scored 73 percent citing benchmarks that are alien to the COOU Law 2014,” it said
Another group known as COOU Progressives however has applauded the appointment of Omenugha claiming that she had performed creditably as Ag Vice chancellor and that her CV dwarfed those of the other candidates.
The group observed that Professor Omenugha has over 800 Google scholar citations and scopus indexed publications, has attracted €400m among other qualities over other candidates who have not attracted anything to the university.
Not satisfied with the perceived injustice, Osegbue went to court in August to seek interpretation for the law governing the appointment of Vice Chancellor with the prayer that the decision of the Visitor be overturned.
In the the suit marked NICN/ARJ/275/2025, Osegbue argued the appointment of Omenugha by Soludo was in defiance to Ordinance II (4) (d), read together with Statute VI (1) of the 1 Schedule to the COOU Law 2014 and therefore was illegal, absurd, arbitrary, condemnable and wrongful
He sought a declaration that the appointment of Omenugha by Soludo as the Vice Chancellor is null, void and of no effect.
Omenugha and her legal team have responded to the issues and argued their case in court.
As the public waits in baited breath for the verdict of the court, they say that whichever way the verdict goes, it will set a precedent that would bear serious historical precedence in the appointment of Vice Chancellors in public institutions.
They said the judgement will not only put a big question mark on the place of University Governing Councils in the administration of higher institutions in Nigeria and also to what extent University Laws can be effective and who should obey them.
It will also affirm or repudiate the notion that President and Governors who are visitors to these institutions can make appointments into the positions of Vice Chancellors arbitrarily or in disregard to extant laws.
©Augustine Nwankwo, a Socio Commentator writes from Uli
