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THE MANAGEMENT OF UNIVERSITY EDUCATION IN NIGERIA IN THE 

CONTEXT OF THE 1999 CONSTITUTION 

 

By 

 

ONWUKWE SETH NWACHUKWU 

onwukwe70@gmail.com 

Personnel Department, Nnamdi Azikiwe University Awka 

 

And 

 

RACHEL NWACHUKWU SETH 

rachelonwukwe@gmail.com 

Hope Foundation School, Magbuoba Rivers State 

 

 

ABSTRACT  
This paper examine Nigerian’s 1999 Constitution provisions in relation to the 

management of University education and its implication for the country’s educational 

Management, the 1999 Constitution vis-à-vis education. The constitution roles of the 

three tiers of government in education and the implications of the 1999 Constitution are 

examined. Finally the paper offers recommendations for the improvement of Nigerian 

university education.  

Key Word: Nigerian Constitution, Educational Management, University Education,  

Democratic Society, Development 

 

INTRODUCTION  

Nigeria has adopted over the past three decades egalitarian education as a vehicle per 

excellence for effecting rapid social development. This is not surprising because 

education has proven to be the greatest investment of economic, social, political and 

cultural development (Akangbou, 1987). Consequently, both the Nigerian Constitution 

(1999) and Federal Republic of Nigeria (1998 Rev.) clearly state the Nation’s educational 

objective as a free democratic society; a just and egalitarian society; a united strong and 

self-reliant nation; a great and dynamic economy and a land of bright and full 

opportunities for all (NPE 1998, section, 1(1).  

 

In most societies, certain rules, norms and regulations are established to regulate the 

behavior of all and sundry. These norms and rules are documented to form the mosaic of 

good behavior – constitution. Thus, a constitution is simply the body of rules in 

accordance with which the power of government are distributed and exercised. It lays 

mailto:onwukwe70@gmail.com
mailto:rachelonwukwe@gmail.com


 

 

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down the political institutions that will be allowed to exist, the functions of those different 

institution and the distribution of powers among them. 

  

The form of constitution depends on the nature of the country being governed, its history, 

geographical position, social structure, economic development, religious beliefs and 

racial composition (1999 Draft Constitution).  

 

Theoretical Framework of 1999 Constitution  

Historically, the first sets of legal provisions for education in Nigeria were in the form of 

education ordinances made by the colonial administration in the following order – 1882, 

1887, 1808, 1916 Phelps Stokes Reportof1921, 1922, 1925, Colonial Office 

Memorandum on Education and 1926 Educational Ordinances (Taiwo 1982).  

 

The significant of all the ordinances was that of 1926, which established rules and 

regulations in the following educational system expansion and control mechanism of the 

education system registration of teachers, establishment of new schools, functions of the 

board of education, appointment of supervisors and formulation of a new Grants in Aid 

system (Fafunwa).  

 

The ordinance of 1926 was quickly followed by the ordinances of 1928, 1929, 1931 and 

1933. These ordinances merely reviewed the 1926 ordinance and made clarifications and 

additional statements on the previous enactments.  

 

It is significant to note that the laws regulating education in the colonial periods were 

legislative and administrative enactments and not separate constitutional laws. With the 

development of political structures in Nigeria, the political institutions created by the 

different constitution assured responsibility for educational laws in their respective areas 

of jurisdiction. Thus, the 1947 constitution decentralized educational administration by 

classifying education as a regional service.  

 

It was on the basis of the enabling environment provided by this constitution that the 

education ordinance 1948 was enacted. This was the first of its type to be applicable 

throughout Nigeria (Olagboye,1998).  

 

The Macpherson Constitution of 1951 strengthened regional autonomy and made 

education a regional matter. This development subsequently gave rise to the 

establishment of a Ministry of Education in each of the three regions (North, West and 

East) under a minister. The Minister had responsibility for formulating policies on 

education in his region (Ajayi 1997).  

 



 

 

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Further developments in the political sphere led to the introduction of Littleton 

constitution in 1954. This 1954 constitution transformed Nigeria into a federation of three 

regions with a centre in Lagos and the introduction of three legislative lists- Executive, 

Residual and Concurrent. In this arrangement, higher education was on the Concurrent 

list.  

 

These developments and innovations in education as a result of successive constitutional 

provisions continued until the country took on the status of a sovereign and independent 

nation in 1960 with the introduction of a new constitution – the Independence 

Constitution. In the 1960 constitution, education was both in the exclusive and concurrent 

lists. In the light of this, the Federal Government had powers to legislate on the higher 

institution. The regional legislature promulgated laws in establishing their own 

universities. The Northern Legislature passed Ahmadu Bello University Law 1962,the 

Eastern Regional Government passed the University of Nigeria, Nsukka Law 1962 and 

the Western Region passed the University of Ife Law in 1962 (Olagoye & Fadipe 1998).  

The 1963 Republican Constitution preserved higher education as both on items in the 

Exclusive Legislature (List item 17) and Concurrent (List item 10). These laws enabled 

both the Federal and Regional Governments to set up other higher institutions such as 

Colleges Technology, Polytechnics and Colleges of Education.  

 

The 1979 constitution provided for educational objectives an innovation in the 

constitution. It is a re-instatement of the fact that the Federal Government recognizes the 

need to make education a state policy. There was an innovation in the educational sector 

under the 1989 constitution. Under this constitution both the Federal and State 

Government had powers to legislate on education.  

 

1999 Constitution and Education  

General Abubakar through Decree No. 24 of 1999 promulgated the 1999 constitution of 

the Federal Republic of Nigeria. The constitution is the highest, legal framework of 

reference for the machinery of a nation.  

 

Chapter IV (33-44) of the 1999 Constitution guarantees fundamental right of the citizens 

as right to life dignity of human person, personal liberty, fair hearing, private and family 

life, freedom of thought, conscience and religion, freedom of expression and the press, 

peaceful assembly and association, freedom of movement and freedom from 

discrimination.  

 

Chapter Two of the 1999 Constitution is devoted to fundamental objective and directive 

principles of state policy. On the Social Objectives, section 17(2) states that: 

a) Every citizen has equality of rights, obligations and opportunities before the law.  



 

 

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b) The sanctity of the human person shall be recognized and human dignity shall be 

maintained and enhanced.  

c) Government actions shall be humane. 

d) Exploitation of human or natural resources in any form whatsoever for reasons 

other than the good of the community shall be prevented and  

e) The independence impartiality and integrity of courts of law and easy 

accessibility there to shall be secured and maintained.  

On the Educational objectives section 18(1-3 of the 1999 Constitution states ; 

1) Government shall direct its policy towards ensuring that there are equal and 

adequate educational opportunities at all levels.  

2) Government shall promote science and technology. 

3) Government shall strive to eradicate illiteracy and to this end, government shall 

as and when practicable promote: 

a) Free compulsory and universal education  

b) Free secondary education  

c) Free university education and  

d) Free adult literacy programme  

 

University Management  

In Nigeria, Universities are created by Acts or Decrees or Laws or Edicts depending on 

whether they are Federal or State University. Usually, each university is empowered by 

its enabling law to make statute or regulations to guide the day th day conduct of its 

affairs. Universities are established for the achievement of the following objectives:  

a) To advance knowledge, wisdom and understanding by teaching and research with 

the ultimate purpose of service to community.  

b) To encourage the advancement of learning and to hold out to all persons without 

distinction of race, creed, sex or political conviction the opportunity of acquiring 

a higher education.  

c) To provide courses of instruction and other facilities for the pursuit of learning in 

all its branches and to make those facilities available on paper term to such 

persons as are equipped to benefit from them. 

d) To encourage, promote and conduct research in all fields of learning and human 

endavours and  

e) To undertake any other activities appropriate for a university of the highest 

standards. These objectives are to be pursued through teaching, research, the 

dissemination of existing and new information, the pursuit of service to the 

community and being a store house of knowledge (FGN 1998). From the 

provisions of the various university laws, provisions were made for University 

governance, management and discipline.  

 



 

 

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Section 3(1) of the University of Ilorin Act 1979 prescribed the power of the University 

and how they are to be exercised in the area of governance, management and discipline, 

the Council, its composition, function, the Finance and  General Purpose Committee, the 

Senate, Congregation, Convocation, Organization of Academic work of the University 

Academic Boards, Boards of Studies, Deans of teaching Units, the Board of Governors 

of the Colleges   of Medicine and Education, Selection of certain Principal Officers of 

the University, Creation of academic posts, appointment of academic staff and 

appointment of administrative and technical staff.  

 

Furthermore, by virtue of Section 5(1) of the University of Ilorin Act 1979, the Council 

is the governing body of the University charged with the general control and 

superintendence of the policy forms and property of the University, including its public 

relations. It also made provisions for the Finance and General Purpose Committee which 

shall exercise control over property and expenditure of the University. 

 

The senate is the highest decision-making body for academic matters in a university. It 

performs the function of organizing and controlling teaching and research including 

content of programmes, admission, examination and discipline of students at the 

university. The Vice-Chancellor is the chairman of Senate and also serves as a link 

between the senate and the council on matters related to its functions of teaching and 

research. 

 

The congregation is one of the constituent bodies of the university that provides a 

platform for university management to interact withal graduate staff of the university. 

Chaired by the Vice-chancellor, it occasionally meets to discuss welfare matters. 

Through congregation, representatives are elected to the senate and council, congregation 

may also advise the vice chancellor on staff welfare matters.  

 

Congregation is a body made up of the academic staff of the university and all registered 

graduates of the university. The main function of congregation is the conferment of 

academic awards to accredited recipients. The body usually chaired by the Chancellor 

also provides a forum for interaction between the university and its alumni. It sometimes 

serves as a forum for revenue generation for the development of the university. 

  

Law and Statues  

The survival of a university as a democratic community is indeed governed by its laws 

and statuses. The structure of a university as an organization is laid down in the laws 

establishing it. The provisions of the policies and procedures embedded in their statues 

are designed to enable effective governance of the university. The laws and statues 

together establish the framework within which each university is administered albeit with 

a great sense of dynamism in response to changing circumstances.  



 

 

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By nature university management is established and maintained through orderly 

succession of leadership at various levels of the organization. The process through which 

the achievement of academic goals are ensured for continuous development, 

maintenance of proper academic and professional development are carried out through a 

committee system.  

 

According to the Federal Government Manual on University Management (NUC 1997) 

the university statutes provide that three authorities and offices namely the council, 

senate and the vice-chancellor manage the system at the top and that some other organs 

and offices within the institution manage it at other levels, except the visitor and the 

chancellor.  

 

Management Structure  

The management structure of the university system as shown in the organogram (Fig 1) 

is hierarchical and is discussed below.:  

The visitor symbolizes the proprietor of the university in the case of the Federal 

university; the visitor is the President of the Federal Republic of Nigeria while the 

Governor is the visitor for State universities. The function of the visitor is to appoint the 

vice chancellor on the recommendation of the Governing Council and to inquire into 

activities of the university, correct irregularities and adjudicate in any disputes that might 

arise from the provisions and implementation of the university law and statutes.  

 

The vice chancellor is the head and other such assemblies of the university for the 

conferment of degree, diplomas certificates and other academic awards if the university.  

The pro-chancellor is the chairman of the university governing council and is expected 

to be a knowledgeable person with proven integrity status and experience which he is 

willing to invest in the responsibilities of guiding the institution towards its  continued 

development.  

 

According to the Association of Commonwealth Universities to which Nigeria 

subscribes, the Vice-Chancellor is the executive head of the university (NUC,1997). His 

responsibility lies in ensuring peace and good order within the community and promoting 

good governance for meaningful development of the university.  

 

The Vice-Chancellor occupies an important position in the management of the 

university. As the chief executive has serves as link and facilitator between the 

council, the university senate and the community. He prepares and presents to the 

Council information of current plans for the university’s development decisions by 

committees on matters related to discipline and renders account of his stewardship 

annually to the visitor through Council and the National University Commission (in 



 

 

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the case of Federal university) during the University System Annual Review 

meetings. However, in the fulfillment of these obligations, he is assisted by such 

academic and administrative units as the Registry, Bursary, Works Department and 

other support structures.  

 

The senate functions to organize and control teaching, admission and discipline of 

students as well as promotion of research and community service. In carrying out 

these functions, the senate has the mandate for approving courses for teaching 

provided that such courses are found to be desirable and compatible with goals of the 

university. The body also reviews and approves the curricula of the academic 

programmes of the university.  

 

In relation to the research functions of the university, the senate stimulates university 

teachers by ensuring the provision of necessary library resources, equipment, 

technical support and manpower resources that aid in carrying our research that is 

vital to national development. Above all, the senate maintains the quality of academic 

programmes offered in the departments through effective monitoring of their 

academic activities.  

 

The senate apart from relating closely with Provosts, Deans, Directors, heads of 

academic departments and the Librarian in the day-to-day conduct of the academic 

programmes of the university, also work through its communities to ensure that the 

university’s academic policies are religiously implemented.  

 

The senate also directs research policy for the university not only toward creation of 

new knowledge but also for problem-solving innovations that seek to improve the 

lives  of society in general  and its host community in particular.  

 

Constitutional Roles of Tiers of Government in Education  

The 1999 constitution spells out in the Exclusive and Concurrent Legislative Lists 

the extent of the legislative powers which the Federal and State Government have 

over education and other state matters. Thus, item 1 (21 & 22) Part II of the Second 

Schedule of the 1999 Constitution deals with Scientific and Technological Research 

as :   

The National Assembly may make laws to regulate or coordinate scientific and 

technological research throughout the Federation (Para 21).  

Nothing here shall preclude a House of Assembly from establishing or making 

provisions for an institution or other arrangement for the purpose of scientific and 

technological research (Para 22). Furthermore, item L (27-30) Part II of the Second 

Schedule of the 1999 constitution state that:  



 

 

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The National Assembly shall have power to make laws for the Federation or any part 

thereof with respect to University education, technological education or such 

professional education as may from time to time be designated by the National 

Assembly (Para 27).  

 

Nothing in this paragraph of this shall be construed so as to limit the power of a House 

of Assembly to make laws for the state with respect to technical, vocational, post 

primary, primary or other forms of education, including the establishment of 

institution for the pursuit of such education (Para 30).  

 

The forth schedule of the 1999 Constitution on the functions of a local Government 

Council, Sub-section 2(a) states that the functions of a Local Government Council 

shall include participation of such council in the Government of a state with respect 

to the provision and maintenance of primary, adult and vocational education.  

SUMMARY OF 1999 CONSTITUTIONAL ROLES OF 3-TIERS OF 

GOVERNMENT IN RELATION TO EDUCATION  

Government  Responsibility  Item on Legislature  

Federal  a) Pensions, gratuity and 

other benefits payable out 

of the consolidated 

Revenue fund  

 

b) Prescription of the 

minimum standards of 

education at all levels  

Second Schedule Part 1 

Item 44 of the Executive 

Legislative list 1999 

Constitution.  

Second schedule part 1 

item 60 (e) of Exclusive 

legislative List 

Federal  a) Scientific & Technological 

Research  

 

 

b) Statistics  

 

 

 

 

 

c) University, Technological 

and Post Primary 

Education or Professional 

Education  

Second Schedule Part II 

Item I (21&22) Concurrent 

Legislative List  

 

Second Schedule , part II 

Item I (23&24) concurrent 

Legislative List.  

Second Schedule Part II 

Item L (27-30) 

 

Concurrent Legislative List  



 

 

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State/Local  Provision and maintenance of 

primary, adult and vocational 

education  

Forth schedule Item 2 and 

second schedule Part II 

Item L (30) of the 

concurrent Legislative list.  

 

Source: 1999 Constitution of the Federal Republic of Nigeria  

 

IMPLICATIONS OF 1999 CONSTITUTION  

The 1999 constitution did not guarantee free education at all levels of the educational 

system. It merely states that free education is an objective to be sought after and 

implemented as and when practicable (section 17 (2)in pursuance of the goal of 

democracy and social justice. What the constitution imposes on all tier of government is 

the duty and obligation to strive hard towards the provision of equal and adequate 

educational opportunities at all levels for all citizens.  

 

Nigeria operates a Federal system of Government in which the central government and 

state government share legislative powers. However, whenever a law made by a state 

government conflicts with that made by the federal government on the same subject 

matter, that of latter prevails and renders that of the state government unconstitutional, 

illegal and therefore null and void.  

 

The 1999 constitution entrenched decentralization of education; decentralization is a 

logical and effective means of dealing with the growth problems in organizational 

management. This is so because as an organization grows in sizes, the complexities and 

problems facing its centralized management grows at a faster rate. Durosaro (2000) on 

the problems of decentralization of education, emphasized overlapping of jurisdiction, 

lack of direction and effective leadership, duplication of functions, waste of resources, 

conflict of authority and the power struggle, several government functionaries are 

independent of one another in educational management.  

 

Nigeria is currently witnessing proliferation of University as Federal, State or Private 

individuals and organizations are exercising their constitutional rights in the 

establishment of school. JAMB (2003) revealed that there are;  

“Education for all” was a slogan that pervaded the nation. How egalitarian is the 

education when a Secondary School – King’s College could introduce Computer Studies 

into its curricula and even acquired some Computers whereas some schools as still faced 

with inadequate supply of chairs, chalk and classroom buildings.  

 

Unity is becoming a theoretical and a rather elusive virtue particularly among the 

educated elites. it is common practice now to pull out the son of soil joker card to knock 

off other Nigerians from service competition at State and Local Government levels.  



 

 

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The phrases such as “quota system ,federal character educationally disadvantaged states 

backward states ecologically disadvantaged regions are statements negating the 

implementation of the new policy on education which has resulted in discipline. Tarfa 

(1979) as explained by Olutola (1983) described indiscipline as a social cankerworm 

which has eaten deep into the entire fabric of our society. It manifests itself in different 

forms like bribery, greed, ostentation, indolence, disloyalty, selfishness, lack of respect 

and consideration for elders.  

 

Twenty-four (24) Federal Universities, nineteen (19) state universities, six (6) privately 

owned Universities and 15 other degree awarding institutions (JAMB Brochure 

2003/2004).  

 

The nation’s dilemma has always been how to reconcile economic rationality and 

political expediency with reference to vita decisions affecting the life of the nation. If 

this proliferation in education is not checked, it may lead to low academic standard, 

glorified secondary schools going by the name of universities, inferior caliber of 

academic and professional personnel and inadequate funding.  

 

For democracy to thrive every citizen should be given equal opportunities to develop his 

talent. This implies that Universities would be established close to the people. Also the 

object of equal opportunities for all is the production of individuals who seize the 

opportunity to develop themselves to the highest level.  

 

As it is entrenched in the constitution, the bone of contention is when equal opportunity 

should start. Equality has been termed as the dearest of democratic graces. However, 

those who adhere to this principle are often accused of being committed to some 

empirical generalization about the nature of man. The term equity therefore has to be 

made explicitly and unless this is done, it is vacuous. The principle of equality limits the 

principle of liberty and the freedom of the sovereign individual to those acts which at 

least do not hurt others.  

 

The 1999 constitution entrenched Federal Character in the educational policy. This 

brings into limelight issues like access, quota system, educationally disadvantaged, 

educationally advantaged, catchment areas and cut off scores. This principles however, 

is detrimental to the principle of justice, fair play, democracy and prudentially.  

 

It has given room to mediocrity at the expense of meritocracy. FGN in 2000 approved 

the new admission guidelines into the University as follows: Merit 45%, Catchment Area 

35% and educationally disadvantaged state 20%. the clause on the National Policy on 

Education (1998 Rev) which state that Government shall continue to respect the 



 

 

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traditional areas of academic freedom for the institution as long as these areas are in 

consonance with national goals, had made previous governments to encroach in the 

academic freedom and autonomy of the University.  

 

The history of constitution in Nigeria has been loaded by controversies and contentions 

from the civil society. These controversies have not been helped by years of military rule 

the curtailment of democratic rights and undue influences on political and judicial 

institutions. The various constitutions therefore remain elitist document. The vast 

majority of Nigerians have never seen or read the constitution much less see it as the 

basis of governance and the protection of their democratic rights. It could be argued that 

the numerous conflicts and crises at the socio-economic, religious and political levels are 

the absence of constitutions.  

 

The issue of free education at all levels implies that it kills or at least discourages private 

contribution to education, local initiative ad community interest and direct involvement 

in the management of the educational enterprise. Almost all the educational systems in 

the world recognize education as a public and private enterprise and one in which a local 

community in particular must have a direct stake. The problem of free education is that 

it is very expensive venture. 

  

The recurrent cost of education alone is constantly increasing in the face of inflation, 

high cost of living and lack of basic social services (Sofoluwe, 1991).  

 

Democratic education implies making education available for all. it has to be noted that 

without education, an individual in a modern society is unlikely to be able to proceed 

very far in developing the particular aspect of a worthwhile form of life to which he is 

suited. Moreover, democratic education being committed to liberty, fairness and 

consideration of interest also implies that as much as freedom of choice should be given 

to parents and children as is consistent with the pursuit of objectives.  

 

Moreover, in any society, progress depends on development of leadership. True 

leadership should be renewed from the ranks of the unknown and not necessarily from 

the small group of families already known and powerful.  

 

If one class possesses all the wealth and education while the laboring class remains poor 

and ignorant, labour will inevitably servile to capital and the society will then be divided 

into distinctive permanent classes.  

 

But, if education is widely and equally diffused according to ability to profit rather than 

wealth, children of all classes may  attain their maximum potential and society will gain 

from the fuller utilization of its human resources.  



 

 

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A government that spends more than 20% of its budget on education is already 

overspending. The changes are that other social services would suffer and the education 

received would be rendered meaningless. Of what use is education to the educated in a 

situation where there are no infra-structural facilities – pipe borne water, electricity, 

hospital, road and communication.  

 

The clause “Government’s ultimate aim to make education free at all levels and 

encourage the participation of individual and other organization” needs to be criticized.  

Now the voluntary agencies are asking government to return to them all the old schools 

that had been taken over. Are there any indications by any voluntary agencies of being 

willing to put good money into putting new schools within the premises and now that 

education is moving along the smooth wheels of government ultimate objective being to 

make education free at all levels. It will be surprised to find any such voluntary agency 

who in modern times would be so magnanimous as to invest without any hope of some 

kind of returns because education being free implies non-payment of fees by students. 

The issue is critical because unless government is going to make money available to 

voluntary agencies to invest in this kind of expensive project, the chances of their 

participation are slim.  

 

The three-ties level of responsibility for the management, control and supervision of 

education are well thought out and relevant. One must however remark that the bane of 

this country is that we always plan on paper without bringing the realities of 

implementation to the grassroot level where the action really is and the sum total effect 

of all the grandiose and ambitious plans are consummated. There can be no 

implementation of the policy on education without school as a unit of administration 

being considered in details.  

 

There is general lack of systematic and coordinated planning of educational programmes. 

This has resulted in inefficiency, great under-utilization of resources and administrative 

staff and poor output and dyfunctionalization in the administrative machinery in the state 

Ministry of Education.  

 

Jega (1990) emphasized the universities sickness that “it has almost collapsed and this 

resulted into high rate of tension rancor and dispute between university authorities and 

the staff of the university.  

Adesina (1984) on the growth without development emphasized that development has 

been hampered by the following forces:  

1) An over politicized educational system resulting in mass production of 

certificate holders who are unemployed and unemployable.  



 

 

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2) Neglect of Agriculture in an effort to achieve popularity in the area of 

education which has become more of a vote-catcher that a social service.  

3) An unnecessary competition with federal Government resulting in the 

establishment and proliferation of euphoric projects with high revenue 

consumption rates like State Universities, numerous polytechnics and 

Colleges of education, television stations, newspapers and breweries.  

4) Widespread redundancy of the products of the educational system as well as 

the failure to pay the salaries of those in employment.  

Lamenting the state of education financing in Nigeria, the World Bank (1990) asserted 

that “ the average people in Nigeria is given N16 worth of education material yearly, 

unlike his counterparts in the West that has N415 worth of materials. The erroneous 

classification of education expenditure as social or welfare spending.  Pupils’ population 

growth rate had outstripped the government’s relative low education rate and thriving 

business sector not encouraged to support the cost of  training. Nutritional deficiency 

amongst the pupils in Nigeria impedes learning in early childhood”.  

 

Making University Management Democratic  

The essential mark of democracy is the respectful treatment of people as persons. This 

should remain so, if the institution is to be democratic. In this case, the Governing 

Council, the senate, Vice Chancellor, the Heads of Departments, Principal Officers has 

a major role to play. The success or failure of an educational organization depends very 

much upon the style that the leader adopts to get the other personnel to work with him. 

The need for winning the whole-hearted cooperation of people should thus be the central 

and ever present concern of any administrator. In doing this, the leader has at his disposal 

various styles of management which range on a continuum from complete domination 

and exploitation on one end to extreme liberalism and permissiveness on the other.  

 

A constitutional administration is one in which the power of command, decision making, 

communication, planning and coordinating is held by a large number of people and is 

subject to the will the educational stake-holders.  

 

Democratic leadership involves definite activity on the part of the leader which is aimed 

at increasing the effectiveness and improvement of the personnel in various ways.  

 

The leader operates within established policies, improves human relations, encourages 

free discussion assists in human growth and development coordinates functions and 

activities provides advice and assists in modern management techniques.  

 

The democratic administrator should share with his subordinates, the decision making 

policies about work planning assignment and scheduling.  

 



 

 

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The assumption of democratic leadership is that the formulation of policy should involve 

those who are to be influenced by it. For how constitutional is an institution where only 

the administrator takes all decisions and imposes same on the rest? How democratic is a 

school situation where students are not allowed to participate in decision which affects 

their welfare? There is no doubt that the causes of unrest and disturbance in many 

institutions are related to the communication gap in the super-ordinate/subordinate 

relationship.  

 

An adoption of the democratic style of administration allows the administration to 

understand the dynamics of group work and how to utilize the efforts of the group to 

attain the educational objectives of the institution. Moreover, as a result of democratic 

deliberations on institutional activities , a healthy rapport is generated among members 

in a give and take atmosphere which is conducive to objective consideration of the 

problems of the institution. Each group while friendly and not too formal, regards and 

deals with other group with respect and dignity.  

 

Finally, by allowing educational stake holders to participate in school affairs, the 

experience and judgments of the people are not only made available but also, these people 

become much better informed concerning the philosophy, objectives and problems of the  

 

University organization.  

Recommendation  

School administrators should be on guard against retaining unnecessary restriction on 

students’ freedom. The Bill on the University Autonomy at the National Assembly 

should be passed into law by the newly elected National Assembly members.  

Academic freedom and autonomy of the University system must be fully recognized and 

implemented. The National Policy on Education (1998 Rev) section 49 recommends 

thus:  

a) The internal organization and administration of each institution shall be its own 

responsibility.  

b) The traditional area of academic freedom for the institutions are:  

i. Select their students except where the laws prescribes  

ii. Appoint their staff  

c) Teach select area of research 

d) Determine the content of courses 

Universities should be allowed to pursue their academic programmes of teaching, 

research and community service without undue interference from government.  

The orientation of University administrators in the governance, management and 

discipline must change for better. All segments of the University – Academic and Non- 

academic staff, students and the public must be involved in the administration of the 



 

 

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University system. This democratization implies that these segments must be involved 

in the decision making process.  

 

In the area of professional knowledge of law the school administration, they do not need 

law degrees. The administrators do not need however, an understanding of the areas of 

law that impact on institution sufficient for them to be able to implement preventive legal 

risk management practices. Similarly, Vice Chancellors, professional knowledge should 

be sufficient to dispel unnecessary or incorrect misconceptions they might have of the 

law as it affects the administration.  

Proprietors of University must respect fundamental human rights as entrenched in the 

constitution. Basic human rights as stated in Chapter IV of 1999 constitution, right to 

life, dignity of human person, personal liberty, freedom of expression, freedom of 

movement must be respected. Tension would be reduced and thus promotion of teaching, 

research and community service for which Universities are established would be 

maintained.  

 

In planning education at Federal and State levels, a clear distinction must be established 

between growth (expansion of sheer size) and development (a manifestation of functional 

quality).  

 

There is a need for education departments to provide on-going and clearly focused in-

service courses on school law throughout administrators’ careers. Such courses need to 

be held frequently and at various locations.  

 

Conclusion  

In this paper, an attempt has been made to look into the facets of theoretical framework 

of 1999 constitution and the implications to the management of university education in 

Nigeria.  

 

Thus, the constitution lays down the political institution that allowed for functionality. It 

is of the utmost importance that the community of stakeholders must have been well 

prepared for them to participate effectively.  

 


