UNICAL Chaplain Leadership Tussle: Setting Facts Straight

The attention of the University community and the general public has been drawn to a publication titled “Court Bars UNICAL VC and Five Others from Evicting University Chaplain.” While the University respects the authority and independence of the judiciary, it is necessary to correct certain impressions created by the publication, which, in its present form, could be misleading to members of the public and the University community.

 Matter Has Not Been Substantively Determined

First, it is important to state that the publication should not be interpreted as though the substantive dispute between the parties has been heard and finally determined by the court. The fact that a court makes an interim or interlocutory order in the course of proceedings does not, in itself, amount to a determination of the substantive claims, rights and obligations of the parties.

The matter is still before the court, and the substantive suit is yet to be heard and determined. Consequently, it is premature and potentially misleading to portray the development as a judicial pronouncement on the legitimacy of any particular leadership of the church, the University's position, or the underlying circumstances that gave rise to the dispute.

The University remains committed to due process and will continue to respect the judicial process.

 The University Is Governed by Law

It is equally important to place the dispute within the proper institutional context. The University of Calabar is a statutory institution governed by its enabling laws, regulations, policies and other approved instruments. Consequently, every association, organization, church, fellowship or other body operating within the University community is expected to conduct its affairs within the framework of the University's laws and regulations.

No constitution, rule, internal arrangement or leadership structure adopted by any church, association or organization operating within the University can legitimately be interpreted as conferring an unfettered authority to act outside the laws and regulations governing the University.

The University's intervention in matters concerning organizations operating within its premises is therefore not an attempt to interfere arbitrarily in their internal affairs. Rather, it is part of the University's responsibility to ensure that activities taking place within its environment conform to the law and do not threaten peace, security, public order or the safety of members of the University community.

 Leadership Crisis Predates the Present Administration 

Another important fact requiring clarification is that the leadership crisis within the church did not begin with the present administration of the University.

For more than two years, successive efforts have been made by the University Management to encourage dialogue, reconciliation and peaceful resolution of the leadership disagreements that have affected the church. These efforts predate the present administration and demonstrate that Management's concern has consistently been the restoration of peace and stability rather than the promotion of any individual or faction.

It is therefore inaccurate to suggest that the University's recent actions constitute a sudden or arbitrary attempt to interfere in the affairs of the church.

Management has, over an extended period, explored various avenues for reconciliation and peaceful settlement. The persistence of the crisis, despite these efforts, eventually created circumstances that required more direct institutional intervention.

 Immediate Trigger for Management's Intervention

Of particular concern to Management was the escalation of the disagreement to the point where some leaders of the church reportedly engaged in a physical confrontation.

At that stage, the matter ceased to be merely an internal disagreement over leadership. Once physical violence occurs within the University's environment, Management has a responsibility to act decisively to protect lives, prevent further confrontation and safeguard University property.

The University's intervention was therefore motivated primarily by the need to maintain a peaceful, orderly and secure environment. It was intended to prevent the escalation of the crisis into a situation that could result in injury, loss of lives or destruction of property.

It would be unfortunate if an intervention undertaken in the interest of public safety and institutional peace were misconstrued as persecution of any individual.

 No Assault on Reverend Ushie

The publication also creates an impression that Reverend Ushie has been subjected to assault or persecution by the University authorities. This impression is not consistent with the University's position.

At no point has the University Management sanctioned or condoned the assault of Reverend Ushie. Indeed, the University's approach throughout this crisis has been directed towards de-escalation, reconciliation and the restoration of peace.

Management is therefore concerned about any narrative that portrays its lawful intervention as an assault on, or persecution of, the Reverend.

It is also necessary to state, without prejudice to the ongoing proceedings, that Management has had serious concerns about conduct attributed to Reverend Ushie over a considerable period, particularly conduct which, in Management's assessment, has contributed to the escalation of tensions within the church.

There have been allegations of mobilization of members against opposing members and actions capable of aggravating an already fragile situation. Such conduct, where established, is incompatible with the University's overriding responsibility to maintain peace and security within its environment.

These issues, like all other matters forming part of the dispute, are better addressed through appropriate institutional and judicial processes rather than through inflammatory public narratives.

 Management Has Been Working for Peace

Contrary to any suggestion that Management is interested in deepening the crisis, the University has consistently sought ways of bringing the contending parties together.

Indeed, Management has already brokered a truce between the disputing parties as part of its continuing efforts to reduce tension and create an atmosphere conducive to reconciliation.

The fact that Management continues to work towards a peaceful resolution is evidence that its primary objective is not to displace or victimize any particular individual or group, but to restore normalcy and ensure that the University environment remains peaceful and secure.

The University remains willing to support any genuine process that can produce a sustainable resolution to the crisis.

 Need for Responsible Reporting

The University appreciates the role of the media in informing the public and recognizes the importance of freedom of expression and access to information. However, reporting on matters before the courts requires particular care, especially where proceedings are ongoing and the substantive issues have not yet been determined.

A headline suggesting that the court has “barred” the Vice-Chancellor and five others from “evicting” the University Chaplain may create the impression that the court has conclusively determined the rights of the parties or found that the University Management acted unlawfully. That would go beyond what can properly be inferred from an interlocutory proceeding whose substantive issues remain to be determined.

The University therefore urges members of the public to distinguish between an interim judicial order and a final determination of the substantive dispute.

 Conclusion

The University of Calabar remains a law-governed institution and will continue to act within the framework of its enabling laws, regulations and established procedures.

Management has no interest in the victimization of Reverend Ushie or any other member of the University community. Its overriding concern is the preservation of peace, security, order and the integrity of the University's institutional environment.

The leadership crisis in the church predates the present administration, and Management has invested considerable time and effort in attempting to resolve it. The decision to intervene more firmly followed an escalation of the disagreement, including a physical confrontation among some leaders, which created legitimate concerns about the safety of persons and University property.

Management's intervention was therefore a preventive and peace-building measure, undertaken to avert further escalation, protect lives and property, and restore order.

The University will continue to respect the judicial process and will refrain from prejudging matters that are before the court. At the same time, it is important that public discourse surrounding the case does not distort the circumstances that led to Management's intervention or present an ongoing legal proceeding as though the substantive dispute has already been judicially determined.

The University remains committed to peace, dialogue, lawful conduct and the overall welfare of the entire University community. Management will continue its efforts to broker a lasting reconciliation among the contending parties while ensuring that all organizations operating within the University remain subject to the laws, regulations and legitimate authority governing the institution.

 Public Relations Unit 

University of Calabar