2.4 Approved Qualifications, Supervision of Training and Appeals

2.4 Approved Qualifications, Supervision of Training and Appeals

Statutory reference: SURCON Act, Cap S18 LFN 2004, sections 10, 11 and 12.

Section 4(b) charges the Council with determining what standards of knowledge and skill are to be attained. Sections 10 and 12 are the machinery through which it does so, and section 11 is the safeguard against its misuse.

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1. What the Council may approve (section 10(1))

For the purposes of section 9, the Council may approve:

• (a) any institution, whether in Nigeria or elsewhere, which the Council considers is properly organised and equipped for conducting a course of training approved under the section;
• (b) any course of training intended for persons seeking to become, or already being, members of the profession, which the Council considers is designed to confer sufficient knowledge and skill for practice; and
• (c) any qualification which, as a result of examination taken in conjunction with an approved course of training, is granted to candidates reaching a standard indicating, in the Council's opinion, that they have sufficient knowledge and skill for practice.

Three distinct objects of approval - institution, course, qualification - and they are approved separately. An institution may be approved while a particular course within it is not.

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2. Publication in the Federal Gazette (section 10(2))

The Council shall from time to time publish in the Federal Gazette a list of approved qualifications; and, subject to that, the Council shall not approve any qualification granted by an institution in Nigeria unless that qualification has been included in the list published by the Council.

This is where the Federal Gazette genuinely appears in the Act. Candidates often attach the Gazette to the register itself, but the register is dealt with by printing, publication and sale under section 8, not by gazetting. Gazette publication in the Act attaches to approved qualifications (s.10(2)), to instruments giving or withdrawing approval (s.10(5)(a)), and - under Second Schedule paragraph 2(2)(g) - to notice of a Disciplinary Committee direction that has taken effect striking a name off or suspending a person from practice.

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3. Withdrawal of approval (section 10(3), (4) and (5))

The Council may withdraw any approval given under the section, but only after a three-step procedure:

1. give notice of the proposal to persons in Nigeria appearing to the Council to be those by whom the course is conducted, the qualification is granted, or the institution is controlled;
2. afford each such person an opportunity of making representations to the Council with regard to the proposal; and
3. take into consideration any representations made.

Section 10(4) then protects those already through the door. During any period in which approval is withdrawn, the course, qualification or institution is not treated as approved - but the withdrawal shall not prejudice the registration or eligibility for registration of any person who by virtue of the approval was registered or eligible for registration immediately before the approval was withdrawn.

Section 10(5) governs timing and publicity. Giving or withdrawing approval has effect from such date, either before or after the execution of the instrument, as the Council may specify in it. The Council must publish a copy of every such instrument in the Federal Gazette and, not later than seven days before publication, send a copy of the instrument to the Minister.

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4. Visitors: supervision of instruction and examinations (section 12)

It is the duty of the Council to keep itself informed of the nature of the instruction given at approved institutions and of the examinations taken by persons attending approved courses. For that purpose it may appoint persons - either from among its own members or otherwise - to visit approved institutions or to oversee such examinations.

A visitor's duty is to report to the Council on:

• (a) the sufficiency or otherwise of the instruction given;
• (b) the sufficiency or otherwise of the examinations conducted; and
• (c) any other matter on which the Council requests a report.

The critical limitation is at the end of section 12(2): "but no visitor shall interfere with the giving of any instruction or the holding of any examinations." The visitor observes and reports; the visitor does not direct.

Section 12(3) closes the loop fairly. On receiving a report, the Council shall as soon as may be send a copy to the person appearing to be in charge of the institution or responsible for the examinations, requesting observations within a specified period, not being less than one month from the date of the request.

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5. Appeal against refusal of registration (section 11)

Section 11 is short and heavily examined:

11(1) Where an application in respect of any registration is refused by the Council for any reason whatsoever, the applicant may, within the prescribed period and in the prescribed manner, appeal from the decision of the Council to the Federal High Court; and where such an appeal is brought, the Federal High Court may, after considering the representation made in the matter, either confirm or set aside the decision of the Council.

11(2) Where the Federal High Court sets aside the decision of the Council, the Court shall direct the Council to register the applicant in the manner provided for in section 9.

Four points:

1. The court is the Federal High Court, not a State High Court and not the Court of Appeal at first instance.
2. The right arises where registration is refused "for any reason whatsoever" - there is no category of unappealable refusal.
3. The court's powers on the appeal are binary: confirm or set aside.
4. If it sets aside, the court shall direct registration; it does not remit the matter to the Council for reconsideration.

Distinguish this appeal carefully from the disciplinary appeal. Section 11 is about refusal of registration and lies to the Federal High Court. Section 17(6) is about a direction of the Disciplinary Committee and also lies to the Federal High Court, but within a fixed 28 days. Section 13(4) is a third and different route: refusal of a certificate of experience by an employer, appealable to a committee of the Council.

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6. Regulations (section 21)

In addition to any other power to make regulations under the Act, the Minister may make all such other regulations as may in his opinion be necessary or expedient for giving full effect to the Act and for its administration. Note the allocation of powers throughout the Act: the Council makes rules about the register (s.7(5)); the Minister makes regulations generally (s.21) and confirms fee rules (s.7(6)); and the Attorney-General of the Federation makes the rules of procedure and evidence for the Disciplinary Committee (Second Schedule, para. 2(1)).