(A CASE STUDY KEN SARO-WIWA POLYTECHNIC BORI)
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ABSTRACT
This work examined the liabilities of tertiary institutions in Nigeria, (A case study of Ken Saro-Wiwa Polytechnic, Bori, Rivers State), its main objective was basically to identify its liabilities, ascertain the sources and proffer solutions to the identified problems. Works of distinguish scholars were very much consulted. Questionnaires were used to generate the data,30 of these questionnaires were administered out of which 25 were retrieved and subjected to analysis. Tables and pie charts were used to analyze the data. The result gotten showed that Ken Saro-Wiwa Polytechnic (Bori) is faced with sources of liabilities such as tort, negligent, nuisance, trespass, contracts, defamation, strict liability and vicarious liability.For liability arising from the use of instructional materials the institution is advised to take a public liability policy of insurance. For liability arising out of the ownership and use of motor vehicle the institution is advised to take motor insurance (third party, fire and theft policy of insurance).For liability arising out of the ownership and occupation of premises the institution is advised to take a public liability policy of insurance. For liability arising from negligent of staff the institution is advised to take a professional indemnity policy of insurance. For injury and death of staff the institution is advised to take employers liability policy of insurance.
CHAPTER ONE
1.1 BACKGROUND OF THE STUDY
Territory institution in Nigeria is a phase of rapid expansion and diversification. It is also essential that higher educational institutions are encouraged to adopt international best practices and to create the right environment for the smooth growth development and enhanced performance of the higher educational sector.
Tertiary institution development worldwide at the turn of century has witnessed drastic challenges ranging from affordability and accessibility, financial austerity, faculty recruitment and retention and how to fund for the improvement of physical facilities. Funding tertiary institutions all over the world is crucial challenge for governments, policymakers and polytechnics or university administrators.
In this era of globalization there is an increasing need to gauge issues, problems and challenges confronting the sector and to build on the existing knowledge. The term tertiary institution includes nursery, primary, secondary, comprehensive, technical, boarding schools coverage’s for further education in polytechnics and universities. All these educational institutions need liability insurance to protect them against liability to scholars and members of the public. The tertiary institution (Ken Saro – Wiwa Polytechnic, Bori) comprises of the various schools stated above except grammar, technical and boarding schools and they are bound to incur liability in daily activities.
The liabilities faced by this tertiary institution (Ken Saro-wiwa Polytechnic, Bori) cannot be over emphasized which comprises of sources of liabilities such as public liability, professional indemnity liability. Liability arising from the use of contractual liability. The main source of risk is that of injury to students for the law requires a greater degree of care to be exercised to students. The duty does not require the school to take positive steps to ensure the safety of students still on these aspect of liability faced by tertiary institutions a number of tropical issues in education relating to such areas as access, relevance, equity, financing and costs, amongst others are on the hand in new of in depth investigation.
1.2 STATEMENT OF THE PROBLEM
This study is carried out to identify the liabilities of tertiary institution (A cases study of Ken Saro – Wiwa Polytechnic, Bori) and proffer solutions to them.
The following are the liabilities faced by the institution:
- Liability arising from the activities of visitors and trade- men in the premises
- Liability relating to employment
iii. Liability arising from the use of motor vehicle
- Liability arising from the use of instructional materials
- Liabilities arising from medical malpractices
- Liability arising from ownership and occupation of premises.
The above can be generalized to other tertiary or educational institution in the process of proffering solutions to them.
1.3 OBJECTIVE OF THE STUDY
The objective of this study is to identify the liabilities of tertiary institutions which will be aimed at finding out the following.
- The liability incurred by tertiary institution and to the extent of which they will be held lively
- To ascertain the factor that contribute to the liabilities of tertiary institution
iii. To ascertain sources of liabilities incurred by tertiary institution
1.4 SIGNIFICANCE OF THE STUDY
The significance of a research work should provide a justification for doing the work, (Baridam (1990,1995)”. The findings of this research work should enable tertiary institutions identify their liabilities and provide appropriate insurance policy or cover satiable for them.
The study will also lesson the burden of liabilities incurred by tertiary institutions. The study is also believed to add to the existing bulk of knowledge concerning the liabilities incurred by tertiary institutions.
1.5 RESEARCH QUESTION
- How do tertiary institutions incur liability?
- What are the liabilities incurred by tertiary institution?
iii. To what extent can tertiary institutions incur liability?
- What are the factors that influence the liabilities of tertiary institution?
1.6 SCOPE OF THE STUDY
This research work was carried out in Ken Saro – Wiwa Polytechnic, Bori (A case study) and this is because of constraints as study requires time and money available for the work and due to the nature of the topic of study. However, it is believed and hoped that the result of this research work may be applied with advantage to other tertiary institutions in Nigeria. To make the research manageable, the scope of the study was restricted to tertiary institutions in the country out of which Ken Saro-Wiwa Polytechnic; Bori was selected for the study.
1.7 LIMITATION OF THE STUDY
The study is limited to Polytechnic executives – Rector, Registrars, lecturers, prudent underwriters and directors of the institution, (Ken Saro Wiwa Polytechnic, Bori), administrators and board members of the institution were also included.
A few government officials from the ministry of Education, National council for tertiary institutions or Education and administrators and Board of trustees serving the Nigeria Educational Trust Fund were also interviewed. The time and sources were a limitation to the study. Being the instrument and the sole interviewer of the study my biases may have influenced the interpretation of the research findings.
Additionally, as a Nigerian and as a student who has witnessed both the challenges facing higher education in Nigeria and the deplorable state of the national economy, I am deeply touched by the plight of higher education in the country and this may have affected how the findings were analyzed.
1.8 DEFINITION OF TERMS
- Analysis: This is the detailed study or examination of something in order to understand more about it; the result of the study. It could also be the careful examination of a substance or a study in order to find out what it consists of.
- Liability: This is the state of being legally responsible for something. It could also be an obligation, debt or responsibility owed to someone i.e. causing damage to property or injury to a person.
iii. Tertiary: This is referred to as the third in order rank or importance, subsequent i.e. tertiary education.
- Institution: This refers to a large important organization that has a particular purpose for example, a university or polytechnic: an educational institution.
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