An appeal by the National Universities Commission and its former Executive Secretary, Peter Okebukola, against the Federal High Court Enugu Division’s decision to overturn the commission’s 2006 closure of Richmond Open University, a private university in Arochukwu, Abia State, was denied by the Court of Appeal, Enugu Division.
The three-member Court of Appeal panel dismissed the appeal on the grounds that it lacked merit in a unanimous ruling that was given on December 6 and that our correspondent was able to get on Sunday.
Dr. Ifeanyichukwu Okonkwo represented himself and Richmond Open University, the Federal Government of Nigeria, and the Inspector General of Police, respectively, as the first, second, and third respondents in the appeal.
Justice Olasumbo Goodluck, who delivered the lead judgement, said she was not convinced by the appellant’s claim that the lower court’s ruling was invalid and might be overturned by the lower court itself.
According to the judge, the lower court correctly refused to overturn its ruling because the Abana v. Obi exceptions, which would have allowed the court to overturn its conclusions, did not apply in this particular case.
The appellate court concurred with the trial court’s ruling regarding the appellant’s claim that the entire procedure filed by the respondent was nullified by the original summons issued by layman Ifeanyichukwu Okonkwo.
“This Honourable Court is functus officio on the judgement on the issue of Mr. Okonkwo, a layman appearing for and on behalf of Richmond Open University to conduct this matter,” the judge stated, quoting the trial court. The MODE NIG LTD v. UBA (above) case is authoritative on the subject, but it is better to bring the matter before the Court of Appeal because any additional review of this court’s judgement from 14/7/06 would require this Honourable Court to sit on appeal of its ruling, and I will not give in to the pressure.
“I am unable to fault the trial court’s decision in this regard,” Justice Goodluck went on. Only the Appellate Court has the authority to evaluate any attempt to overturn the learnt trial court’s conclusions regarding the judgement on the merits. The lower court’s judgement cannot be overturned in this instance due to certain exceptions. Essentially, the appellant’s request to have its judgement set aside was properly denied by the trial court.
As a result, the application was dismissed when the judge determined it lacked merit.
Justice Goodluck’s lead judgement was concurred with by Justice Joseph Eyo Ekanem and Justice R. Maiwada Abdulahi, the other two members of the Appeal Court bench.
Recall that in July 2006, Dr. Okonkwo, an activist who claimed to be an investor in Richmond Open University, filed a lawsuit on the university’s behalf. The lawsuit was filed by Dr. Okonkwo, who was then a judge in the Federal High Court Enugu Division. The judge’s decision was in favour of Richmond Open University.
Professor Okebukola of NUC, the Inspector-General of Police, and the Federal Government of Nigeria joined the suit as the first through fourth respondents.
In his final ruling on July 14, 2006, Justice Allagoa ruled that Richmond Open University was not an illegal private university in accordance with Sections 39(1) and (2) of the 1999 Constitution because it was founded for the purpose of disseminating knowledge, ideas, and opinions.
The judge concluded that the NUC’s decision to declare the private institution unconstitutional and to shut it down was illegal and a blatant breach of the Constitution.
Sections 4 and 5 of the NUC Act, Cap N81, which deal with the Executive Secretary’s and NUC’s authority and duties to advise the President and the State Government on the establishment of new universities and degree-granting institutions, do not, according to Allagoa, contain any clauses that would lawfully restrict or limit a private individual’s ability to start a university.
In addition, he ruled that the NUC and others’ conduct were unlawful, capricious, unconstitutional, and void, and he granted the plaintiffs N5 million in exemplary damages against them.
He upheld the plaintiffs’ right to run a business venture and ordered a perpetual injunction prohibiting the defendants from interfering with Richmond Open University. The defendants were not allowed to close or abolish the university unless specifically authorised by law.
The plaintiffs received N5 million in damages from the defendants.
