The Court of Appeal in Enugu has upheld the judgment of the Federal High Court, which ruled that the National Universities Commission (NUC) and its former Executive Secretary, Professor Peter Okebukola, acted unlawfully when they closed down Richmond Open University in Arochukwu, Abia State, in 2006.
In a unanimous decision delivered by a three-member panel of justices on December 6, the Appeal Court dismissed the NUC’s appeal, stating that it lacked merit.
The case concerned a lawsuit filed by Dr. Ifeanyichukwu Okonkwo, a representative of Richmond Open University, challenging the NUC’s closure of the institution.
The other respondents in the appeal were the Federal Government of Nigeria and the Inspector General of Police.
Justice Olasumbo Goodluck, delivering the lead judgment, rejected the appellant’s argument that the lower court’s judgment was a nullity, emphasizing that the Federal High Court had rightly dismissed the NUC’s application to set aside its judgment.
The appellate court supported the trial court’s decision to decline the NUC’s request, finding that there were no grounds to alter the previous ruling.
Justice Goodluck further dismissed the NUC’s claim that the originating summons, filed by Okonkwo, a layman, invalidated the entire process.
She referred to the trial court’s reasoning, which noted that the matter was best addressed at the appellate level and that any attempt to review the decision at the trial court would amount to the court overstepping its role.
The Appeal Court judges, Justice R. Maiwada Abdulahi and Justice Joseph Eyo Ekanem, concurred with the lead judgment, affirming the decision of the lower court.
The dispute began in 2006 when Richmond Open University, founded by Okonkwo, was closed by the NUC, which declared it an illegal institution.
Okonkwo, who represented the university in court, argued that the closure was unconstitutional and violated the right to establish a private university in Nigeria.
In a landmark judgment delivered on July 14, 2006, Justice A.L. Allagoa of the Federal High Court ruled in favor of Richmond Open University.
The court held that, under the Nigerian Constitution, the NUC had no legal basis to shut down the university.
Justice Allagoa further declared that the NUC’s actions were unconstitutional, arbitrary, and void, emphasizing that there was no provision in the NUC Act that could restrict private individuals from establishing a university.
In addition, the court awarded N5 million in exemplary damages against the NUC and other defendants, which was subsequently paid to the plaintiffs.
A perpetual injunction was also issued, preventing the defendants from further interfering with the operations of Richmond Open University.
