The Court of Appeal, Enugu Division, has upheld the judgment of the Federal High Court, Enugu, which nullified the 2006 closure of Richmond Open University, Arochukwu, Abia State, by the National Universities Commission.
In a unanimous decision delivered on December 6, a three-member panel dismissed the appeal filed by the NUC and its former Executive Secretary, Prof. Peter Okebukola.
The appellate court ruled that it found no merit in the appeal by the NUC and upheld the lower court’s ruling in favour of the university.
The appeal listed Dr. Ifeanyichukwu Okonkwo (on behalf of Richmond Open University), the Federal Government of Nigeria, and the Inspector-General of Police as the first, second, and third respondents, respectively.
Delivering the lead judgment, Justice Olasumbo Goodluck rejected the appellants’ arguments that the lower court’s ruling was a nullity.
She affirmed that the Federal High Court was correct in refusing to set aside its judgment, noting that the exceptions cited in Abana v. Obi—cases warranting such an action—did not apply.
On the issue of the originating summons filed by Okonkwo, a layman representing the university, Justice Goodluck agreed with the trial court’s stance.
She quoted the trial court’s decision: “This honourable court is functus officio on the judgment. Revisiting the matter would amount to sitting on appeal over its decision, which is beyond its jurisdiction.”
Justice Goodluck further emphasised that only an appellate court could overturn the findings of the Federal High Court.
She stated: “This case clearly does not fall under the exceptions for setting aside the lower court’s judgment. Consequently, the trial court rightly dismissed the appellants’ application.”
Her judgment was supported by Justices R. Maiwada Abdulahi and Joseph Eyo Ekanem, who concurred
The dispute dated back to July 2006, when Justice A.L. Allagoa of the Federal High Court, Enugu, ruled in favor of Richmond Open University.
The university had filed a suit through Okonkwo, an activist and investor, challenging its designation as an illegal institution by the NUC.
Justice Allagoa’s judgment relied on Section 39(1) and (2) of the 1999 Constitution, which protects the right to disseminate information, knowledge, and ideas.
He declared the NUC’s shutdown of the university illegal and a violation of constitutional rights.
The court also ruled that the NUC Act did not grant the commission the authority to restrict private individuals from establishing universities.
Justice Allagoa described the actions of the NUC, Okebukola, and other defendants as unconstitutional, null, and void.
The judgment awarded N5m in exemplary damages to the plaintiffs and issued a perpetual injunction barring the NUC and other defendants from interfering with the university’s operations.