Appeal Court Declares NUC’s Closure Of Private University Unlawful
The Court of Appeal in Enugu has upheld a previous ruling by the Federal High Court that declared the closure of Richmond Open University in Arochukwu, Abia State, by the National Universities Commission (NUC) in 2006 as unlawful.
In a unanimous judgment delivered on December 6, 2024, a three-member panel of the Court of Appeal dismissed an appeal filed by the NUC and its former Executive Secretary, Peter Okebukola, challenging the lower court’s decision. The appeal was dismissed on the grounds that it lacked merit.
Justice Olasumbo Goodluck, delivering the lead judgment, stated that the appellant’s argument—that the Federal High Court’s ruling was a nullity—was unconvincing. She explained that the lower court had correctly refused to set aside its judgment, as the exceptions cited in the case of Abana v. Obi did not apply in this instance.
The Court also rejected the argument that the involvement of Dr. Ifeanyichukwu Okonkwo, a layman, in representing the university had invalidated the case. Justice Goodluck referenced the trial court’s position that this matter should be addressed in the Court of Appeal, as further review by the same court would amount to it sitting in judgment on its own decision.
In support of the decision, Justices R. Maiwada Abdulahi and Joseph Eyo Ekanem concurred with the lead judgment.
The dispute stems from the 2006 shutdown of Richmond Open University by the NUC, which declared the institution illegal. Dr. Okonkwo, who filed the case on behalf of the university, argued that the closure violated the constitutional right to establish private universities. In his ruling, Justice A.L. Allagoa of the Federal High Court had sided with the university, stating that the NUC’s actions were unlawful and unconstitutional. He also awarded N5 million in damages to the plaintiffs and granted an injunction preventing further interference with the university.
The appeal court’s ruling reaffirms the Federal High Court’s decision, marking a significant victory for the institution and its supporters.
