From time to time, the National Universities Commission (NUC) notifies the public through the media of new universities licensed by the Federal Government to operate in Nigeria. As of the middle of this year, about 149 private universities operate with licence in the country. Regardless, there appears to be a serious contravention of the law in the licensing of private universities by NUC.

This matter was brought to public domain way back in 2006 when the Federal High Court, Enugu Division, ruled in favour of a private university, Richmond Open University (ROU), Arochukwu, Abia State, which was shut down by the NUC for operating without a licence. The NUC in a letter dated April 27, 2006, asked the university to apply for approval to operate as a bonafide university if it wishes.

Convinced that there was no legal justification for the action of the NUC, one of the investors, Dr. Ifeanyichukwu Okonkwo filed a suit on behalf of the university at the Federal High Court Enugu. Joined as the 1st to 4th respondents in the matter were the then Executive Secretary of NUC, Professor Peter Okebukola, NUC, the Federal Government of Nigeria and the Inspector-General of Police.

In the suit brought through an originating summons, the plaintiff sought the determination of the court: “Whether in the interpretation of Section 39 (1) & (2) of the 1999 Constitution, and the National Universities Commission Act, Sections 4 & 5 Cap N81 LFN 2004, the Richmond Open University, Arochukwu, Abia State, is an illegal private university, justifying the Acts/declarations by the 1st, 2nd and 3rd defendants, through the National Press, particularly Wednesday, April 26, 2006 ‘Daily Independent,’ that Richmond Open University Arochukwu, Abia State is illegal and to close down the illegal operations of the institution.”

The plaintiff asked the court for the following reliefs: “An order of declaration that in purview of Section 39 (1) and (2) of the 1999 Constitution, Richmond Open University, established for the dissemination of information, knowledge, ideas and opinion, is not an illegal private university.

“An order of declaration that the Acts/Declarations by the 1st and 2nd Defendants, the agents of the 3rd Defendant, through the National Press, particularly Wednesday, April 26, 2006 ‘Daily Independent’ to wit that Richmond Open university, Arochukwu, Abia State, is illegal, and to close down the illegal operations of the institution is a flagrant violation of Section 39 (1) & (2) of the 1999 Constitution.

“An Order of declaration that Section 4 and 5 of the National Universities Commission’s Act Cap N81, relates to powers and functions of the 1st and 2nd Defendants to advise the President and the governors of the state, through ministers, on the creation of new universities and other degree-granting institutions in Nigeria, and has no provision, which can legitimately limit or restrict the right of the private individual to establish a university.”

The plaintiff also requested for an order, declaring the said acts/declarations by the 1st, 2nd and 3rd defendants as illegal, arbitrary, unconstitutional, null and void, and damages in the sum of N5 million against the aforementioned defendants. Finally, he requested for an order of perpetual injunction, restraining the defendants from interfering in the institution, Richmond Open University, established for the dissemination of information, knowledge, ideas and opinions, being a business enterprise, which the plaintiffs have right to own and operate under the constitution and the defendants, have no power to abolish or close down, except as provided under the statute.

Justice Allagoa decided the suit in favour of the university. In his final judgment dated 14/7/2006, he granted the six reliefs sought by the plaintiff against the defendants. He made it very clear that by purview of Section 39 (1) and (2) of the 1999 Constitution, Richmond Open University established for the dissemination of information, knowledge, ideas and opinion, is not an illegal private university.

The judge declared that ROU did not need a licence to operate, being a university and not a radio station. He held that the declaration of the university as illegal and shutdown of its operations by NUC, were illegal and a flagrant violation of the Constitution. He also pointed out that Section 4 and 5 of the NUC Act cap N81, relates to powers and functions of the 1st and 2nd defendants (Executive Secretary and NUC) to advise the President and the Government of the State, through the Ministers, on the creation of new universities and other degree-granting institutions in Nigeria, and has no provision, which can legitimately limit or restrict the right of the private individual to establish a university.

He further declared the actions of the 1st to 3rd defendants as illegal, arbitrary, unconstitutional, null and void and hence, awarded exemplary/aggravated damages in the sum of N5 million against the 1st to 3rd defendants in favour of the plaintiffs. Finally, he granted a perpetual injunction, restraining the defendants from interfering in the institution, established for the dissemination of information, knowledge, ideas and opinion, adding that the plaintiffs have the right to own a business enterprise while the defendants have no right to abolish or close, except as provided in the statute.

On February 15, 2013, seven years after the judgment of the Federal High Court Enugu, Okonkwo, the judgment creditor, won the legal battle over the N5 million judgment debt against the NUC (judgment debtor) at the Court of Appeal, Abuja. The presiding judge, Hon. Justice Amiru Sanusi, not only set aside the ruling of Justice B.F.M. Nyako on the matter, but also granted a garnishee order against the Central Bank of Nigeria (CBN) for the payment of the judgment creditor/applicant/appellant the sum of N5 million. The Garnishee had since complied.

However, nearly two decades after the judgment, the NUC has continued to license new universities. The commission has also shutdown uncountable number of private universities for operating without licence. As usual, the commission tagged these universities “illegal universities” before closing them down, the same way it closed down Richmond University in April 2006, few months after its establishment by the founder, Mazi Professor Chris Okoro. The dream of the university at inception, was not only to pioneer space sciences in Nigeria, but also to run the best law faculty in West Africa.

To be continued tomorrow.

Dr. Nzomiwu is a communication expert and regular commentator on public affairs. Reactions are welcome via [email protected]