The Court of Appeal, Enugu Division, has upheld the decision of the Federal High Court, Enugu, which nullified the 2006 closure of Richmond Open University, Arochukwu, Abia State, by the National Universities Commission (NUC).
In a judgment delivered on December 6, the three-member appellate panel dismissed the appeal filed by the NUC and its former Executive Secretary, Prof. Peter Okebukola. The court found no merit in the appeal, affirming the lower court’s ruling in favor of the university.
The appeal named Dr. Ifeanyichukwu Okonkwo (representing Richmond Open University), the Federal Government, and the Inspector-General of Police as respondents. Delivering the lead judgment, Justice Olasumbo Goodluck rejected the appellants’ argument that the lower court’s judgment was a nullity. She emphasized that the Federal High Court was functus officio, having fully discharged its duties on the case, and could not revisit the matter.
Justice Goodluck also affirmed that the Federal High Court’s findings could only be overturned by an appellate court, which she found unnecessary in this case. Her ruling was supported by Justices R. Maiwada Abdulahi and Joseph Eyo Ekanem.
The dispute originated in July 2006 when Justice A.L. Allagoa of the Federal High Court ruled in favor of the university. Richmond Open University had filed a suit through Okonkwo, challenging its designation as an illegal institution by the NUC.
Justice Allagoa’s decision relied on Section 39(1) and (2) of the 1999 Constitution, which protects the right to disseminate knowledge and ideas. He declared the NUC’s shutdown of the university unconstitutional, awarding N5 million in damages to the plaintiffs and issuing a perpetual injunction restraining the NUC from further interference with the university’s operations.
The recent ruling further solidifies the legal standing of Richmond Open University and underscores constitutional protections for private educational institutions.