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From: isaac umunna <isumunna@yahoo.com>
Date: Wed, May 29, 2013 at 8:46 AM
Subject: ||NaijaObserver|| NUC LIED! WE ARE NOT ILLEGAL —Richmond University •Takes refuge in court judgement
From: isaac umunna <isumunna@yahoo.com>
Date: Wed, May 29, 2013 at 8:46 AM
Subject: ||NaijaObserver|| NUC LIED! WE ARE NOT ILLEGAL —Richmond University •Takes refuge in court judgement
NUC LIED! WE ARE NOT ILLEGAL —Richmond University •Takes refuge in court judgement
By News Express, www.newsexpressngr.com, on 29/05/2013
Richmond Open University, which was recently named among those considered illegal by Nigeria's university regulatory body, the National Universities Commission (NUC), has faulted the rating, insisting that its operations are recognised by law.
"Richmond Open University is a distance learning and legally established university recognised under the Federal Republic of Nigeria constitution confirmed by the decree of Federal High Court in Suit No. FHC/EN/CS/76/2006," said the school's Registrar/Secretary, Hon. Chima U. Nwafor, in a statement made available to News Express. He declared that "NUC cannot say Richmond Open University is illegal," asking: "Why can't NUC obey the court judgement?"
Nwafor castigated the NUC for what he termed its "flagrant disobedience of judgment."
He reminded the NUC of the July 14, 2006 Federal High Court judgment in favour of the Enugu-based university in the suit it filed against the then NUC Executive Secretary, Prof. Peter Okebukola, the NUC itself as well as the Federal Government of Nigeria and the Inspector-General of Police.
In his judgement, His Lordship Hon Justice A.L. Allagoa, had said: "I answer the only question in the Originating Summons in favour of the Plaintiff to wit:
"In the interpretation of section 39(1) & (2) of the 1999 Constitution, the National Universities Commission's act Cap N81 L.F.N 2004: the Richard Open University is not an illegal private university, justifying the action of 1st, 2nd and 3rd Defendants, having answered the question in favour of the Plaintiff. I hereby grant prayers (a) (b) (c) (d) and (f) as prayed on the Originating Summons. Relief (e) is a consequential relief for an Order for exemplary/aggravated damages 1st, 2nd & 3rd Defendants in favour of the Plaintiff."
"This is the judgment of the Court:
(a) 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.
(b) 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 S.39 (1) & (2) of the 1999 Constitution.
(c) That S.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 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.
(d) That the said acts/declaration by the 1st, 2nd and 3rd Defendants is illegal, arbitrary, unconstitutional, null and void.
(e) Exemplary/aggravated damages in the sum of N5 million against the 1st, 2nd, and 3rd Defendants in favour of the Plaintiffs.
(f) 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 Economic Enterprise which the Plaintiffs have right to own and operate under the constitution and the defendants have no power to abolish or close except as provided for under the statute."
(a) 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.
(b) 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 S.39 (1) & (2) of the 1999 Constitution.
(c) That S.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 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.
(d) That the said acts/declaration by the 1st, 2nd and 3rd Defendants is illegal, arbitrary, unconstitutional, null and void.
(e) Exemplary/aggravated damages in the sum of N5 million against the 1st, 2nd, and 3rd Defendants in favour of the Plaintiffs.
(f) 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 Economic Enterprise which the Plaintiffs have right to own and operate under the constitution and the defendants have no power to abolish or close except as provided for under the statute."
Regretting the NUC's disregard for the unambiguous court judgement, Nwafor, the Richmond Open University Registrar/Secretary, said: "Nigeria being a constitutional democracy, the rule of law and due process must be our creed. It is court judgments that made Chibuike Amaechi and Peter Obi the Governors of their respective states, including some others like Sullivan Chime, Governor Oshiomhole, Governor Theodore Orji Abia State; the Independent National Electoral Commission did not jump into the Atlantic Ocean when those judgements were given. Now that Richmond Open University has defeated National Universities Commission, Julius Okojie, the Executive Secretary of NUC, must stop insulting the Nigeria Judiciary. He should obey court judgment."
As Nwafor sees it, "The likes of NUC and Julius Okojie by their unconstitutional acts in flagrant violation of a subsisting court judgment against NUC, in favour of a law abiding corporate citizen, Richmond Open University, is a clear invitation to anarchy and totalitarianism which are antitheses to democracy and constitutional government."
•Photo shows Prof. Chris Okoro, Chancellor, Richmond Open University.
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