Richmond Open University: Flagrant disobedience of judgment by NUC 19/4/2009

The attention of the governing council of the Richmond Open University has been drawn to your newspaper – The Nation, Sunday Edition dated 12th April 2009, in which the Richmond Open University was falsely listed as "illegal university" among others, as you are aware that The Nation newspaper is highly respected and since we have no axe to grind, we decided to request you to kindly publish this rejoinder after you must have gone through the certified true copy of the Federal Court Judgment in favour of the Richmond Open University enclose hereby for your retention and for future guidance in order to avoid unnecessary libel and for your highly esteem newspaper not to toe the path of infamy.
The truth of the matter is that: Judgment Between:
Richard Open University
Vs
1. Professor Peter Okebukola
2. National Universities Commission
3. The Federal Government of Nigeria
4. Inspector-General of Police, Nigeria Police Force
His Lordship Hon Justice A.L Allagoa-Judge in a final judgment dated 14/7/2006 Decreed as follows:
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.
The public must know that neither the National Universities Commission nor the other defendants filed any Notice of Appeal against the final decision of the Federal High Court in suit No.FHC/EN/CS/76/2006, delivered on Friday, 14th day of July 2006.
Take Notice
that Nigeria being a constitutional democracy, the rule of law an due process must be our creed. It is court judgments that made Amaechi & Peter Obi the Governors of their respective states, including some governor’s like Governor Sullivan Chime, Governor Oshiomhole, Governor Theodora Orji Abia State, the Independent National Electoral Commission did not jump into the Atlantic Ocean. Now that Richmond Open University has defeated National Universities Commission; Julius Okojie Executive Secretary of NUC must stop insulting the Nigeria Judiciary by obeying court judgment.
Further Take Notice
that in our democracy all the governments in Nigeria as well as organizations and individuals must know how to due process of law and this they can vindicate by resorting to the courts for redress in the event of any grievance. In a society where the rule of law prevails, self-help is not available to the Executive or any arm of government, and NUC must stop using the police unduly against the university.
The likes of NUC, Julius Okojie by their unconstitutional acts in flagrant violation of a subsisting Court judgments 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.
Hon. Chima U. Nwafor
Registrar/Secretary, Richmond Open University