The Court of Appeal, Enugu Division, recently ruled on an appeal brought by the National Universities Commission and its former Executive Secretary, Peter Okebukola. The appeal challenged a previous judgment that nullified the closure of Richmond Open University in Abia State by the commission in 2006. The Court of Appeal unanimously dismissed the appeal, finding no merit in it.
The judgment highlighted that the lower court was correct in its decision not to set aside its initial ruling. The case involved arguments about the legitimacy of the process followed by the respondents, particularly regarding the representation of Richmond Open University by a layman. The appellate court agreed with the lower court’s stance on this matter.
The lead judge emphasized that any reconsideration of the trial court’s findings should be handled by the Appellate Court, and the exceptions for setting aside the judgment did not apply in this case. Therefore, the trial court’s decision to dismiss the application to set aside its judgment was deemed appropriate by the Appeal Court.
The two other justices on the panel concurred with the lead judgment. The initial ruling in favor of Richmond Open University in 2006 was based on constitutional provisions that deemed the university legal and protected its right to operate without interference.
The judgment also highlighted that the actions taken by the NUC and others against the university were deemed illegal, arbitrary, and unconstitutional. The court awarded exemplary damages and issued a perpetual injunction to prevent further interference with the university’s operations.
In conclusion, the Court of Appeal upheld the previous ruling in favor of Richmond Open University, emphasizing its right to exist and operate within the boundaries of the law.