Mr. Ifeanyichukwu Okonkwo V. National Universities Commission (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MOJEED ADEKUNLE OWOADE, J.C.A. (Delivering the Leading Judgment)

This appeal stemmed from the decision of Federal High Court Enugu Judicial Division in suit No. FHC/EN/CS/214/2006, delivered on Wednesday the 4th day of March 2009 by His Lordship, Hon. Justice A. Abdu-Kafarati.

The Appellant as Plaintiff commenced the present action in the court below on 20/12/06 by way of originating summons against the Respondent.

The sole question for determination in the originating summons is:

“Whether having regard to the provisions of the 1999 constitution of the Federal Republic of Nigeria and in purview of Exhibit A, and B, the Defendant has any iota of right to issue Exhibit ‘c’ without the name of Richmond Open University, a tort against the Plaintiff and those whose interest he represents”.

The Appellant as Plaintiff sought the following reliefs:

(a) An order of Declaration that the Defendant’s act of issuing Exhibit ‘C’ without the name of Richmond Open University is unconstitutional, illegal, null and void.

(b) An order of Declaration that the Defendant in purview of Exhibits ‘A’ and ‘B’ was negligent in issuing Exhibit ‘C’ without the name of Richmond Open University.

(c) An order of Declaration that the Defendant’s act vide Exhibit ‘C’ without the name of Richmond Open University is oppressive, arbitrary, high handed and a contempt of the Court order Exhibit ‘A’.

(d) An order of Declaration that the said act of the Defendant in Exhibit ‘C’ is clearly a manifestation of vindictive and malicious act against the Plaintiff, a show of shame, and an act of executive lawlessness.

(e) An order directing the Defendant to pay to the Plaintiff the sum of twenty-five million naira (N25 million) as General Damages.

(f) An order directing the Defendant to pay to the Plaintiff the sum of ten million naira (N10 million) as Exemplary Damages for the oppressive, arbitrary and unconstitutional act, against the plaintiff.

(g) An order setting aside Exhibit ‘C’ issued by the Defendant without the name of Richmond Open University.

(h) An order of perpetual Injunction restraining the Defendant from issuing any other Public Notices regarding Private Universities in Nigeria without the name of Richmond Open University or denying the said Richmond Open University any right to statutory grants, or invitations to any meeting or functions conducted by the Defendant for privately own Universities, or interfering with the rights of the Plaintiff/Richmond Open University except as provided by the law of the land.