A legal battle that began nearly two decades ago continues to raise questions about the authority of the National Universities Commission (NUC) in regulating private universities in Nigeria. The case dates back to 2006, when the NUC shut down Richmond Open University (ROU) in Arochukwu, Abia State, for operating without a license. In response, Dr. Ifeanyichukwu Okonkwo, one of the university’s investors, filed a lawsuit challenging the NUC’s actions.
The issue first came to light when the NUC, in a letter dated April 27, 2006, instructed ROU to apply for approval to operate as a legitimate institution. Okonkwo, disputing the NUC’s actions, took the matter to the Federal High Court in Enugu. He sought to determine whether the university was legally entitled to operate, citing violations of the 1999 Constitution and the National Universities Commission Act. He argued that the NUC had no right to declare the university illegal or shut it down.
In his suit, Okonkwo sought several reliefs, including a declaration that Richmond Open University was not an illegal institution and an order restraining the NUC from interfering in its operations. The plaintiff also sought damages of N5 million for the harm caused by the NUC’s actions.
In July 2006, Justice Allagoa ruled in favor of ROU, granting all the reliefs sought by the plaintiff. The judge declared that, under the 1999 Constitution, ROU was not an illegal private university, and that the NUC had no legitimate authority to close it down. Furthermore, Justice Allagoa awarded N5 million in damages against the NUC and issued a perpetual injunction restraining the commission from interfering with the university.
Despite the court’s ruling, the NUC’s stance on private universities has remained unchanged. In 2013, Okonkwo secured another victory when the Court of Appeal ordered the NUC to pay the N5 million judgment debt. The Central Bank of Nigeria was instructed to comply with the garnishee order, ensuring the payment was made.
However, nearly 20 years after the initial legal dispute, the NUC continues to regulate the establishment of private universities in Nigeria, frequently shutting down institutions it deems to be operating without proper authorization. This includes the 2006 closure of Richmond Open University, which had been founded by Mazi Professor Chris Okoro with ambitious goals to pioneer space science and establish a premier law faculty in West Africa.
The ongoing issue highlights the tension between the NUC’s regulatory role and the rights of private individuals to establish and operate universities in Nigeria. As the NUC continues its licensing efforts, questions about the scope of its authority and the future of private universities in the country remain unresolved.
