Private University slams N100 billion libel suit against NUC

By: Omonigho Matthew
From: Enugu

A private Institution of higher learning, Richmond Open University, Arochukwu in Abia State has slammed N 100 billion libel suit on the National University Commission, NUC.

Fresh Angle gathered that the University instituted the suit because it was allegedly listed among illegal universities in Nigeria published in a National Daily.

In suit No. E/277/2010 filed at the Enugu High Court, the university is demanding N50billion damages for libel over a publication made in Thisday Newspaper of July 2, 2010 and the National University Commission bulletin of December 21, 2009 as well as on the internet.

The institution is also asking for another N50billion from the NUC as aggravated and exemplary damages because the defendant published the said works knowing them to be false or with reckless disregard as to whether the words were libellous of the plaintiff, purported with the intent of harming the plaintiff’s business.

The University also alleged that the NUC invented “untrue facts” about the plaintiff as a result of “personal hostility” as a revenge by the defendant towards the plaintiff for defeating the defendant in the Federal High Court suit No. FHC/EN/CS/76/2006. It claims that the said disparaging publications were tended to lower the plaintiff in the estimation of right thinking members of the society.

The publications, the university alleged were also intended to present the plaintiff to the entire public as an illegal institution and anarchist.

The University is further seeking an order of perpetual injunction restraining the NUC or its agents, privies or servants from publishing the said or similar defamatory words about it.

The University is relying on the Federal High Court Judgement of July14, 2006 which declared the institution a legal private University with a warning that any attempt to close down the University would amount to a flagrant violation of section 39 (1) and (2) of the 1999 constitution.

The High Court Judgement dated July 14, 2006 and delivered by Justice .J. Allagoa had decreed in part that in purview of sections 39 (1) & (2) of the 1999 constitution, Richmond Open University established for the dissemination of information, knowledge, ideas and opinions is not an illegal private University.