In the Federal High Court of Nigeria, In the Ibadan Judicial Division, holden at Ibadan on Tuesday, July 26, 2011. Before His Lordship, Justice Jonathan Shakarho.Suit No. FHC/IB/CS/50/2009BetweenReverend Segun Ademola Alli........................PlaintiffAnd 1) The National Universities Commission Lead City University, Ibadan } DefendantsIf the National University Commission (NUC) wants an institution closed down, it can only recommend to the President or Governor through the Minister, the closure of any such institution, so declared a Federal High Court Judge, Justice Jonathan Shakarho in his judgment while determining a suit filed by a student of Lead City University, Reverend Segun Alli against the NUC.Facts: The plaintiff herein was a law student of a private tertiary institution 'The Lead City University, Ibadan from 2005'2009 graduating with a first class honours degree from the Faculty of Law. The plaintiff complained that the NUC voided the accreditation accorded the University. The plaintiff consequently filed an originating motion seeking some reliefs against the defendants.The plaintiff raised four questions for determination and sought for eight reliefs.Issues: The question put forward by the plaintiff for determination were:1) Whether the 1st defendant has the power in law to declare the faculty of law, Lead City University, Ibadan and its law programme illegal, unapproved and unrecognised as it has impliedly done in its advertorial in The Nation Newspaper of Monday, October 12, 2009, same having been approved, recognised and licensed by the Federal Government of Nigeria and the 1st defendant in its letter Ref No. NUC/AS/122/Vol. 1 of 15 April, 2008.2)Whether the 1st defendant has the power in law in view of the provision of sections 10 and 11 of the Education (National Minimum Standard and Establishment of Institution) Act Cap E3, Law of the Federation of Nigeria 2004 and letter NUC/EC/ACCRED/Vol. 1/03 of 22 September, 2008 to declare invalid the accreditation of the Law programme of the Lead City University, Ibadan.3) Whether the National University Commission Act, Cap N81 and the Education (National Minimum Standard and Establishment of Institution) Act Cap E3, Law of the Federation of Nigeria 2004 predicate the performance of the functions of the 1st defendant on the presence, control, direction, dictation and or supervision of another statutory body in this case, the Council of Legal Education.4) Whether the 1st defendant is not stopped in law to declare the law programme of the Lead City University, Ibadan, legal, unapproved and recognised having regard to its letter NUC/AS/122/Vol. 1 of 15 April, 2008.Reliefs Sought1) A declaration that the 1st defendant has no power to disapprove the law programme of the Lead City University, Ibadan as it has purpotedly done as it was not made in conformity with section 4(i) (a), (b) (i), (ii) and (iii) of the National Universities Act 2004.2) A declaration that the 1st defendant's act of declaring the accreditation exercise of may 2008, invalid the reason that the 'Legal Council of Education was not represented' is ultra vires its power under Ss 10 and 11 of Education (National Minimum Standard and Establishment of Institution) Act 2005 is illegal, null and void.3) A declaration that the 1st defendant is stopped from resiling in the approval and recognition it had earlier accorded the law programme of Lead city University, Ibadan.4) A declaration that the 1st defendant is bound in law to issue the result of the accreditation exercise of may 2008 applying only its stated yardstick as contained in paragraph 2 (a), (b) and (c) of its letter NUC/ES/ACCRED/Vol. 1/03 of 22 September, 2008.5) An order compelling the 1st defendant to include the Faculty of Law, Lead City University, ibadan in the list of approved legal and recognised faculties of law in Nigerian universities.6) N50 million as general damages from the 1st defendant only.7) an order of prohibition restraining the 1st defendant, its agents and or privies from any further act that will portray the Faculty of Law, Lead City University, Ibadan as illegal, unapproved and unrecognised.LAW REPORTThe 1st defendant filed a counter-affidavit of 16 paragraphs and a written address. The counsel for the 1st defendant formulated two issues for determination as follows;1) Is there any legal relationship between the 1st defendant and the plaintiff in this case'2) If the answer to the first issue is in the negative, what is the 'standing' of the plaintiff in this case'The counsel for the 1st defendant highlighted the statutoty functions of the NUC and argued that there was no direct relationship between the plaintiff and the NUC as the plaintiff was not a university. That being so, the first defendant counsel maintained that the plaintiff had no locus standi and urged the court to dismiss the case.Resolving this issue, the court noted that the plaintiff had established a special, though private interest in the subject matter. The plaintiff's complaint is that the directive or action of the NUC has or was going to affect his interest as a law graduate who is intending to process to the Nigeria Law School. The court stated that with this, the plaintiff had thus established a locus standi to institute the action.In deciding an issue on whether the NUC has the power in law to declare the Faculty of Law, Lead City University, Ibadan and its law programme illegal, unapproved and unrecognised as it had impliedly done in the advertorial in The Nation Newspaper of Monday, October 12, 2009, 2009, the court declared that there was no part of the National University commission Act, Cap N81, Law of the Federation of Nigeria, 2004 that authorised the commission to shut a university or de-accredit any of its programmes.It held that the power of the commission was mainly to advise the president of the federation and governors of states through the minister on the creation of new universities and others degree awarding institutions in Nigeria.According to the court, if the commission wanted an institution closed down, it could only recommend to the president or governor through the minister, the closure of any such institutions.The court held that the NUC was estopped from denying its approval for the establishment of the faculty of law and there is no provision of the National Universities Commission Act and the Education (National Minimum Standard and Establishment of Institution) Act Cap E3, LFN 2004 which gives cover to any misdeed of the 1st defendant.The court said it had seen the law or Act setting up the council of Legal Education and declared that the law did not have a supervisory role or control of accreditation and withdrawal of accreditation of law faculties in Nigerian Universities, public or private, federal or state.It declared that there were ways the council of legal education could have resolved the issue. The council, according to the court, should have caused the Lead City University to rectify any deficiency caused by its absence during the 'purportedly void' accreditations. the council should have arranged another visitation.The court expressed the view that the NUC cannot in any guise whatsoever predicate its activities on another statutory body which did not have a statutory supervisory role over it. That, it said, would amount to gross abdication of ones responsibility. That is void'the 1st defendant cannot benefit from its own wrong. See Akpene V Barclays bank (1977) Isc 47, Peenok V Hotel Presidential (1982) 12Sc.In conclusion the Judge said, 'I have read the processes filed by the Plaintiff and Ist Defendant and the authorities cited. I am satisfied that the Plaintiffs case ought to succeed. I make the following orders' '1. It is hereby declared that the Ist Defendant has no power to disapprove the law programme of the Lead City University, lbadan as it has purportedly done as same was not made in conformity with: Section 4(i)(a), (b)(i), (ii) and (iii ) of the National Universities Acts, 2004 '2. It is declared that the 1st Defendant's act of declaring the accreditation exercise of May, 2008 invalid for the reason that the Legal Council of Education was not represented is ultra vires its powers under Sections10 and 11 of Education (National Minimum and Establishment of Institutions) Act, 2005, is illegal, null and void and or no effect whatsoever. '3. The 1st Defendant is estopped or restrained from resiling from the approval and recognition it had earlier accorded the law programme or the Lead City University, lbadan. '4. The 1st Defendant is hereby ordered to issue the result or the Accreditation Exercise of May, 2008 applying only its stated yardstick as contained at paragraph 2((1), (b) and (c) of its letter with Reference Number NUC/LSSI ACCRED/Vol.1/03 of 22nd September, 2008. '5. The 1st Defendant is ordered to include the Faculty of Law, Lead City University, Ibadan in the list of approved, legal and recognized faculties of Law of Nigerian Universities with effect from 15th April, 2008. '6. The 1st Defendant is prohibited or restrained by itself, agents, and privies from any act that will portray the Faculty of law, Lead City University as illegal, unapproved and unrecognized. '7. The 1st Defendant shall within a period not exceeding 60 days arrange and secure from the Council of Legal Education a date and visit to re-assess the facilities of the Faculty or Law, Lead City University, Ibadan to cure any lapses or perceived deficiency to enable the graduated law students proceed to the Nigerian Law School this year, 2011. '8. I award the sum ofNl0,000 as damages against the 1st defentdant only in favour of the Plaintiff .'Appearances: Rev'd Segun Alli for himself as plaintiff. Otunba E.A. Solanke for the 1st Defendant and O.B. Ogunkeye Esq, with F.O. Akinroye (Miss) for the 2nd Defendant;
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