ORIGINATING SUMMONS AGAINST THE NATIONAL UNIVERSITIES COMMISSION (NUC)

IN THE FEDERAL HIGH COURT OF NIGERIA OF NIGERIA HOLDEN AT BUJA

BETWEEN

PROF (SENATOR) DAVID IORNEM
(Doing business under the name and style of
New Idea Management Consultants)………….…………………PLAINTIFF

AND

NATIONAL UNIVERSITIES COMMISSION (NUC)…………………DEFENDANT

ORIGINATING SUMMONS

Let the Defendant of Plot 430, AguiyiIronsi Street, Maitama District, Abuja in Abuja Division of this Honorable Court within eight days and after service of the summons on them, inclusive of the day of such service, cause an appearance to be entered for them for the summons which is issued upon the application of Professor (Senator) David Iornem (doing business under the name and style of New Idea Management Consultants of No. 18/19, Ahmadu Bello Way, Kaduna) for the determination of the following questions:

  1. Whether on a proper and calm interpretation of Section 4(1) of the National Universities Commission Act, LFN Cap 283 1990, the Functions of the National Universities Commission extend to restriction of consultancy agreement or relationships between the Plaintiff (educational consultant)and a student wanting to enrol or enrolled on a distance learning programme of St Clements University, Commonwealth Open University, Heriot-Watt University, Edinburgh, University of London External Degrees or any other University in the world?

  2. Whether on a proper interpretation of Section 4(1) of the National Universities Commission Act, CAP 283 LFN 1990, the Functions of the National Universities Commission extend to regulation of consultancy agreement between Plaintiff, consultant and foreign universities for the purposes of recruiting Nigerian students who wish to study in St Clements University or any other foreign University?

  3. Whether the consultancy arrangement between Plaintiff consultant and St Clements University or any other foreign University to recruit students for the St Clements University or any other foreign university to be trained by St Clements University or any other foreign university and issued with certificates of St Clements University or any other foreign university amounts to establishing an illegal offshore degree programme contrary to the Education (National minimum Standards and Establishment of institutions) (Amendment) decree 1993?

  4. Whether on a clear interpretation of Section 1 (2) and paragraph 5(1) – (3) the Schedule to the National Universities Commission ACT Cap 283 the LFN 1990 the investigation of the activities of the Plaintiff by an NUC investigative team of two, led by Prof I. I. Uva, a director with the National Universities Commission, neither of the investigative team member being a member of the Commission was proper and legal?

  5. Whether or not the acts of the NUC of making decisions on the findings of the investigative team as contained in the NUC Bulletin of Monday, August 29, 2005 Vol. 4 No. 35 without providing opportunity to the Plaintiff to make representations to the Defendant on those findings before making the said decisions is a violation of the Fundamental Rights of the Plaintiff as guaranteed under section 36 (1) – (3) of the 1999 Constitution of the Federal Republic of Nigeria?

  6. Whether or not the decision of the Plaintiff to recruit candidates for distance learning programmes run by foreign universities or Full-time programmes in their country amounts to running foreign universities’ distance learning or Full-time programmes in Nigeria.

  7. Whether or not NUC has power under the law to prevent Nigerians from taking advantage of distance learning programmes offered by foreign universities?

  8. Whether or not on a proper interpretation of Section 39 (1) of the 1999 Constitution the decision of the Defendant to close down the office of the Plaintiff and to prevent the Plaintiff from rendering professional and consultancy services to his client amounts to a violation of the rights to freedom of expression of the Plaintiff?

  9. Whether or not the Defendant has the powers under the provision of Section 4(1) of the National Universities Commission Act LFN Cap 283, 1990, to stop a Nigerian from providing information, advice or consultancy to any individual, student or organisation seeking to learn through open distance education provided by any foreign university as is done by the Plaintiff in this case?

 

 

 

RELIEFS CLAIMED

The Plaintiff claims the following reliefs:

  1. A declaration that the Defendant’s functions under the law does not extend to regulation of consultancy agreement or relationships between the Plaintiff (educational consultant) and a student wanting to enrol or enrolled on a distance learning programme of St Clements University, Commonwealth Open University, Heriot-Watt University, Edinburgh, University of London External Degrees, or any other University in the world.

  2. A declaration that the Defendant has no power under Section 4(1) of the NUC Act Cap 283 LFN 1990 to regulate consultancy agreements between the Plaintiff and a foreign university for the purpose of recruiting students who wish to study in St Clements University or any other foreign University

  3.  Declaration that the consultancy arrangement between the Plaintiff (Consultant) and St Clement University or any other foreign University to recruit students for St Clement University or any other foreign university to be trained by St Clements University does not amount to establishing an illegal degree programme contrary to Education (National Minimum Standards and Establishment of Institutions) (Amendment) Decree 1993.

  4. A declaration the investigative team set up by the Defendant to investigate the activities of the Plaintiff is illegal and all findings by the Panel are null and Void, the investigative panel not been properly constituted

  5.  Declaration that the act of the Defendant of making decisions on the findings of the investigative team as contained in the NUC Monday Memo of August 29, 2005 without providing opportunity to the Plaintiff to make representations to the Defendant on those findings is a flagrant violation of the right of fair hearing to the Plaintiff as guaranteed under Section 36(1) – (3) of the 1999 Constitution.

  6. A declaration that all the decisions of the Defendant taken in violation of the fundamental rights to fair hearing of the Plaintiff are Null and Void and of no effect.

  7. A declaration that the process followed by NUC in this matter is vitiated by bias, bad faith and failure to observe due process.

  8. An order of injunction restraining the Defendant, their servant agents or privies from taking any action or step with respect to the findings of the investigative team and decision of the NUC on those findings as contained in Monday memo of the NUC office of the Executive Secretary of August 29, 2005 as it affects the Plaintiff.

  9. An order of injunction restraining the Defendant, their servant agents or privies from placing any advertisement in any newspaper as regards the subject matter of this suit or writing to anybody, describing the activities of the Plaintiff as illegal.

  10. A declaration that the decision of the Defendant to close down the office of the Plaintiff and to prevent the Plaintiff from rendering professional and consultancy services to his clients amounts to a violation of the rights to freedom of expression of the Plaintiff.

  11. A declaration that the Defendant has no powers under the provision of Section 4(1) of the National Universities Commission Act LFN Cap 283, 1990, to stop a Nigerian from providing information, advice or consultancy to any individual, student or organisation seeking to learn through open distance education provided by any foreign university as is done by the Plaintiff in this case.
  12. Any further order or orders as the Honorable Court may deem fit to make in the circumstance of this application.

 

AND FURTHER TAKE NOTICE that the grounds of this originating summons are as follows:

  1. That the Defendant’s functions under the law does not extend to regulation of consultancy agreement or relationships between the plaintiff (educational consultant) and a student wanting to enrol or enrolled on a distance learning programme of St Clements University, Commonwealth Open University, Heriot-Watt University, Edinburgh, University of London External Degrees, London Training and Development Centre, Kings Institute London or any other University in the world.

  2. That the Defendant has no powers to regulate a consultancy arrangement between the Plaintiff and St Clements University or any other foreign university to recruit Nigerians students who wish to study in St Clements University or any other foreign University.

  3. That the consultancy arrangement between the Plaintiff and St Clements University does not amount to establishing of an illegal university.

  4. That the decision of the NUC as contained in Monday memo of August 29, 2005 violates Section 36 (1) – (3) of the 1999 Constitution and are Null and Void

  5. The process followed by the NUC in this matter is vitiated by bias, bad faith and failure to observe due process.

  6. That the Plaintiff had been denied the right to fair hearing.

  7. That the decision of the Defendant to close down the office of the plaintiff and to prevent the Plaintiff from rendering professional and consultancy services to his clients amounts to violation of the rights to freedom of expression of the Plaintiff.

  8. That the Defendant has no powers under Section 4(1) of the National Universities Commission Act LFN Cap 283, 1990, to stop a Nigerian from providing information, advice or consultancy to any individual, student or organisation seeking to learn through open distance education provided by any foreign university as is done by the Plaintiff in this case.

 

 

Dated this 30th day of August, 2005.

 

……………………………………
B.J. IHYOM Esq

This summons was taken out by B.J. Ihyom Esq of Jerry Akpan& Co. Legal Practitioners, No. 12 Ali Akilu Road, Makurdi, Legal Practitioners for the above named Plaintiff.

The Defendant may appear hereto by entering personally or by a legal practitioner either by handing in the appropriate forms duly completed at the Federal High Court Registry or by sending them to that office by post.

Note: If the Defendant does not enter appearance within the time and the place above mentioned, such order will be made and proceedings make be taken as the Judge may think just and expedient.

 

Issued on 31st day of August, 2005
By order of the Court

 

……………………………………………………………………………
JUDGE

 

 

EXHIBIT B

 

August 16, 2005

Executive Secretary
National Universities Commission
Abuja

Dear Sir,

COMPREHENSIVE SUBMISSION ON PROGRAMMES OF NEW IDEA MANAGEMENT CONSULTANTS AND THE OPEN LEARNING NETWORK

On August 5, 2005, an NUC Team of two led by Professor I. I. Uva visited my office in Kaduna. They asked me about the educational services we render. I explained our mission, services and activities to them. Because I was going to sit for an examination that afternoon, I could not submit a written explanation, but I gave them full details and several documents to support the facts.

During the discussion, words such as “You are breaking the law” and “We can close this place down” frequently featured. The purpose of this submission is to restate the facts which I explained to them. I have also gone a step further to swear to an affidavit, affirming these facts and such a clear manifestation of my commitment to the truth and veracity of these facts.

INTRODUCTION
I am Senator (Professor) David Iornem. I am a management consultant and a management trainer duly accredited by the Nigerian Council for Management Development, the Federal Government agency responsible for management training matters. (See Appendices 1 and 2). My trading names are the New Idea Management Consultants and Open Learning Network. Wherever I say “we” or us” in this letter, I am referring to my trading names and my staff.

I have trained and acquired expertise in the training of managers, entrepreneurs and military persons who are working and wish to undertake self-development through private home study. Such people do not attend any classroom lectures anywhere in Nigeria but they study at a distance wherever they may be. I have at least 3 Senior State Security Service personnel who are/have been students on these programmes and one Police AIG who can testify to the true nature and modus operandi of the distance learning/home study programmes for which we serve as consultants.

OUR SPECIFIC SERVICES

  1. We consult for self-motivated employed mature adults who elect to study privately at home or by distance learning to improve themselves. Such candidates may be working towards a professional qualification such as Chartered Institute of Stockbrokers (Appendix 3), Chartered Institute of Marketing, Institute of Professional Financial Managers, Advertising Practitioners Council of Nigeria (Appendix 4); or they may be working towards a degree to be awarded by the University of their choice anywhere in the world and we do not award such degrees. (See Appendix 5). We also consult for students who wish to travel to foreign countries to study full-time certificate, diploma and degree courses.

  2. Some of the concerned educational Institutions have issued formal authorisation and appointment to me in respect of the services we render and I have attached these as evidence. (see Appendix 6, 7, 8, 9 & 10). Some others such as University of London, as a policy, do not appoint consultants or agents in a formal sense, but they provide a code of ethics, which you are given and expected to follow. Breach of the code could lead to a public disclaimer of your services; and I have subscribed to the code of ethics of the University of London.

  3. We serve as student consultant for University of London external degree candidates. We can guide candidates to enrol at a fee.

  4. We have developed expertise in helping managers, top executives and professionals to meet their continuing education and self-development needs; and we project our outfit as a “one stop shop” where you can be assisted to have access to management training courses or any distance learning programme anywhere in the world.

  5. We serve as a student consultant for working executives and professionals who wish to study for the Open University Programmes of St Clements University, a distance learning private institution set up in the UK self-Governing Territory of Turks & Caicos Islands in the British Caribbean. (See Appendices 11 & 12).

  6. We serve as a student consultant for candidates who wish to travel to UK to study for a degree or any course in virtually any institution, but particularly at London College of Advanced Studies, which is also a campus of the St Clements University. (See Appendix 13).

  7. We serve as a student consultant to candidates who wish to travel to Germany to study full time at the government owned University of Applied Science at Ludwigshafen, Germany. All the candidates we recruit have a unique privilege of working in big Germany companies while studying. I have attached the evidence of authorisation by the Germany Government for such candidates to work while studying in Germany (See Appendix 14 & 15).

  8. We provide other management consultancy services as listed and explained in the enclosed brochure. In this regard, we have served many clients including Federal Agencies and the Presidency. (See Appendix 16).

  9. We assist distant learning students by linking them with experts in their own field who serve as their mentors for the purpose of grooming them to become experts as well. Such experts may be Nigerians or they may be from other lands.

  10. We serve as recruitment agent for Cambridge University, Judges Institute of Management (See Appendix 17).

  11. We serve as consultant to intending students of the Commonwealth Open University, a virtual University operating from British Virgin Islands (See Appendix 18)

  12. We serve as student consultant for the London Training and Development Centre, a computing and Language training outfit.

  13. We serve as student consultant for the Kings Institute, London, a computing and language training outfit.

  14. We serve as consultant to the Island University Panama and I, Prof David Iornem, am one of the promoters of this new University being set up under Panamian Jurisdiction as a non-profit making non-governmental higher education institution.

  15. We have privileged contacts with several other educational institutions where we are able to facilitate enrolment of students on full-time or distance learning basis. Some of these are Heriot-Watt University Edinburgh, Portsmouth University at Portsmouth, Robert Gordon University in Scotland, Interactive University in Scotland, American Central University (ACU), and Leicester University.

  16. Under our open Learning Network, we have trained over 1,200 leaders in Tivland through short (one to three days) courses targeting village Heads, Kindred Heads, Community Development Association Leaders, Church Leaders, Thrift and Credit Society (Called Bam in Tiv) leaders and local civil society leaders.

 

WHAT WE DO NOT DO

  1. We do not operate a University

  2. We do not award degrees

  3. We do not hold classes for programmes of any University

  4. We do not make any claims about NUC Accreditation for any of the programmes, which our clients voluntarily choose to pursue. In fact, we do objectively advise university teachers who approach us for distance learning possibilities in realising their degree objectives (See Appendix 20).

  5. We do nothing in violation of any education laws in Nigeria as law-abiding citizens.

Sir, I have tried to give you as detailed information as possible regarding the kind of services we provide so as to debunk any misconception or misinterpretation you may have gathered about us.

We affirm these facts with an affidavit sworn before Court of Law to demonstrate that we truly state what we do and that we have nothing to hide.

Thank you.

 

Professor David Iornem
CLIENT SERVICES DIRECTOR

 
 
 
NATIONAL UNIVERSITIES COMMISSION (NUC) VERSUS
SENATOR PROFESSOR DAVID IORNEM