A Federal High Court sitting in Abuja has granted an ex-parte order to serve the Attorney General of the Federation and Minister of Justice, National Universities Commission, Nnamdi Azikiwe University and the Governing Council, Nnamdi Azikiwe University by substituted means the Originating Summons in Suit No: FHC/ABJ/CS/1591/2024 filed by two lecturers of the university, namely Rev. Fr. Prof. Josephat Obi Oguejiofor and Prof. Ikechukwu Ekwealor.
Also joined in the motion ex-parte filed on October 25, and granted on October 30 are Ambassador Greg Ozuomba Mbadiwe (Pro-Chancellor/Chairman of Governing Council), Prof. Kenneth Ngwoke, Prof. Anthony Okoye, Prof. Chinedu Onyeizugbe, Dr. Ngozi Obiekwe J. Prof. Isaac Nwankwo, Prof. Chigozie Damian Ezeonyejiaku and Barr. Rosemary Nwokike (Registrar, Nnamdi Azikiwe University) as 5th to 12th Defendants.
The Plaintiffs through their Counsel, P. I. N. Ikweto, SAN, had sought an order granting leave to the Plaintiffs/Applicants to serve the Originating Process and all other processes in the Suit on the 4th to 12th Defendant/Respondent by substituted means, to wit: “By delivering the processes to the 12th Defendant either herself or by leaving the process in the office of Anambra the 12th Defendant /Respondent at the Nnamdi Azikiwe University Awka, State; and/or by posting the processes at the door of the Council Chambers of the Nnamdi Azikiwe University Awka, Anambra State.”
The Plaintiffs also sought an order deeming the substituted service of the originating processes and all other processes in this suit on the Respondents in the manner aforesaid as good and proper service.
They also sought an “Order of Injunction restraining the Defendants/Respondents from taking further steps in connection with or in furtherance of discharging any functions of the Selection Board or Joint Council and Senate Selection Board envisaged by the 1st Schedule to the Nnamdi Azikiwe University Act, 1992, pending the determination of the Applicants’ Motion on Notice; or…
“An Order directing the parties to maintain the status quo with respect to the appointment of the Vice Chancellor of the 3rd Defendant, pending the hearing and determination of the Motion on Notice filed in this Suit.”
Granting all the reliefs sought in the motion ex-parte, the presiding Judge, Justice Inyang Edem Ekwo, ordered as follows:
“Leave is granted the Plaintiffs/ Applicants to serve the Originating Process and all other processes in this Suit on the 4th to 12th Defendant/Respondent by substituted means, to wit: a. By delivering the processes to the 12th Defendant either herself or by leaving the process in the office of the 12th Defendant/Respondent at the Nnamdi Azikiwe University Awka, Anambra State.
“An Order is hereby made deeming the substituted service of the Originating processes and all other processes in this suit on the Respondents in the manner aforesaid as good and proper service.
“An Order is hereby made directing the parties to maintain the status quo with respect to the appointment of the Vice Chancellor of the 3rd Defendant, pending the hearing and determination of the Motion on Notice filed in this Suit.”
The service is “to be effected within 2 days of this Order”.
The case was adjourned to November 13, 2024 for Motion on Notice.
The enrolled order obtained by SaharaReporters on Monday, was signed by Registrar, Mrs Chioma Chijioke.
Earlier in November, the Federal Ministry of Education declared as null and void the recent appointment of Bernard Odoh as the Vice-Chancellor of the University.
The Governing Council of the University recently appointed Odoh as the school’s 7th substantive vice-chancellor.
Odoh was appointed on Tuesday, October 29, 2024 by the University’s Governing Council led by the Pro-Chancellor and Chairman of Council, Mbadiwe.
In a letter addressed to the Pro-Chancellor/Chairman of Council by Mrs. R. G. Ilyasu for the Permanent Secretary of the ministry, and dated November 1, the ministry said it had been agreed that there would be no appointments without reconciliation with the aggrieved parties of the school.
However, Onoh refuted the nullification of his appointment by the education ministry.
Insisting on the validity of his appointment, Odoh in a statement issued by his Personal Media Assistant, Mr Charles Otu, said the education ministry has no legal power to nullify and void his appointment.
He stressed that his appointment followed constitutionally stipulated due processes and guidelines.