Court Strikes Out Alumni Association’s Case Against Rivers College Provost Prof. Franklin’s Reappointment

Hon. Justice Zaynab Bashir of the Portharcourt Judicial Division of the National Industrial Court has struck out the case filed by the Incorporated Trustees of Rivers State College of Health Science and Management Technology Alumni Association against the Attorney General of Rivers State and 5 others challenging the re-appointment of Prof. Franklin as provost of the Rivers State College of Health and Management Technology by the Governor of Rivers State.

The Court ruled that the Incorporated Trustees of Rivers State College of Health Science and Management Technology Alumni Association’s lack of locus standi to initiate the instant suit renders the suit liable to be struck out.

From facts, the Claimants – the Incorporated Trustees of Rivers State College of Health Science and Management Technology Alumni Association had sought among others for the determination whether the unilateral re – appointment of the 3rd defendant as provost of the Institution by the Governor of Rivers State, herein represented by the Attorney General of Rivers State, was not done contrary to the provisions of the Rivers State College of Health Science and Management Technology Law, 2019, and therefore illegal, null and void.

Consequent upon the answers, the Incorporated Trustees also sought for an order mandating the Governor of Rivers state, Rivers State College of Health and Management Technology to Constitute the Governing Council of the 2nd Defendant forthwith, with the Alumni represented, in line with the Rivers State College of Health Science and Management Technology Law, 2019.

In defense, the Attorney General of Rivers State filed a notice of preliminary objection and urged the Court to strike out or dismiss the case on the ground that the originating summons does not disclose the civil rights and/or obligations of the Incorporated Trustees of Rivers State College of Health Science and Management Technology Alumni Association which have been or are likely to be violated.

Counsel proceeded to contend that irrespective of the merit of a case, it is the duty of the Incorporated Trustees of Rivers State College of Health Science and Management Technology Alumni Association in any suit to disclose in his pleadings that he has the locus standi to institute the action so as to enable the court to inquire into the merits of his claim.

In addition, the 2nd to 6th Defendants- Rivers State College of Health and Management Technology and 4 others equally urged the court to dismiss or striking out the suit for being incompetent and which incompetence goes to the jurisdiction of the court.

The counsel argued that by the Alumni Association’s own deposition, there is no governing council constituted for the College, and therefore, the Alumni platform upon which it is standing to sue is non-existent.

In opposition, the learned counsel to the Alumni posited that his client has sufficient interest because she is a statutory member of the governing council of the College, and urged the Court to dismiss the objection.

Counsel also argued further that the 1st – 3rd reliefs sought on the face of the originating summons are declaratory in nature and contended that a declaratory relief or declaration can be made even when there is no cause of action.

In a well-considered ruling, the Presiding Judge, Justice Zaynab Bashir held that the Incorporated Trustees of Rivers State College of Health Science and Management Technology Alumni Association’s case is not predicated on the denial of a vested right to membership of the governing council –  an element that would have conferred a specific and distinct legal interest beyond a general claim.

Justice Zaynab found merit in the objection presented by the Attorney General of Rivers State and 5 others to the effect that the Incorporated Trustees of Rivers State College of Health Science and Management Technology Alumni Association lacks the locus standi to initiate the suit as presently constituted.

The Court ruled that for a person or entity to have locus standi, there must have been an actual interest, not one that is supposed or speculative. Also, the interest must be one that is peculiar and not shared, and that peculiar interest must have been adversely affected.

Justice Zaynab held that there is no legal foundation upon which the Incorporated Trustees of Rivers State College of Health Science and Management Technology Alumni Association’s can be appointed to the said offices held by the Prof. Franklin and 3 others, and the assertion by the deponent that the Alumni Association’s ought to be a member of the governing council is purely speculative and devoid of any legal merit.