The suit by Prof. Greg Nwakoby against Nnamdi Azikiwe University Governing Council with respect to the appointment of Prof. Joseph E. Ahaneku, FAS as Vice-Chancellor has been dismissed for lack of merit.
Prof. Nwakoby was a former deputy Vice-Chancellor (Administration) and one of the contenders in the 2014 Vice-Chancellorship race which saw the emergence of Prof. Ahaneku.
In his erudite judgement, the presiding judge of the National Industrial Court, Awka predicated his judgement on the following grounds:
1. The Governing Council totally complied with the provisions of the law in making the appointment.
2. The Council did not deviate from the provisions of the law that requires selection and appointment of one person from the three persons recommended to it by the Joint Council and Senate Selection Board.
3. The three persons recommended by the Joint Council and Senate Selection Board were equal before the law and therefore equal before the Council by virtue of the provisions of the Miscallanous Provisions( Amendment) Act No1 of 2007.
4. The casting of votes for determining the preferred candidate was proper as there was no consensus, voting being a universally acceptable democratic process of arriving at decisions. Voting was not used in the appointment of Prof Egboka because there was consensus.
5. The claim that practice and convention should have been followed does not hold water as the law is always superior to practice and convention. Besides, there is even no convention or tradition as the claimed convention could not be proved.
6. The claim of bribery and corruption could not be proved beyond reasonable doubt as he who asserts must prove. Moreover, the witnesses under cross-examination contradicted themselves.