By Magnus Aboyemi (Lagos)
The untold controversy
The dispute over the ownership of Tansian University in Anambra State which has led to decades of friendly friction between late Msgr Prof John Bosco Akam and Chief Rommy Ezeonwuka may have remained unsolved. In recent years, peace has eroded the university which has created a high level of uncertainty and until an acceptable path forward is identified, the University will be at a brink.
At the center of the controversy is whether or not the premise of the Renant Industries Ltd owned by Chief Rommy Ezeonwuka which houses the takeover campus of the University at Oba in Anambra State was bought over or sold to Msgr Prof John Bosco Akam.
Late Msgr Prof John Bosco Akam was the Chancellor of Chairman of Board of Trustees of the University and through a partnership and operating agreement, Chief Rommy Ezeonwuka, was a substantial shareholder of the University but barred from exerting any control or influence.
Msgr Akam was also accused of failing to comply with the commission’s investigation, acting outside licensing conditions, improperly acquiring and transferring the University’s ownership, and changing the terms of a trust agreement.
Moreover, Msgr Akam claims caused him reputational harm among other business partners and associates involved in the conception of Tansian University as well as jeopardized the financing of other partners.
The University had dealt with a number of issues, some via private settlements and some via court battles, while others remain unresolved. The incidents exemplify some of the key crises the University has faced in the last several years.
Currently, Chief Ezeonwuka appears to be following the required notice procedures to secure final possession of the land, and the University takeover campus eventually. The current takeover is the University’s inability to pay Chief Ezeonwuka a debt of N60 million accruing from liaises of his property to the University and failure to abide by a consent judgment of an Ogidi High Court.
However, it remains to be seen whether the institution can permanently rise above its multiple problems, learn from its mistakes, make necessary changes, avoid further problems, and still emerge as a faith based university.
This slow growth of the University may be attributed to various internal problems associated with top management violation, as well as external problems that have led to a loss of reputation.
Genesis of the ownership crises
Tansian University is a private institution in south-east Nigeria founded by a demised Catholic priest, Rev. Msgr Prof John Bosco Akam and licensed on May 17, 2007 by the National Universities Commission (NUC). The journey of Tansian University began in 2003 when the Msgr Akam approached the then traditional ruler of Oba in Idemili South LGA, Anambra State, Igwe P.C Ezenwa Eze Okpoko 1 of Oba, to solicit for a parcel of land close to then Anambra Airport Oba to establish novitiate for a missionary congregation, named Missionary Servants of the Church (MCS); for the purpose of taking care of the aged and disabled Catholic Priests. But the traditional ruler told the priest that there was no communal land in Oba to be donated to him for the purpose.
The Anambra Airport Oba was the venue for the beatification of Iwene Tansi in 1998, which impelled the choice of Msgr Akam to site a missionary novitiate of his congregation very adjacent to the “holy venue” that hosted Pope John Paul II.
In spite of his search, the priest ran into numerous difficulties not until he met Chief Rommy Ezeonwuka who decided to give a temporary succor by voluntarily allowing the use of the premises of Renant Industries situated opposite the beatification venue as prayer ground for the novitiate, pending final approval of the Congregation as pious entity with rights in the Church by the Catholic Archdiocese of Onitsha.
Chief Ezeonwuka is an Igbo philanthropist who has always assisted in the course of Igbo nation. In the past he had given out free of charge to the Church, his property, the Rojenny Games Village Oba. And in reciprocate, the Catholic Diocese of Onitsha Ecclesiastical Province and the Metropolitan See, had always appreciated his good gestures. So giving his property for temporary use as novitiate by way of assisting the new Congregation wouldn’t be a difficult task. But this time around, it was going to be a gesture turned tumultuous nightmare and potpourri of frictions to Chief Ezeonwuka.
Radical dimension to the story
In 2004, while still going back and front with the Archdiocese on the approval of his Congregation, Msgr Akam took another coil when all attempts to have his German Linguistic School in Amawbia Awkla affiliated to University of Nsukka failed. He decided to go in for the establishment of a conventional University to be called Tansian University. Again, he approached Chief Ezeonwuka to partner with him by way of donating the entire premises and property of Rennet industry to serve as take-off sight of the proposed Tansian University. Mutual Partnership Agreement was made and reached between Msgr Akam and Chief Ezeonwuka on the proposal. This done, Msgr Akam applied to the NUC stating the intent and area of interest of the proposed University. Other partners involved; Nze Raph Obiora, Vincent Ofolebe, Professor M.C Morah, Professor Ikechukwu Madubuike, and Dr. Peter Ejikeme representing MSC, among others who now formed as the Promoter, Financier and Director of works and stakeholders/shareholders of the proposed University.
Applications were made to the Nigeria University Commission (NUC) with draft academic brief; draft physical Master plan; Draft University Law; counterpart Deed of Assignment, Certificate of Incorporation/Registration of Proprietors, Deed of Assignment and Certificate of Occupancy, Letter of available liquid cash and Bank Guarantee of One Hundred Million.
In the process of securing the University’s license, Chief Ezeonwuka and other partners participated actively in NUC’s promoters’ interviews to ascertain the seriousness of the proposed University. During NUC interaction meetings where documents and other matters bothering on University governance were discussed as a prelude for the first verification visit, a Planning and Implementation Committee of the proposed University was set up. Msgr Akam was named as the Initiator Facilitator; MSC represented by Dr. Ejikeme was named the Founder; Chief Ezeonwuka was named as the Financier; Chief Nze Raph Obiora was named Director of Works, the rest were made members of the Board.
In the process of acquiring about 100 hectares of land at Umunya, Dr. Eloka Menakaya, the MD of Hamana Hospital Abuja, was approached and coopted into the Board; he became the principal middleman between Tansian and Umunya community for acquiring land at Umunya for the University’s permanent site. Dr. Menakaya facilitated the purchase of 4000 plots of land at N20,000 per plot, not N100,000 as purported and speculated.
Soon, the Proprietors and the Executive Secretary of NUC, Professor Peter Okebukola, met to discuss the first verification visit by the NUC. Intensive review and analysis were carried out; hence, work began for the rehabilitation of the Renant Industry. In concerted efforts, Chief Ezeonwuka went further to the entire Rojeny Sports Complex Oba into the drafted Master plan as part of the University.
Chief Ezeonwuka went further to convenience Vincent Ofolebe (Bencoff) and Senator Andy Ubah to invest in prospected Tansian University. Ofolebe plunged in the initial investment of N11 million, Andy Ubah – N20 million naira, Eloka Menakaya – N18 million, Sam Obaji – N22 million, Raph Obiora – N5 million plus the deployment of his machines to the sight.
While awaiting verification visit, Chief Ezeonwuka directed then Obah Community bank to issue Msgr Akam with Deed of Convenience, Irrevocable Power of Attorney on payment of N14 million to clear an outstanding debt with the Community bank which mortgaged the property. That was to convince the NUC that the property was not encumbered, leased or under rent.
During the first verification visit of the NUC to undertake inspection of physical facilities, ascertain the adequacy for the proposed University, and the commitment of the proprietors, Chief Ezeonwuka was advised to remove Rojeny Sports Complex from the Master plan as it can’t serve academic purpose, instead the facility would be used as sporting facility by the students of the University. Before the second verification visit of the NUC, Rojeny Sports Complex has been expunged from the master plan in compliance with the given prescriptions.
During the security screening of NUC with Proprietors and Board of Trustees, Tansian University was not found worthy to be approved.
It was at this point that Senator Andy Uba reportedly doled out another N20 million as equity participation and facilitated Msgr Akam visit to the then President Chief Olusegun Obasanjo (GCFR) who immediately instructed the Minister of Education then, Dr. Oby Ezekwesili and the Executive Secretary of NUC, Prof Julius Okoje to license Tansian University, as a way of balancing the establishment of private Universities across the six (6) geopolitical zones of the Federation which hitherto excluded South East from the list before the Federal Executive Council. Tansian University was approved and the approval letter handed over to Chief Rommy Ezeonwuka as the financier.
On May 17, 2007, Federal Executive Council through the Honourable Minister of Education, granted license based on the recommendation of the NUC Board and the security report of the promoters.
Brewed ownership crisis
No sooner than the license was granted that Msgr Akam begun to edge out the investors and those who had partnered with him. He quickly reshuffled members of the Board and Planning and Implementation Committee by suspicious removing their named from the new board. Angered by act of shenanigan movements and outright refusal to abide by the agreement and denial of their partnership rights, the University nose-dived into ownership crisis that is yet to be resolved 15 years after and if not addressed may end up swallowing the school.
Plunging into crisis, the investors wrote petitions and counter petitions which culminated into temporary closure of the school in 2010 and suspension of the operating license in 2011. The Ecclesiastical Province Archbishop Val Okeke of Onitsha had washed off his hands over Msgr Akam’s ineptitude to the Church and quickly issued him Canonical Warning for upholding and promulgating a congregation strange to the church as proprietor of Tansian University.
At the heat of the crisis reconciliatory meeting held in Abuja equity partnership of the University was defined – vis: Catholic Diocese of Onitsha 15% Monsignor John Bosco Akam 20%, MSC 15%, Chief Ezeonwuka 15%, Sam Obaji 10%, Eloka Menakaya 7%, Andy Uba 10% Nze Raph Obiora 3% Vincent Ofolebe 5%.
Surprisingly, on arrival to Anambra, a visit was paid to the Archbishop Okeke who vehemently refused and rejected the offer of 15% insisting that Msgr should cease promoting MSC (Missionary Servants of the Church) which has no jurisprudence right in the church and cannot be acceptable in the Church.
Disappointed, again, Msgr Akam changed the Board of Trustees, tore to asunder all partnership agreement, verbal and written, with the aforementioned persons alleging they only made free-will donation towards securing the license of the school and never partnered with anyone to own Tansian University and further purported that Ranents Industry which was used as take-off campus was out-rightly bought over from Oba Microfinance Bank which it was mortgage.
What it supposed to be gentleman agreement between Msgr Akam and Ezeonwuka turned sowed. In susceptible and falsification moves, Msgr changed all the documents of Ranents Industry given to him in trust by Chief Romanus Ezeonwuka, (Rojeny), converting them into personal properties.
Recalled that Renants Industries was encumbered to Oba Microfinance Bank to the tune of N14,500,000.00. The amount had to be redeemed before the document was handed over to Msgr. Akam.
Earlier, Oba Microfinance bank had written a reminder letter to Msgr Akam stating that the Managing Director of Ranent Industries Limited, Chief Romanus Ezeonwuka, is given up till the end of October 2004 to liquidate all his indebtedness to the Bank which as at October 15, 2004, stands at N14,500,000.00. The letter also stated that the Bank will take possession of the property being occupied by Missionary Servants of the Church (MSC) at the expiration of the deadline.
In the same letter, the bank stated that it will take action to realize the value of the property through sale by Public Auction which will be duly advertised in at least One National Daily to avoid sanction from the apex bank, the Central bank of Nigeria.
Acting on the said letter, Prof Akam paid the sum of N7,796,000.00 directly to Chief Ezeonwuka towards the redemption of Ranents property. But the bank would not release the documents of the property unless a total of N14,500,000.00 indebtedness is completely paid off.
To enable him convince his foreign donors, Msgr Akam persuaded Chief Ezeonwuka to raise a Deed of Assignment of the contentious property as Oba Microfinance Bank as the Assignor and his foreign partner, Asia and Allied Commerce Limited as Assignee.
Handy with the property’s Irrevocable Power of Attorney, Deed of Convenience of Ranents Industries were changed and registered in Anambra State Lands Ministry in the name of Tansian University, Msgr Akam reportedly hastily travelled abroad from where he wired the sum of N22,296,000.00 in two installments to Oba Microfinance Bank. He subsequently submitted them as genuine to NUC.
Investigation shows that the entire Ranents premise was not mortgaged. The controversial mortgaged portion houses the Library block built by Chief Ezeonwuka; Senate Chamber, Mass Communication Studio built by the University. while the none mortgaged area are entirely built by Rojeny before they were renovated by late Msgr Akam which include Vice Chancellor’s office block, the Laboratory block, the lengthy Lecture Halls, the Auditorium and its adjourning lecture halls, the Administrative block, the entire female and male hostel blocks.
A cursory check at National University Commission (NUC) shows that MSC is the sole proprietor of Tansian University while CAC record shows that Tansian University Limited Onitsha was incorporated and registered on 2nd April, 2003 with Trustees as late Msgr Akam, Ejikeme Peter and Nwankwo Paulinus Mario which ran contrary to the earlier co-ownership agreement between Chief Ezeonwuka, late Msgr Akam and others.
It is perplexing to observe that the same Monsignor who made registrations at CAC and NUC respectively is the same person who kept assuring Chief Ezeonwuka and others that they are co-owners and co-proprietors of Tansian University, while encouraging them to invest in the Tansian University project.
Documents available showed that in 2010, NUC Peace Committee had prevailed on Msgr Akam to reevaluate the contributions of co-owners and convert them to equity holding which he reneged. On whether the property of Rojeny was sold, the answer is it neither sold nor bought. The whole paper transactions were as a result of mutual understanding and faith, it can authoritatively be reported.
Consent Judgment
In a bid to stop the imbroglio raging crisis which engulfed the University, the NUC Peace Committee recommended a peaceful settlement. In one of the meetings, Msgr Akam personally suggested that Chief Ezeonwuka should compute all the rent arrears due to be paid by the University.
Further to the peace process initiated by the then Anambra State Commissioner of Police, CP Philimon Laha, an out of court settlement was reached before a High Court of Anambra State Ogidi in a Suit No HID/89/2010. A copy was obtained and reads in part.
“The Terms of Settlement are as follows:
Parties have amicably resolved their differences in this suit out of court and on the terms hereinafter stated.
“That the property on Ranent Industries company limited premises housing the Tansian University Oba take-off campus shall be on a Build and Transfer basis (BOT) by the Tansian University for 25 years (twenty five years) from October 1st 2020 to September 20th 2035 at an agreed honorarium of N10,000,000.00 (ten million naira) yearly to be paid to Ranent Industries Company Limited.
“That after 30th September 2035, the property shall reverse to the owner Ranent Industries Company Limited unless another contract is re-entered.
“That the annual agreed honorarium due shall be paid to Ranent Industries Limited. From 1st October 2010 as thus: A N5,000,000 (five million naira) to be paid on or before 30th November of each academic year and B. N5,000,000 (five million naira) to be paid on or before 30th of April of same academic year.
“That the agreed yearly honorarium shall be subject to review after every 5 years which rate shall not exceed 50% of the existing sum at the time of review upon demand by land owner Ranent Industries Company Limited.
“That out of the initial N23.1million (twenty three million one hundred thousand naira) paid by Monsignor Akam to Chief R.A Ezeonwuka that N10,000,000 (Ten million naira) shall be refunded to Monsignor J.B Akam which shall be spread equally over the first ten years and deducted from each year’s honorarium as it is paid to Ranent Industries company limited.
All pending suits, matters and criminal complains shall be withdrawn and they shall abate.
These terms of settlement shall be the consent judgment of the Honourable Court in this suit dated 26th October, 2010.
“This judgment was signed by Prof Monsignor John Bosco Akam, Chief Rommy Amandi Ezeonwuka, Professor Nduka Uraih Vice chancellor of Tansian University, Mr. Anikwe Ejike Emina who signed for himself and on behalf of Ranent Industries Company Limited and the witnesses include Reverend Sende Elijah (Tansian University Chief Security Officer), Mike Agbecha staff of Tansian University, Chief J.O Ifedobi business man and Dr. Linus Uchey a Medical Practitioner.
“The said terms of settlement duly signed on 26th October, 2010 and filed in this Court on 2nd November, 2010 is hereby adopted, incorporated and entered as the consent judgment in respect of this Suit. This judgment was signed by O.M Anyachebelu the Judge, on 16th day of December 2010.”
Barrage of Court Cases and notable takeover of the university
Moreover, in late 2019 Ezeonwuka and his company, Renant Industries successfully won a court case against Tansian University over debt of 60 million naira accruing from several years of unpaid rents.
With this, there could be a notable takeover of the property by Chief Ezeonwuka.
In a judgment by His Lordship Hon Justice Arinze Akabua of High Court of Anambra State holden in Ogidi suite No HID/89/2008/864m/2018 between Renant Industries Company Ltd and Chief Romanus Amandi Ezeonwuka vs Tansian University and Very Rev. Msgr. Monsignor Akam, he was granted leave of execution to confiscate movable and immovable properties of the University to recover his outstanding indebtedness.
The Order reads:
Upon motion on Notice brought pursuant to the inherent jurisdiction of the court supported by a 13 paragraph affidavit and written address sworn to be Chief Rommy Amandi Ezeonwuka, filed on 19th day of June 2018, at the High Court Registry, Ogidi.
And after hearing and considering the submission of A.O. Nwankwo Esq., for the Judgment Creditors/Applicants move in terms of the Motion paper.
It is hereby ordered as follows:
1 Order as prayed
- Leave is granted to Judgment Creditor/Applicants to levy execution on the movable and immovable properties of the Judgment Debtor/Respondent for purposes of recovering the outstanding indebtedness of the judgment debtors which now stands at N18,000,000 (Eighteen million naira) as at April 2018.
- Furthermore, Order is made that judgment debtors/respondents vacate with immediate effect the temporary site of the 1st respondent located at Umuogali Village Oba with premises of the property of judgment creditor/applicants.”