A Rivers State High Court sitting in Port Harcourt has nullified the arrest order issued by the Rivers State House of Assembly against the Vice-Chancellor of PAMO University of Medical Sciences, Professor Smith Jaja, describing the Assembly’s investigative exercise as a sham.
The court, presided over by Justice Frank Onyiri, also granted a perpetual injunction restraining the Assembly, the police and other security agencies from interfering with the fundamental rights of the university don.
In addition, the judge awarded ₦2 million in damages against the Rivers State House of Assembly in favour of Professor Jaja.
Delivering judgment on Friday, October 30, 2026, in a fundamental rights enforcement suit instituted by the Vice-Chancellor against the Assembly, Justice Onyiri held that the legislature acted outside its constitutional powers in its attempt to investigate the applicant’s employer.
The judge particularly faulted the Assembly’s decision to constitute an ad hoc committee purportedly under Section 128 of the 1999 Constitution, noting that the 2026 Appropriation Act had already been passed and signed into law before the committee was established.
He consequently declared null and void the Assembly’s decision to order the arrest of Professor Jaja following his failure to appear before the committee on September 25, 2026.
Justice Onyiri maintained that although the legislature possesses investigative powers under Section 128 of the Constitution, such powers are limited to gathering evidence for constitutionally recognised legislative purposes.
He further emphasised that the legislature has no constitutional authority to indict individuals or determine their guilt, functions which fall within the jurisdiction of the courts.
The court also affirmed Professor Jaja’s entitlement to the protection of his fundamental rights under the Constitution of the Federal Republic of Nigeria and the African Charter on Human and Peoples’ Rights.
Consequently, the perpetual injunction prohibits the Assembly, the police and other security agencies from taking any action that would infringe upon the applicant’s constitutionally protected rights in connection with the matter.
The judgment followed an earlier interim order granted by the same court on September 30, 2026, restraining the police and other security agencies from arresting, detaining or forcibly compelling the Vice-Chancellor to appear before the Assembly’s ad hoc committee pending the determination of his substantive application.
The legislative investigation arose from concerns surrounding the management of funds provided by the Rivers State Government to PAMO University under a scholarship arrangement. The Assembly had sought to examine the utilisation of the funds and the university’s administration of the scheme.
However, the dispute subsequently developed into a legal contest over the extent of the legislature’s constitutional oversight powers and the protection of the Vice-Chancellor’s fundamental rights.
The judgment, which lasted approximately 90 minutes, was delivered after arguments by counsel to the parties, Dr C.A.J. Chinwo and M.S. Agu, who represented E.C. Ukala, SAN.
Both lawyers reportedly commended the court for what they described as an erudite judgment.
The ruling represents a significant development in the legal dispute between the Rivers State House of Assembly and PAMO University of Medical Sciences, particularly regarding the constitutional limits of legislative investigations and the protection of individual rights.
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