A Rivers State High Court sitting in Port Harcourt has nullified an arrest order issued by the Rivers State House of Assembly against the Vice-Chancellor of PAMO University of Medical Sciences, Professor Smith Jaja, over his failure to appear before an ad hoc committee of the Assembly.
The court, presided over by Justice Frank Onyiri, delivered the judgment on Friday, October 30, 2026, describing the Assembly’s action as an overreach of its constitutional powers.
Justice Onyiri gave the ruling while deciding a fundamental rights enforcement suit instituted by Professor Jaja, who challenged the alleged violation of his rights by the Rivers State House of Assembly.
The judge held that the applicant was entitled to the protection of his fundamental rights as guaranteed under the 1999 Constitution of the Federal Republic of Nigeria and the African Charter on Human and Peoples’ Rights. He consequently nullified the Assembly’s September 25 order for the arrest of the university’s Vice-Chancellor.
Justice Onyiri also faulted the Assembly’s decision to establish an investigative committee to probe the applicant’s employer under Section 128 of the Constitution, describing the exercise as a sham, particularly as the 2026 Appropriation Act had already been passed and signed into law.
The court further held that the House of Assembly had no constitutional authority to indict individuals or determine their guilt, stressing that its investigative powers under Section 128 were limited to gathering evidence for the purposes prescribed by the Constitution.
In addition to setting aside the arrest order, the court issued a perpetual injunction restraining the Rivers State House of Assembly, the police and other security agencies from interfering with the fundamental rights of Professor Jaja. The judge also awarded N2 million in damages against the Rivers State House of Assembly in favour of the applicant.
The judgment, which lasted approximately 90 minutes, was concluded with commendations from counsel to both parties. Meanwhile, C.A.J. Chinwo, who represented the applicant, and M.S. Agu, who appeared on behalf of E.C. Ukala, SAN, commended Justice Onyiri for what they described as his industry and erudition in delivering the judgment.
