The Rivers State High Court sitting in Port Harcourt has struck down the arrest order issued by the Rivers State House of Assembly against Prof. Smith Jaja, Vice-Chancellor of PAMO University of Medical Sciences, describing the Assembly’s investigative action as a “sham.”
Delivering judgment in a fundamental rights enforcement suit, Justice Frank Onyiri held that the Assembly acted ultra vires its constitutional powers when it attempted to investigate Jaja’s employer and subsequently ordered his arrest.
The court also issued 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 court awarded N2 million in damages against the assembly, and in favour of Jaja.
Delivering judgment on Friday in a fundamental rights enforcement suit instituted by Jaja against the Assembly, Justice Onyiri held that the assembly acted outside its constitutional powers in its attempt to investigate the applicant’s employer.
The judge 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 declared null and void the assembly’s decision to arrest Jaja for failing to appear before its ad hoc committee on September 25, 2026.
Justice Onyiri maintained that the legislature 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 constitutionally recognised legislative purposes.
The court further affirmed 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.
The perpetual injunction effectively bars the Assembly and security agencies from taking any action that would infringe on the applicant’s protected rights in connection with the matter.
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 condemned the court for what they described as an erudite judgment.