A Rivers State High Court sitting in Port Harcourt has nullified an arrest order issued by the Rivers State House of Assembly against Professor Smith Jaja, Vice-Chancellor of PAMO University of Medical Sciences, holding that the legislature exceeded its constitutional powers in the disputed investigation.
Justice Frank Onyiri delivered the judgment on Friday, October 30, 2026, in a fundamental rights enforcement suit instituted by the university administrator.
The dispute arose from an investigation by an ad hoc committee of the Rivers State House of Assembly into scholarship funds allegedly disbursed by the state government to PAMO University of Medical Sciences. The lawmakers had raised questions about the administration and utilisation of funds reportedly exceeding ₦29 billion.
Following the investigation, the Assembly accused the Vice-Chancellor of failing to honour invitations to appear before its committee. On September 25, 2026, the lawmakers resolved to issue a warrant for his arrest.
Professor Jaja subsequently approached the court, challenging the legality of the Assembly’s actions and seeking protection against arrest, detention and other interference with his fundamental rights.
In its judgment, the court examined Section 128 of the 1999 Constitution, which empowers State Houses of Assembly to conduct investigations into matters within their legislative responsibilities.
Justice Onyiri held that legislative investigative powers are constitutionally limited and cannot be converted into an instrument for determining criminal guilt or imposing punishment.
The court further held that the Assembly could not assume the judicial responsibility of determining whether an individual was criminally culpable through its investigative proceedings.
Consequently, the court declared the September 25 arrest resolution null and void, restrained the Assembly and relevant security agencies from interfering with the Vice-Chancellor’s fundamental rights in connection with the disputed investigation, and awarded ₦2 million in damages against the Assembly.
Why this matters: The judgment reinforces the constitutional separation of powers and clarifies that legislative investigations must remain within the boundaries established by the Constitution. It also highlights the availability of fundamental rights enforcement proceedings where public institutions allegedly exceed their lawful authority.
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