In a recent ruling, Hon Justice Frank Onyiri of the Rivers State High Court sitting in Port Harcourt nullified the order of arrest issued by the Rivers State House of Assembly against Prof. Smith Jaja, Vice Chancellor of PAMO University of Medical Sciences. The court also granted a perpetual injunction restraining the Assembly, the Police, or any security agencies from interfering with the rights of the applicant. This decision was made in an enforcement of fundamental rights application brought before the court by Professor Smith Jaja.
The controversy began when the Rivers State House of Assembly set up a committee to investigate the employer of the applicant, allegedly under section 128 of the Constitution. However, Justice Onyiri ruled that this move was a sham, as the Appropriation Act 2026 had already been passed and signed. The judge held that the Assembly has no power to indict or adjudicate on the guilt of any person but only to investigate and receive evidence for the purpose of section 128 of the constitution.
The court ruling also declared null and void the declaration to arrest the Vice Chancellor, Prof Smith Jaja of PAMO, for failure to appear before the Ad Hoc Committee on September 25. The judge upheld the entitlement of the applicant to have his fundamental rights under the Constitution of the Federal Republic of Nigeria and the Africa Charter on Human and People’s Rights protected.
In addition to nullifying the arrest warrant, the court ordered the Rivers State House of Assembly to pay damages of Two Million Naira to the applicant. The attorney of PAMO Medical University, Dr. CAJ Chinwo and MS Agu, who stood in for EC Ukala SAN, commended the judgement, which lasted for about ninety minutes.
The Rivers State House of Assembly had initially issued an arrest warrant against Prof. Smith Jaja for allegedly failing to appear before its Ad Hoc Committee. The committee was set up to investigate scholarship controversies between PAMO University of Medical Sciences and the Assembly. However, the court ruled that the Assembly had overstepped its authority.
The nullification of the arrest warrant is a significant development in the ongoing controversy between PAMO University of Medical Sciences and the Rivers State House of Assembly. The university had argued that the Assembly’s actions were an infringement on its autonomy and the Vice Chancellor’s fundamental rights.
The court’s decision has been welcomed by the university and its Vice Chancellor, Prof. Smith Jaja. The university’s lawyer, Dr. CAJ Chinwo, expressed satisfaction with the judgement, which he said would allow the university to continue its academic activities without interference from the Assembly.
Key points
- The court nullified the arrest warrant against Prof. Smith Jaja, citing the Rivers State House of Assembly's lack of authority to indict or adjudicate on the guilt of any person.
