A Rivers State High Court sitting in Port Harcourt has nullified the order of the Rivers State House of Assembly for the arrest of Prof. Smith Jaja, Vice Chancellor of PAMO University of Medical Sciences, Port Harcourt. The court's decision was made on Friday, October 30, 2026, in an enforcement of fundamental rights application brought before it by Prof. Jaja against the alleged breach of his fundamental rights by the Rivers State House of Assembly.
The court, led by Hon. Justice Frank Onyiri, upheld the entitlement of Prof. Jaja to have his fundamental rights under the Constitution of the Federal Republic of Nigeria and the African Charter on Human and People’s Rights protected. The judge held that the setting up of a committee to investigate the employer of Prof. Jaja purportedly under section 128 of the Constitution after the Appropriation Act 2026 had been passed and signed was a sham.
The judge further held that the Assembly had no powers to indict or adjudicate on the guilt of any person but only to investigate and receive evidence for, and only, for the purpose of section 128 of the Constitution. The Court issued an order of perpetual injunction restraining the Assembly, the police or any other security agency from interfering with the rights of Prof. Jaja in any way.
In addition to nullifying the arrest order, the court also made an order of damages against the Rivers State House of Assembly in the sum of N2 million to be paid to Prof. Jaja. The judgement, which lasted for about 90 minutes, was commended by both Dr. C.A.J. Chinwo and M.S. Agu who stood in for E.C. Ukala, SAN.
The case was brought to court following the Rivers State House of Assembly's decision to investigate Prof. Jaja for failure to appear before its ad hoc committee. The Assembly had ordered the Vice Chancellor's arrest, which led to Prof. Jaja seeking redress in court.
The court's decision has been seen as a victory for Prof. Jaja and the PAMO University community. The Vice Chancellor had argued that the Assembly's actions were a breach of his fundamental rights, and the court's judgement has validated his claims.
The judgement is also seen as a significant check on the powers of the Rivers State House of Assembly, as it limits the Assembly's ability to indict or adjudicate on the guilt of individuals. The court's decision has reaffirmed the importance of upholding the fundamental rights of citizens and protecting them from arbitrary actions by government agencies.
Key points
- The court nullified the Rivers State House of Assembly's order for the arrest of Prof. Smith Jaja, Vice Chancellor of PAMO University.
- The court held that the Assembly had no powers to indict or adjudicate on the guilt of any person.
- The court ordered the Rivers State House of Assembly to pay N2 million in damages to Prof. Jaja.
