A Rivers State High Court sitting in Port Harcourt has nullified the arrest order issued by the Rivers State House of Assembly against the Vice-Chancellor of PAMO University of Medical Sciences, Professor Smith Jaja, holding that the legislature acted outside its constitutional powers in its investigation of the institution.
The court, presided over by Justice Frank Onyiri, also granted a perpetual injunction restraining the Assembly, the police and other security agencies from interfering with the fundamental rights of the Vice-Chancellor in connection with the disputed legislative investigation.
In addition, the court awarded ₦2 million in damages against the Rivers State House of Assembly in favour of Jaja.
Delivering judgment on Friday in a fundamental rights enforcement suit instituted by the university administrator, Justice Onyiri described the Assembly’s investigative exercise as a sham and held that the lawmakers exceeded the scope of their constitutional authority.
The dispute arose from an investigation initiated by the Rivers State House of Assembly into scholarship funds allegedly disbursed by the state government to PAMO University of Medical Sciences.
The Assembly had constituted an ad hoc committee to investigate the management and utilisation of the funds, which lawmakers claimed amounted to more than ₦29 billion.
The committee, chaired by the Deputy Speaker of the Assembly, Dumle Maol, had questioned the relationship between the funds allegedly released under the scholarship programme and the number of students benefiting from the arrangement.
Following the investigation, the Assembly accused the Vice-Chancellor of failing to honour repeated invitations to appear before the committee and provide explanations concerning the funds.
Consequently, on September 25, 2026, the lawmakers resolved to issue a warrant for his arrest over his failure to appear before the legislative panel.
The Assembly also recommended that the Rivers State Government establish a committee to recover funds it considered unaccounted for under the scholarship arrangement.
However, PAMO University challenged the allegations and the legislative proceedings, maintaining that the scholarship programme was administered through the Rivers State Ministry of Education.
The institution also disputed suggestions that funds were appropriated directly to the private university, explaining that the relevant budgetary allocations were made to government ministries and agencies responsible for implementing the scholarship programme.
The university maintained that it had complied with its obligations under the scholarship arrangement and questioned the lawfulness of the Assembly’s investigative process.
Following the resolution ordering his arrest, Jaja approached the Rivers State High Court to enforce his fundamental rights and prevent the implementation of the lawmakers’ decision.
On September 30, 2026, Justice Onyiri granted an interim injunction restraining the Inspector-General of Police, the Rivers State Commissioner of Police and other security agents from arresting, detaining or forcibly compelling the Vice-Chancellor to appear before the Assembly’s committee pending the determination of his substantive application.
The interim order was made in Suit No. PHC/3692/FHR/2026, filed under the Fundamental Rights (Enforcement Procedure) Rules, 2009.
The substantive action subsequently came before the court for determination.
In Friday’s judgment, Justice Onyiri examined the scope of the investigative powers conferred on a State House of Assembly under Section 128 of the Constitution of the Federal Republic of Nigeria, 1999, as amended.
The judge held that the powers of legislative investigation are not unlimited and must be exercised strictly within the purposes recognised by the Constitution.
Section 128 empowers a State House of Assembly, subject to constitutional limitations, to investigate matters concerning the making of laws and the conduct of affairs relating to the administration or disbursement of funds appropriated by the legislature.
However, the court emphasised that such powers must be exercised for legitimate legislative purposes and cannot be converted into a mechanism for determining criminal culpability or punishing individuals.
Justice Onyiri faulted the Assembly’s decision to constitute an ad hoc committee purportedly under Section 128, noting that the 2026 Appropriation Act had already been passed and signed into law before the committee was established.
Considering the circumstances surrounding the committee’s creation and activities, the judge held that the Assembly had acted beyond its constitutional authority in attempting to investigate Jaja’s employer.
The court further maintained that the legislature lacked constitutional authority to indict individuals or pronounce them guilty of wrongdoing through its investigative processes.
According to the court, legislative investigations are intended to obtain evidence and information necessary for the performance of constitutionally recognised legislative responsibilities.
The judge therefore rejected the use of legislative investigative powers as a substitute for the judicial process of determining guilt or liability.
Applying those principles to the dispute, Justice Onyiri declared null and void the Assembly’s September 25 resolution ordering Jaja’s arrest for failing to appear before its ad hoc committee.
The court also affirmed the Vice-Chancellor’s entitlement to the protection of his fundamental rights under the 1999 Constitution and the African Charter on Human and Peoples’ Rights.
Justice Onyiri consequently issued a perpetual injunction restraining the Rivers State House of Assembly, the police and other security agencies from taking steps that would infringe on Jaja’s protected rights in connection with the matter.
The order prevents the enforcement of the invalidated arrest resolution and protects the Vice-Chancellor against further interference with his rights arising from the disputed proceedings.
In addition to the declaratory and injunctive reliefs, the court awarded ₦2 million in damages against the Assembly in favour of Jaja.
The judgment, which lasted approximately 90 minutes, followed arguments by counsel for the parties, including Dr C.A.J. Chinwo and M.S. Agu, who represented E.C. Ukala, SAN.
The lawyers reportedly commended the decision, describing it as an erudite judgment.
The ruling highlights the constitutional limits of legislative investigative powers and the distinction between the authority of lawmakers to obtain information for legitimate legislative purposes and the powers reserved for courts to determine legal responsibility.
Although Section 128 empowers state legislatures to conduct investigations into matters falling within their constitutional responsibilities, the exercise of those powers remains subject to constitutional safeguards and judicial review.
Post Title: “Rivers Assembly Has No Power To Indict Or Determine Guilt” — Court Nullifies Arrest Order Against PAMO University VC, Awards ₦2m Damages By Naijaonpoint.