An Abia State High Court has dismissed a N200m fundamental rights enforcement suit filed by trustees of the Kingdom Bible College, Ozu Abam, against the Abia Assembly Speaker, Rt. Hon. Emmanuel Emeruwa; Majority Leader, Hon. Uchenna Okoro; and three others.
Justice Chido Nwakanma, in a judgment delivered on June 11, 2026, held that although the court had jurisdiction to entertain the action, the college failed to prove that its fundamental rights had been violated or were under threat.
The suit, marked HUM/54M/2024, also named the Clerk of the House; the Commissioner for Tertiary Education; and the Attorney General and Commissioner for Justice among respondents.
The college had asked the court to declare as unconstitutional a resolution passed by the Abia State House of Assembly on November 19, 2024, directing the Commissioner for Tertiary Education to visit the institution and possibly withdraw its operating licence.
It also sought a perpetual injunction restraining the respondents from taking further steps to withdraw its licence, N200m in general and compensatory damages for alleged infringement of its rights, and an order compelling the respondents to issue a public apology.
The institution argued that the House resolution violated its rights to fair hearing and freedom of thought, conscience and religion under Sections 36 and 38 of the 1999 Constitution.
According to the college, the dispute arose after its demonstration farm at Itum Abam was allegedly attacked on March 5, 2024, by armed youths from Ndi Okorie Abam.
The incident was said to have left one student dead, another abducted, and 38 others injured.
It alleged that some of the suspects were political thugs linked to Hon. Uchenna and claimed that after the lawmaker was invited by the Force Criminal Investigation Department in Abuja over the incident, he began “mounting a campaign of calumny” against the institution and vowed to use his position to undermine it.
The applicant further alleged that the House subsequently resolved to direct the Commissioner for Tertiary Education to visit the college and potentially withdraw its licence without first investigating the matter or allowing the institution to defend itself.
Hon. Uchenna and others, however, denied the allegations.
They told the court that the House merely considered a matter of urgent public importance raised by another lawmaker concerning the communal crisis in Ndi Okorie Abam and resolved that its Committee on Public Petitions should liaise with the Ministries of Tertiary Education and Basic and Secondary Education to investigate the activities of Kingdom College.
They insisted that there was no resolution directing the withdrawal of the institution’s operating licence and argued that no infringement of the college’s constitutional rights had occurred.
The respondents also maintained that resolutions of a House of Assembly are advisory and do not amount to binding executive directives.
Justice Nwakanma held that the suit properly raised issues relating to the enforcement of fundamental rights.
The judge also rejected the respondents’ argument that the court lacked jurisdiction because the dispute arose from legislative proceedings.
He held that courts could review legislative actions where allegations of constitutional rights violations were made.
The judge said, “A Resolution of the Abia State House of Assembly which directs the Abia State Ministry of Education to ‘potentially withdraw [the] operating licence’ of the Applicant has gone beyond a mere Resolution and has prejudicially determined the civil rights and obligations of the Applicant even before giving it an opportunity to be heard. Such a Resolution raises questions of fundamental rights violation and gives the Applicant a fundamental rights enforcement cause of action.”
He added that, “A breach of fundamental rights is a breach of the Constitution which is the fundamental law of the land and the Courts cannot be denied of, or deny themselves of, the jurisdiction to ensure strict compliance with the provisions of the Constitution.”
However, the court found that the college failed to prove that such a resolution was passed.
Justice Nwakanma held that while the respondents produced a certified record of the House proceedings, the applicant relied on a “Summary of Plenary of November 19, 2024,” which it admitted was obtained from the Speaker’s Facebook page.
The court held that the document was unsigned, computer-generated and was not properly certified or rendered admissible in evidence.
According to the judge, “An unsigned document has no probative value and is incapable of proving anything.”
He also noted that the applicant amended its originating processes and filed a re-sworn statement on oath without attaching any documentary exhibits.
The judge further held that the allegations contained in the fresh processes were unsupported by documentary evidence and were denied by the respondents.
He faulted portions of the applicant’s further affidavit that relied on facts allegedly sourced from its solicitor without explaining how the lawyer became the source of those facts.
Justice Nwakanma concluded that the college failed to establish that the House passed the alleged resolution recommending the withdrawal of its licence or that its constitutional rights had been violated or threatened.
“In summary, the Applicant failed to prove that its fundamental rights were violated or were about to be violated,” the judge held.
He added, “I hold that the Applicant has not made out a case for the enforcement of fundamental rights, as claimed, and is therefore not entitled to the reliefs sought. Consequently, this application fails and is hereby dismissed.”
THE WHISTLER had reported how a prolonged land dispute between Kingdom Bible College and the Ndi Okorie Abam community in Arochukwu Local Government Area turned violent.
In March 2024, students of the theological institution and members of the host community reportedly clashed.
The crisis was linked to ownership of a parcel of land allegedly sold to the college’s founder, Pastor Emmanuel Ukoha.
The community disputed the transaction, with the alleged seller, former traditional ruler Eze Ogbuka Abara, denying involvement and petitioning a customary court.
Members of the community had accused students of encroaching on their ancestral land.
