- Govt dismisses impeachment notice, accuses lawmakers of stalling Supreme Court judgment implementation
- Attempt to impeach Fubara invalid, opposition lawmakers’ coalition says
- Rivers judiciary needs to avoid more scandals, says Otteh
- Court reserves ruling on defection suit August 27
Following the receipt of notice of allegation of gross misconduct against Governor Siminalayi Fubara and his deputy, Prof. Ngozi Odu, by the Speaker of the House of Assembly, Hon. Martin Chike Amaewhule, attention is now shifted to the State Chief Judge, who is mandated by law to set up an investigation panel though he has reportedly proceeded on vacation.
The notice, signed by 26 members of the state legislature, is a prerequisite to activate the process of removal under the law and the judiciary, represented by the Chief Judge, must play an active role in this.
According to some lawyers, an acting CJ may not be qualified under the law to set up a panel for the purpose of removing a governor or deputy. Comparative Constitutional lawyer, President Aigbokhan, who argued that only a substantial CJ has the power to set up a panel, added that the House ought to set up its investigation committee that will invite the governor before requesting the CJ to set up a seven-man panel.
His words: “The impeachment procedure of a Governor starts with the House of Assembly. The House of Assembly is supposed to set up a committee to invite the Governor and hear from him before sending the outcome of their investigation to the Chief Judge who will also set up a 7-man committee to review the allegations and take a position.
“In Rivers State, what we see is that the Governor has not been invited for misconduct but to present a budget. Again, the House must act responsibly not to attract the wrath of the people of Rivers. Sovereignty rests with the people even in a representative democracy.
“While I expect each arm of government to be independent and assertive, the people must come first. The players must know the place of moderation and cooperation. Democracy must be protected and developed, and this requires collective action devoid of sentiment, greed, and technicalities.”
Convener, Access to Justice, Joseph Otteh, argued that it is difficult to know how a judiciary already perceived by many as enmeshed and entangled in political alliances can act forthrightly in the impeachment matter.
“I think the Rivers Judiciary needs to avoid further scandalisation of itself and the entire Judiciary. Already, public perception of the conduct of the State Judiciary for over a number of years has been quite poor, and many believe that the Judiciary is already captured by political forces and that the outcome of the judiciary’s limited role in an impeachment process is already a fait accompli.
“Yet, in the tunnel, light can emerge. A single person’s rectitude and fortitude can change public perception, and we expect the acting Chief Judge to bring uncommon integrity into the impeachment functions. Let the CJ play that role impartially and conscientiously and let no side to this inveterate conflict feel that they have been shortchanged.”
Many Chief Judges, he said, have in the past been removed from office by the National Judicial Council for the politicisation of their functions. He expressed the hope that the NJC will this time maintain keen oversight in how the CJ of Rivers State performs the functions of that office.
Also, a judiciary reform advocate, Bayo Akinlade, said the system has been so politicised that it would be best to only watch how everything plays out.
Akinlade, a former chairman of the Nigerian Bar Association (NBA) Ikorodu Branch, and convener of Fight Against Corruption in the Judiciary said: “It’s best not to expect anything from the judiciary. Let’s just allow the politics to play out. The judiciary only attends to matters that are brought before it. On its own, it cannot do or say anything except if a person brings an action in court for its intervention.”
According to the notice, five grounds of gross misconduct were listed against the Governor, while three grounds were listed against his deputy, with accompanying particulars.
In compliance with Section 188 of the 1999 Constitution of Nigeria (as altered), the Speaker distributed the notice to members and forwarded it to the holders of the office.The House also resolved to publish the notice in at least three national dailies to ensure that the Governor and his deputy are aware of the notice.
However, the Rivers State Government has dismissed receiving any notice of alleged misconduct from the State House of Assembly against Governor Fubara and his deputy.
Addressing newsmen shortly after reports on the said notice went viral, the State Commissioner for Information and Communications, Joseph Johnson, said the state government has not seen nor received any of such notice. He accused Martins Amaewhule-led Assembly of impeding Governor Fubara’s readiness to implement the Supreme Court judgment and represent the 2025 budget to lawmakers.
Johnson said: “It is now common knowledge that members of the Amaewhule-led Rivers State House of Assembly have by their actions refused to allow the Governor of Rivers State, to fully implement the judgment of the Supreme Court on the long-drawn political and legal battle that has lingered since after the ill-fated attempt to impeach him on October 30, 2023.
“Right from when this unjustified onslaught against Governor Fubara started, the gentleman has never left anyone in doubt about his unwavering commitment to peace and resolute determination to put Rivers people first over and above personal and/or sectional interests.” Johnson alleged that the lawmakers are bent on fighting on all fronts, rather than settling for the business of law-making for the good governance of the State.
He said the State Governor is acting in good faith notwithstanding the false narratives being peddled by the people who are frustrating the compliance with the judgment of the court.
Consequently, Johnson said, it is glaring that the current actions of the lawmakers have dire consequences on the State, warning that the harsh realities that the civil servants, retirees and people of the state will face are unimaginable economic hardship because the State government will be unable to pay salaries, pensions and other emoluments as well as perform other obligations at the end of the month, as both the Central Bank of Nigeria (CBN) and the
Accountant-General of the Federation have been ordered to seize revenue allocations to the state until its judgment is fully implemented. He urged the lawmakers to have a rethink, saying “instead of embarking on a futile image laundry by wrongly claiming that Governor Fubara who by all intents and purposes is prepared, willing and ready to re-present the 2025 budget and carry out full implementation of all aspects of the bizarre and utterly controversial judgment of the Apex Court for the sake of peace, is being misrepresented and painted in bad colour as not ready to comply with the judgment.”
In another development, the House through a Motion move by Rt. Hon. Dumle Maol requested the Economic and Financial Crimes Commission (EFCC) to investigate the Secretary to the State Government, Dr. Tammy Danagogo, for spending humongous sums of money not backed by appropriation law.
Commenting on the Motion, Rt. Hon. Amaewhule stated that the House resolved to invite the EFCC to help in the investigation because the Governor has barred all heads of Ministries, Departments and Agencies in the State not to honour their invitation; adding that it will not deter the House from performing its constitutional duties.
Also, on Monday, the House amended its Standing Orders, making room for the House to sit at any time and day within the week if it becomes necessary in the interest of the State, and in the event of an emergency, provided the House is properly convened by the Speaker.
Meanwile, the opposition Lawmakers Coalition have described ongoing moves by a section of the Rivers State House of Assembly members to impeach Governor Fubara as an illegal act. The opposition federal lawmakers in a statement Monday by its spokesperson, Ikenga Ugochinyere knocked the state lawmakers, urging Rivers people to ignore the latest antics.
This comes amid rising tensions between the governor and the Assembly over the presentation of the 2025 Appropriation Bill. In a letter dated March 13, 2025, and addressed to Speaker Rt. Hon. Martins Amaewhule, Governor Fubara had expressed his intention to present the budget on March 19, 2025, or any other day within the month after being locked out of the Assembly last week.
The coalition noted that the latest move of the pro-Wike lawmakers is aimed at causing a crisis and raising tension in the state. The coalition said there is no valid impeachment notice against the governor but a desperate strategy to divert attention from their constitutional violation of refusing to accept the budget because of their evil interest to see Rivers’ people suffer.
According to the coalition, the antics are dead on arrival since the impeachment idea issue is purely aimed at diverting attention from their disobedience to the Supreme Court judgement which demands that they receive the 2025 budget from the governor which they are dodging.
The Coalition said: “There is still a valid court judgement barring them from commencing any impeachment move and as long as that order remains, they can only dream of removing Fubara to help their political masturbation but in reality, Fubara is above their dreams.
“These guys are local political blackmailers and propagandists, they suffered Rivers state up to Supreme court and when they won on the budget, the governor compiled and presented the budget and they ran away from receiving him meaning their interest is not the budget but to ensure the people of Rivers their people suffer and die from hunger.
“The Governor wrote another letter to them and they claimed to have gone on recess on Friday evening and now suddenly the people who went on recess on Friday woke up on Monday to claim they have commenced a purported impeachment, just to distract the slated budget presentation billed for this week.
“They suddenly fabricated allegations of age falsification to the same Chief Judge they once cleared just to see if they could intimidate him into joining their anti-Rivers plot, a move that has failed already hence their attempt to undermine the state judiciary for not supporting their plots against their people.
“How can you fail to receive the budget, run away on the agreed date, claim to have gone on recess and suddenly in your hideout claim to have commenced non-existing impeachment on the same grounds of refusal to present budget, when you are the one running away from receiving the budget, so those allegations of imaginary offences are the desperate Abuja conceited offence for their dream of instaling speaker who is Wike errand boy as governor, a move that is dead on arrival, we wish to urge rivers people to go about their business as this latest kindergarten blackmail is dead on arrival and will amount to nothing.”
But the Chairman, NBA, Ibadan Branch, Mr Ibrahim Lawal, has urged Governor Fubara to retrace his steps, saying the governor has committed some infractions. Speaking on the development in a chat with The Guardian in Ibadan, Lawal said the governor could not manage people and relationships.
While decrying Fubara’s action of demolishing the House of Assembly complex, the legal luminary lamented that the governor’s high-handedness impacted governance in the state.
The NBA Chairman said: ‘’Governor Fubara should retrace his steps. I am saying this because of the way and manner he was described by the Supreme Court. To the extent that the Supreme Court said that as far as they are concerned, governance had collapsed in Rivers State because of the high-handedness of the governor.
“He has to retrace his step. He caused this trouble for himself. What is the basis for fighting the legislature in the first place? The symbol of any democratic government is its legislature. Why did he have to fight the lawmakers? The governor engaged in unnecessary fights to the extent that you have to destroy their chambers.
“It’s not fair. Why did he even have to fight his mentor in the first place? How long have you been a government and politics would begin to fight those who helped to become governor? What did he want to gain from it? We have seen governors who have managed people. So, the ability to manage people is lacking in Fubara.”
Similarly, a senior lawyer, Silvanus Maliki (SAN) believes that the governor should be impeached if he has committed an impeachable offence. “The laws should be respected to the last letters. If the governor has committed impeachable offences, the CJ of the state has a constitutional duty to set up the panel,” he declared.
Meanwhile, the Federal High Court sitting in Port Harcourt has adjourned ruling on a motion seeking to strike out the defection suit filed by the Labour Party against Martin Amaewhule and 26 other members of the Rivers State House of Assembly.
Justice Emmanuel Obelle adjourned the ruling to April 16, after hearing arguments from lawyers representing the defendants and the Labour Party. At the last hearing, a lawyer for the defendants, Ken Njemanze, informed the court that he had filed a motion urging the court to strike out the case, citing the Supreme Court’s ruling on February 28, which he argued had already resolved all issues raised in the suit.
However, a lawyer for the Labour Party, Clifford Chuku, countered that the Supreme Court’s ruling did not directly address the legality of the lawmakers’ defection from the PDP to the APC, describing the Supreme Court’s ruling on the issue of defection as collateral.
Recall that the Labour Party had filed the suit seeking the court to declare the seats of the lawmakers vacant, following their defection from the PDP to the APC.
The Guardian
