Court Lacks Power To Stop Us Impeaching Fubara, CJ Acknowledges Receipt Of Notification -Rivers Lawmakers


Rivers State House of Assembly has dismissed an order by the State High Court stopping the ongoing impeachment of Governor Siminalayi Fubara and the Deputy Governor, Professor Ngozi Oduh.

It pointed the provisions of Section 188 (10) of the 1999 Constitution (as amended) on removal of governor or deputy governor, to back up the Assembly’s position on the raging matter.

People&Politics’ checks showed that the particular Section reads thus: “No proceedings or determination of the Panel or of the House of Assembly or any matter relating to such proceedings or determination shall be entertained or questioned in any court.”

Recall that the State High Court had on Friday, 16 January, issued an interim injunction restraining the Speaker of the Rivers State House of Assembly, Hon. Martin Amaewhule and the Clerk of the House, from sending any correspondence to the State Chief Judge (CJ).

The court also halted the CJ, Justice Simeon Amadi, from taking any step towards the impeachment process.

Spokesman of the Assembly, Hon. Enemi Alabo George, justifying the legislature’s stance, said the court lacks the power to intervene in the matter.

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Hon. George, who said the assembly is not aware of any court order, stated that Section 188 (10) of the Constitution does not allow the court to intervene in the impeachment of any state governor.

“The House is not aware of any court order. However, if you read section 188 (10), the court has no power to intervene in the impeachment process.”

Rivers Assembly Confirms CJ’s Receipt Of Notice

Meanwhile, the State Assembly disclosed that the CJ has received and acknowledged official correspondence conveying notices of alleged gross misconduct against Fubara and Oduh.

The confirmation was contained in a statement issued by the Assembly’s spokesperson/Chairman of the House Committee on Information, Petitions and Complaints, Hon.(Dr.) George.

The Assembly disclosed that all relevant documents, including notices containing the allegations against the governor and his deputy, were attached to the correspondence.

Hon. George said the notice has been received and acknowledged.

The development followed the Friday plenary proceedings where the lawmakers vowed to proceed with the impeachment initiated last week.

The statement said that the lawmakers considered the need to proceed with the impeachment in line with Section 188 (3) of the 1999 Constitution (as amended).

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According to them, the Constitution allows the Assembly to investigate allegations of gross misconduct against a sitting governor and deputy governor.


By Felix Duru Mbah

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