*Assembly Insists Section 188 (10) Ousts Court Interference In Impeachment
There could be lavish smiles, back-slapping and clinking of glasses in Government House, Port Harcourt presently as the Chief Judge (CJ) of Rivers State, Justice Simeon C. Amadi, stated that he is legally restrained from constituting a seven-member panel to investigate allegations of gross misconduct against the State Governor Siminalayi Fubara and Deputy Governor Professor Ngozi Oduh.
The development is a major dagger into the back of majority of members of the State House of Assembly, backed by Minister of Federal Capital Territory (FCT), Barrister Nyesom Wike, who has been embroiled in a damaging battle for the soul of Rivers state with his estranged political godson, Fubara.
The lawmakers had served an impeachment notice on Fubara and Oduh and proceeded to order the State CJ to constitute a seven-man panel to examine the lawmakers’ allegations against the top two citizens of the petro-dollar-rich state, then revert to the Assembly,in consonance with the provisions of the 1999 Constitution (as amended).
The CJ’s stage of the impeachment process is seen to be a sensitive stage as, once proven guilty of allegations of gross misconduct,such state Chief Executive and his deputy will,in all likelihood,be subsequently impeached by the Assembly.
But, in a letter addressed to the Speaker of the State Assembly, Rt. Hon. Martin Chike Amaewhule, dated 20 January, 2026, Justice Amadi referred to two letters from the House of Assembly, both dated 16 January, 2026, which requested him “to appoint seven (7) persons to investigate the allegations of gross misconduct against His Excellency, Sir Siminalayi Fubara, GSSRS, the Governor of Rivers State, pursuant to Section 188(5) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).”
The requests were based on resolutions of the House pursuant to Section 188 (4) of the Constitution.
A similar request was made regarding the Deputy Governor, Oduh, in the same language and effect, according to the CJ.
Justice Amadi revealed that his office had also received two separate court orders of interim injunction on January 16, 2026 in two suits: Suit No.: OYHC/6/CS/2026 – Her Excellency, Prof. (Ms.) Ngozi Nma Odu, DSSRS Vs. The Rt. Hon. Martin Amaewhule, DSSRS (Speaker, Rivers State House of Assembly) & 32 Ors and Suit No.: OYHC/7/CS/2026 – His Excellency, Sir Siminalayi Fubara, GSSRS Vs. The Rt. Hon. Martin Chike Amaewhule, DSSRS (Speaker, Rivers State House of Assembly) & 32 Ors.
The CJ is listed as the 32nd defendant/respondent in both suits, and the interim orders were served on his office on 26 January.
Justice Amadi cited paragraph 1 of the orders, which reads: “That an interim injunction is hereby made, restraining the 32nd Defendant, i.e., The Hon. Chief Judge of Rivers State from receiving, forwarding, considering and or howsoever acting on any request, resolution, articles of impeachment or other documents or communication from the 1st-27th and 31st Defendants for the purpose of constituting a panel to investigate the purported allegations of misconduct of the Claimant/Applicant for seven days.”
Attached to his letter were certified true copies of the court orders. Justice Amadi emphasized the importance of constitutionalism and the rule of law, noting that “all persons and authorities are expected to obey subsisting orders of court of competent jurisdiction, irrespective of perception of its regularity or otherwise.”
The CJ also referenced case law in support of his position, citing Hon. Dele Abiodun vs. The Hon. Chief Judge of Kwara State & 3 Ors. (2007) 18 NWLR, 109-169, in which the Court of Appeal condemned a Chief Judge for constituting a panel to investigate allegations against an appellant despite a subsisting restraining order.
That court had warned: “I liken the scenario created by the Chief Judge to the position of a chief priest and custodian of an oracle turning round to desecrate the oracle. The Chief Judge of the State who is the custodian and head of the judicial arm of the State, ought to abide by the Laws of the State, nay the land…”
Justice Amadi added that the Speaker of the Rivers House has already filed an appeal against the interim orders at the Court of Appeal, Port Harcourt Division, with notices served on 19th and 20th January.
He explained that under the doctrine of lis pendens, “parties and the court have to await the outcome of the appeal.”
He concluded that, due to the subsisting interim orders and pending appeal, his “hand is fettered” and he is “legally disabled at this point from exercising my duties under Section 188 (5) of the Constitution in the instant.”
Justice Amadi urged the Assembly to “be magnanimous enough to appreciate the legal position of the matter.”
A Rivers State High Court sitting in Port Harcourt had restrained the CJ from receiving or acting on any correspondence from the Rivers State House of Assembly connected to ongoing moves to impeach Fubara and Oduh even as the Assembly had cited constitutional provision, specifically Section 188 (10) ousting the courts from interference or adjudication on impeachment matters.
For the avoidance of doubt, Subsection 10 states: “No proceedings or determination of the Panel or the House of Assembly or any matter relating to such proceedings or determination shall be entertained or questioned in any court.”
*PHOTO CAPTION: Fubara.
