There is a new twist to the ongoing political fracas in Rivers State as the Chief Judge of the state, Justice Simeon Amadi, refused to constitute a judicial panel to investigate Governor Siminalayi Fubara, citing a subsisting court order restraining him from taking such action.
The decision according to a report published by Vanguard consequently stalls the move by the Rivers State House of Assembly to commence formal impeachment proceedings against Governor Fubara and his deputy, Prof. Ngozi Odu, over allegations of gross misconduct.
Under Section 188(5) of the 1999 Constitution (as amended), the Chief Judge is the only authority empowered to constitute a seven-man judicial panel to investigate impeachment allegations against a governor or deputy governor. Without such a panel, the impeachment process cannot legally proceed.
However, a credible source familiar with the development disclosed on Wednesday that Justice Amadi had no room to act, as he is expressly named in an existing order of a Rivers State High Court, which restrains him from taking any step capable of advancing the impeachment process.
“There is a court order from a High Court sitting in Port Harcourt. The name of the Chief Judge is specifically mentioned. He cannot disobey the law. He must do exactly what the court says,” the source said.
According to the source, the restraining order makes it legally impossible for the Chief Judge to set up the requested panel, regardless of pressure from any faction of the House.
“If there was no court order, I can tell you sincerely that the Chief Judge would not have any option under the Constitution but to set up the investigative panel,” the source added.
The source, however, noted that while the faction of the Assembly led by Speaker Martins Amaewhule may still challenge the ruling at the appellate court, the present order remains binding until set aside.
“They may go on appeal, but as things stand, the Chief Judge has been ordered not to do anything contrary. Until that order is vacated, the impeachment process is effectively frozen,” the source said.
The development throws a major legal roadblock in the path of the impeachment drive and deepens the high-stakes power struggle rocking Rivers politics.
