NEWS
Rivers Impeachment Crisis: Chief Judge, Simeon Amadi, Explains Legal Grounds for Rejecting Assembly’s Request to Constitute Investigative Panel on Governor Fubara, Deputy Amid Subsisting Court Orders
The Chief Judge of Rivers State, Justice Simeon Amadi, has given a comprehensive legal justification for his refusal to constitute a seven-member judicial panel to investigate allegations of gross misconduct levelled against Governor Siminalayi Fubara and his deputy, Professor Ngozi Nma Odu, as impeachment tensions continue to escalate in the state.
Justice Amadi made his position clear in a formal letter addressed to the Speaker of the Rivers State House of Assembly, Rt. Hon. Martin Amaewhule, in which he explained that his hands are tied by existing court orders. He emphasized that strict obedience to the rule of law and constitutional provisions must supersede political pressure or expediency.
The Rivers State House of Assembly had, on January 16, formally written to the Chief Judge, requesting the constitution of an investigative panel in line with Section 188 of the 1999 Constitution, following the commencement of impeachment proceedings against the governor and his deputy. The lawmakers alleged that both officials committed acts amounting to gross misconduct and sought judicial intervention to move the process forward.
However, Justice Amadi revealed that prior to acting on the Assembly’s request, Governor Fubara and his deputy had independently approached the High Court sitting in Port Harcourt, Oyibo Division.
According to him, both officials obtained interim injunctions restraining the Chief Judge from taking any step whatsoever in connection with the impeachment process, including setting up the proposed seven-member panel.
In his correspondence dated January 20, Justice Amadi confirmed that his office received both the resolution of the House of Assembly and the interim court orders. He explained that the injunctions expressly prohibited him, named as the 32nd defendant in the suits, from receiving, processing, or acting on any notice, resolution, or document from the House of Assembly relating to the impeachment investigation.
The Chief Judge further stated that the interim orders remain valid, binding, and enforceable until they are set aside or until the substantive matters before the court are fully determined. He also disclosed that the Speaker and the Rivers State House of Assembly had already lodged appeals against the injunctions at the Court of Appeal, Port Harcourt Division.
Justice Amadi noted that under well-established legal principles, particularly the doctrine of lis pendens, all parties involved in a matter are obligated to maintain the status quo while an appeal is pending. Any action taken in disregard of this principle, he warned, would constitute a breach of judicial authority and a violation of constitutional order.
“In light of the subsisting interim orders and the pending appeals, I am legally constrained and unable to exercise my constitutional responsibility under Section 188(5) at this time,” the Chief Judge stated, adding that any step taken in defiance of valid court orders would severely undermine the integrity and independence of the judiciary.
He therefore called on members of the Rivers State House of Assembly to understand the prevailing legal realities and allow due process to take its course.
Justice Amadi’s position, he stressed, reflects the judiciary’s unwavering commitment to constitutionalism and reinforces the fundamental principle that court orders must be obeyed by all arms of government, irrespective of political urgency or pressure.