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Senior Lawyers Back Rivers Chief Judge’s Refusal To Set Up Impeachment Panel

Kunle Olasanmi by Kunle Olasanmi
4 months ago
in News
Ahamewule Fubara
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Some senior lawyers have backed the chief judge of Rivers State, Simeon Amadi’s  refusal to set up an impeachment panel against Governor Siminalayi Fubara, citing a pending court order.

The lawyers said the chief judge’s action is in adherence to the rule of law. The Rivers State House of Assembly had requested that Amadi set up a seven-member panel to probe Fubara and his deputy, Ngozi Odu, over allegations of gross misconduct.

In a letter dated January 20 and addressed to the Speaker of the House, Martins Amaewhule, the chief judge, cited two court orders barring him from receiving, forwarding, or considering any requests to form such a panel.

The judge stated that the orders were served on his office on January 16, 2026, and remain in force.

A senior lawyer, Dr Wahab Shittu (SAN), stated that the impeachment has been paused by the Chief Judge’s decision, and that until the court order is lifted, all parties involved in the dispute must refrain from taking any action.

Shittu stated, “We all know that impeachment is primarily a political process. However, if a court with proper jurisdiction issues an order stopping the Chief Judge from proceeding, even if the judgment was based on a proceeding conducted without jurisdiction, it remains valid until a higher court rules otherwise.

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Another senior Lawyer, Kayode Oluseye, agreed with Shittu. He stated that the Chief Judge’s role is pivotal in determining the fate of the impeachment proceedings, and by refusing to establish a panel, he has effectively put the brakes on the process.

He said, “The Rivers State Chief Judge’s decision not to establish the impeachment panel solely because of existing court injunctions is appropriate, as it has effectively paused the impeachment process.

He maintained, “Without the panel’s investigation and report, the House of Assembly cannot proceed with the removal vote, thus halting the process until legal matters are resolved.

Another senior lawyer, Mr Abdul Balogun (SAN), hailed the chief judge’s courage in declining to set up the panel.

He said, “I commend the CJ for standing by the rule of law. He knows his action will be nullified if he goes ahead, so the honourable thing to do is to wait for the outcome of the court case against the planned impeachment”

Abuja-based Constitutional lawyer, Barrister Julius Okopa, said the State Assembly should tread with caution to avoid throwing the state into crisis.

“The Rivers CJ did not only do the right thing, but he also did the honourable thing. When a matter is before the law court, the right thing to do is to suspend action pending the determination of the case one way or the other.

“You cannot overreach the court, no matter who you are. You must allow the rule of law to prevail. The implication of all these is that parties have to wait till the case is determined”, he said.

Another lawyer, Barrister Okejemo Dan, said the implication is a temporary halt or delay in the constitutional impeachment proceedings, as the CJ cannot act under a restraining order.

He said, “He is bound by the court action. He can’t do anything, particularly, for the fact that he has been made a party in the suit. He has to await the outcome of the suit”.

Chief Judge of Rivers State, Justice Simeon Amadi, has declined the request of the Rivers State House of Assembly, to set up a seven-man panel to investigate allegations of gross misconduct levelled against Governor Siminalayi Fubara and his deputy, Professor Ngozi Odu.

Speaker of the House, Rt. Hon. Martins Amaewhule, had last Friday written to the chief judge requesting for the panel to investigate the governor and his deputy following notices of impeachment served on them and signed by 25 members of the House.

However, that same Friday, a High Court sitting in Oyigbo, Oyigbo local government area, issued two separate interim injunctions restraining the chief judge from setting up a panel to investigate investigate Fubara and Odu.

Recall that the governor and his deputy had approached the High Court to challenge the Impeachment proceedings, citing alleged improper service of the impeachment notice.

The court, headed by Justice F.A. Fiberesima, also restrained the House from going ahead with the impeachment proceedings.

The chief judge, in a letter addressed to Amaewhule, said he cannot constitute any panel since the two injunctions were yet to be vacated.

Amadi also said Amaewhule had approached that Court of Appeal to challenge the interim injunctions of the High Court, pointing out that until all the matters are addressed by the court, he can not legally carry out such assignment.

 

 

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Kunle Olasanmi

Kunle Olasanmi

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