Politics of Friday, 23 January 2026

Source: www.vanguardngr.com

Why I declined to constitute panel to probe Fubara — Rivers CJ

FCT Minster, Nyesom Wike and Governor Sim Fubara FCT Minster, Nyesom Wike and Governor Sim Fubara

The Chief Judge of Rivers State, Justice Simeon Amadi, has explained why he declined the request by the Rivers State House of Assembly to constitute a seven-man panel to investigate allegations of gross misconduct against Governor Siminalayi Fubara and his deputy, Prof. Ngozi Odu, citing subsisting court orders restraining him from taking such action.

Justice Amadi also urged the House of Assembly and all parties involved in the Rivers political crisis to respect and obey existing court orders, describing constitutionalism and the rule of law as the foundation of democratic governance.

The Chief Judge’s position was contained in a letter dated January 20, 2026, personally signed by him and addressed to the Speaker of the House, Martin Amaewhule.

The Assembly, led by Amaewhule, had commenced impeachment proceedings against Governor Fubara and his deputy over alleged gross misconduct and, in a letter dated January 16, 2026, formally requested the Chief Judge to constitute a panel in line with Section 188(5) of the 1999 Constitution (as amended).

However, Justice Amadi disclosed that his office received, on the same day, two separate interim injunctions issued by the Oyibo Division of the Rivers State High Court, sitting in Port Harcourt, restraining him from receiving, considering or acting on any impeachment-related request from the Assembly.

According to the Chief Judge, the interim orders were granted in two separate suits filed by the Governor and his deputy: Suit No. OYHC/7/CS/2026 filed by Governor Fubara and Suit No. OYHC/6/CS/2026 filed by Prof. Odu. In both suits, the Chief Judge is listed as the 32nd defendant.

In the letter, Justice Amadi stated that the interim injunctions expressly barred him from acting on any communication from the lawmakers relating to the constitution of a probe panel for a period of seven days, pending further proceedings.

“The said interim orders were served on my office on the same 16th January, 2026,” the letter stated, adding that the orders restrained him from “receiving, forwarding, considering and or howsoever acting on any request, resolution, articles of impeachment or other documents” from the Assembly for the purpose of constituting a panel.

Justice Amadi further noted that the Assembly had already appealed the interim orders at the Court of Appeal, Port Harcourt Division, and that he had been served with the notices of appeal on January 19 and 20.

He explained that by the doctrine of lis pendens, all parties, including the court, were required to await the outcome of the appeal.

“Constitutionalism and the Rule of Law are the bedrock of democracy and all persons and authorities are expected to obey subsisting orders of court of competent jurisdiction, irrespective of perception of its regularity or otherwise,” the Chief Judge stated.

He stressed that until the interim orders are set aside or the suits finally determined, he remains legally constrained from exercising his constitutional duty under Section 188(5) of the Constitution.

“In view of the foregoing, my hand is fettered, as there are subsisting interim orders of injunction and appeal against the said orders. I am therefore legally disabled at this point from exercising my duties under Section 188(5) of the Constitution in the instant,” Justice Amadi concluded.