It is now up to Rivers State Chief Judge, Justice Simeon Chibuzor Amadi, to choose between the call from the State Assembly to him to set up a panel to probe its allegations against Governor Siminalayi Fubara and Deputy Governor Ngozi Odu, and the interim injunction by a court restraining him (CJ) from receiving or acting on any notice to impeach the governor and his deputy.

Both choices were placed before Justice Amadi yesterday.

Having waited for seven days without receiving a response from Fubara on the allegations of misconduct it sent to him, the State Assembly reconvened yesterday in Port Harcourt and directed the CJ to establish a seven-member committee to begin the process of removing the governor and his deputy.

Simultaneously, a state high court sitting in Oyigbo Local Government Area issued an interim injunction restraining him from receiving, forwarding, considering or acting on any request, resolution, articles of impeachment or any form of communication from Speaker Martin Amaewhule and other members of the State House of Assembly for the purpose of constituting a panel to investigate the alleged misconduct against the governor and his deputy.

But the Pan Niger Delta Forum (PANDEF), which announced last week that it had set up a high-powered committee to reconcile the feuding sides in the Rivers imbroglio, was optimistic yesterday that truce was around the corner.

Chairman of PANDEF, Ambassador Boladei Igali, said the committee met with Federal Capital Territory (FCT) Minister Nyesom Wike in Abuja on Thursday and had scheduled separate meetings with Fubara and other stakeholders for last night in Port Harcourt.

The Rivers State legislators claimed yesterday that the governor and his deputy had no intention of stopping their alleged disobedience of the Constitution.

They accused Fubara and Odu of mastering the act of manipulating leaders and public opinion against the House rather than retracing their steps.

“The governor and his deputy are acting as if the Rivers State House of Assembly does not exist,” the lawmakers said.

Continuing, they said: “They (gov and dep. gov) are boasting that members cannot enforce the constitution. It seems like the governor and his deputy are above the law and will continue to do whatever they like against the arm of the government that is empowered to check the executive.

“While members were considering calls from the stakeholders, the governor and his deputy were busy using various platforms to attack us in the media, misinforming the public and trying to use some state institutions like the EFCC to intimidate us.

“They have refused to respond to any of the allegations and particulars of gross misconduct but would use innuendos of ‘barking dogs’ to spite us and insisting that they will not respect the legislature or work with members of the Assembly.”

They said: “The governor is the aggressor, serial offender of our constitution and a serious threat to our democracy. The sure path to a sustainable peace and progress of our state is the rule of law, separation of power and respect for the Constitution.

“In a bid to gain and win sympathy for the governor and the deputy governor, many who don’t mean well for Rivers simply reduced everything to a disagreement between our political leader and the governor.

“But the real problem is that the governor and his deputy are at fault with the grundnorm to achieve their political goals. We urge the people of Rivers to read the notice of allegations against the governor.”

The legislators blamed the governor for the failure of previous efforts to resolve the crisis because, according to them, he refused to adhere to any agreement.

“It is obvious that the only solution now is to apply the solution prescribed by the 1999 Constitution as altered, which is the impeachment of the governor and his deputy,” they said and appealed to the people of the state to “carefully consider the problem at hand and understand that the impeachment process is the best way to go at this point.”

They thanked President Bola Tinubu who, according to them, “has demonstrated so much love for Rivers in resolving this crisis but the governor and his deputy are adamant.”

They vowed to continue to “defend you and the constitution of the country.”

The legislators were soon rejoined by their four colleagues who had earlier called for leniency for the governor, and adoption of political solution.

The lawmakers backed the impeachment process against Fubara and Odu, saying the duo had refused to retrace their steps.

One of them, Minority Leader Sylvanus Nwankwo (Omuma constituency), said the governor refused to seek political solution to the crisis.

He accused Fubara and Odu of sending their aides to attack members of the s State House of Assembly.

He said: “Recall that on January 12, myself and my colleague, Peter Abbey, addressed the press, wherein we made a plea to our colleagues to seek a political solution to this impasse that is going on between the Assembly and the governor.”

“During the pendency of this appeal, we found that the governor and the deputy had implored their media boys and aides to continuously attack the Rivers State House of Assembly instead of seeking a political solution that we offered.

“It is on this basis that I and my colleague are saying that the impeachment proceeding should continue. We have rescinded our plea.”

Bariele Nwako, who similarly dropped their appeal for a political solution, said: “Regrettably, the governor and the deputy governor have sent signals to us that they are not prepared to retrace their steps and govern in line with the constitution; they are adamant.

“Their strategy is to intimidate us into withdrawing the impeachment process for the third time while they continue their infractions of the Constitution and the law. On this note, we are continuing with the impeachment process.”

Emilia Lucky-Amadi said: “The governor and deputy are ignoring us; they are insisting that they will not govern in line with the constitution, and nothing will happen.

“There are strong indications that they are adamant with their decisions to continue with illegal actions and are boasting that we do not matter and cannot perform oversight functions.”

Moments after addressing the public, the assembly reconvened and directed Chief Judge Amadi to constitute a seven-member committee to begin the process of removing Fubara and Odu.

Citing relevant sections of the constitution at yesterday’s plenary session of the House, Speaker Amaewhule said the process of removing the governor and his deputy would continue with or without their responses to the allegations against them.

His words: “Distinguished colleagues, let me read what is provided in the constitution. It states within 14 days of the presentation of the notice to the Speaker of the House of Assembly, whether or not any statement was made by the holder of the office in reply to the allegation contained in the notice, the House of Assembly shall resolve by motion, without any delay, whether or not the allegation shall be investigated.”

He subsequently asked the members to vote on whether the allegations of misconduct against the governor and the deputy governor be investigated or not.

All members, including the four who had earlier publicly opted out of the impeachment move, voted in support of investigation.

He then said: “Distinguished colleagues, by this voting, the Rivers State House of Assembly has resolved that the investigations against allegations of gross misconduct leveled against His Excellency the governor of Rivers State shall proceed.

“By virtue of Section 188 subsection 5, I will ensure that the resolution of this House is immediately communicated to the Chief Judge.”

Amaewhule, in the letter to the Chief judge, said: “I write to request that you appoint a panel of seven (7) persons to investigate the allegations of gross misconduct against His Excellency, Sir Siminalayi Fubara, the Governor of Rivers State, pursuant to section 188(5) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).

“The House resolved in compliance with section 188(4) of the Constitution that these allegations be investigated.”

Attached to the letter were copies of the Notice of Allegations of Gross Misconduct; acknowledged copy of the Notice of Allegations of Gross Misconduct; copies of the Rivers State Impeachment Panel (Conduct of Investigations) Procedure, 2025; photocopies of newspaper publications of The Nation, The Guardian and The Sun, as well as other relevant documents.

Fubara, Odu secure court order to stop impeachment

Fubara and Odu yesterday approached and got an interim injunction from the State High Court in Oyigbo Local Government Area to stop their planned impeachment.

Justice F.A. Fiberesima restrained Chief Judge Amadi from receiving, forwarding, considering and or however acting on any request, resolution, articles of impeachment or other document or communication from one to twenty-seventh defendants (the Speaker and other members of the State Assembly) for the purposes of constituting a panel to investigate the purported allegations of misconduct against the governor and his deputy for seven days.

The court also granted leave to the claimants/ applicants to serve the interim order, the originating processes in the suits and all other subsequent processes.

The court directed that the interim order, the originating processes in the suits to be served on the 32 defendants and the Chief Judge of the state through any staff of Judiciary at the Chief Judge’s Chambers within the court premises.

PANDEF intensifies peace efforts

Contacted yesterday on the peace initiative of PANDEF, the National Chairman of the foremost South-South group, Ambassador Igali, said the committee chairman informed him that he had a successful meeting with Wike on Thursday while further meetings with other stakeholders, including Fubara, were on the cards.

“As at today, members of the committee are holding meetings with other stakeholders including the governor. As we are talking, they are with the governor right now holding a meeting. Let us allow them to do their job,” he said.

He added: “They are senior and mature people and elder statesmen and women. When your children have a misunderstanding, you go with an open heart to make peace. PANDEF is a non-partisan body and we are all elders.

“We picked people who cannot be influenced and people of high moral standing, who can give clear and objective advice in the interest of the parties, the state and the country.

“Rivers state is an important state. Things that are happening to Rivers state are critical to the national economy and even the global energy situation. PANDEF, under my leadership, cannot fold its hands and watch.

“Rivers State elders have shown courage. But some of the parties may take them for granted because they are in the local scene. We are only joining their efforts to make peace and we will get there.

“In this world, men must have conflict. But at the end of the conflict, it is the negotiation table that solves everything. It is better to jaw-jaw than to war-war. We are looking at a win-win situation where there is no winner and no loser.

“I am optimistic that the team PANDEF has picked are people that have the panache and the experience and knowledge to broker peace.

“The whole country is waiting on them. Yesterday (Thursday) the chairman of the committee said he had a successful meeting with the minister of the FCT in Abuja.

“Members of the committee proceeded to Port Harcourt and since morning they have been holding meetings with different groups. They will be there till early next week and by God’s grace we will get somewhere.

“Mr. President has tried his best so we are trying to complement his efforts.”

Lawmakers got N350m each for constituency projects, says Fubara’s aide

A Special Adviser to Governor Fubara, Darlington Orji, alleged yesterday that members of the Rivers State House of Assembly received N350 million each for constituency projects.

He said the funds were disbursed during the tenure of former Sole Administrator, Ibok-Ete Ibas.

Orji made the allegation yesterday while appearing on Arise Television’s Morning Show, where he addressed questions surrounding the budget process and recent tensions between the executive and the legislature.

Orji said the N100,000 offered the assemblymen for Christmas was the same amount given to civil servants.

Orji could not understand the rejection of the money by the legislators, claiming that the same people had previously accepted N350 million each for constituency projects without raising concerns about appropriation.

He said: “You know that in preparing budget, there are too many things that will be improved that will make up the appropriation bill. And when they say their interest was not captured, and the man (Fubara) said, don’t worry, by December.

“So, the specific amount I do not know as it stands today, because that presentation was not made because His Excellency, the governor, refused to accept that. But don’t forget, in December, there was N100,000 that was given to civil servants as a way of appreciating them. It was also given to the members of Rivers. Some people rejected the money.

“They rejected it, that it was not appropriated. You cannot build something on nothing. Now, you rejected N100,000 because it was not appropriated. Can you ask them, please, sir, the N350 million that was given to each of them for their constituency projects, where did it come from? Why did they not reject it since it was not appropriated?

“It was Ibok-Ete Ibas, the Sole Administrator, after the signing of the Appropriation Act, that the budget had been passed to law, it was there they gave them the money. Why did they not say it was not captured?”

Last Sunday, the Chairman of the Rivers House Committee on Information, Petitions and Complaints, Dr. Enemi Alabo George, alleged that the Assembly had received “credible information” on alleged moves by certain individuals to secure ex parte orders from outside the Port Harcourt Judicial Division to prevent the legislature from carrying out its constitutional responsibilities.

He said the impeachment process was “fully on course in line with relevant provisions of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).”

“The two notices of allegations of gross misconduct brought pursuant to Section 188 of the Constitution against the Governor and Deputy Governor have been forwarded to them by the Speaker of the House, while we await their responses.”

Section 188 of the 1999 Constitution stipulates as follows:(1) The Governor or Deputy Governor of a state may be removed from office in accordance with the provisions or Deputy Governor of this section.

(2) Whenever a notice of any allegation in writing signed by not less than one-third of the members of the House of Assembly.

(b) stating that the holder of such office is guilty of gross misconduct in the performance of the functions of his office, detailed particulars of which shall be specified. the speaker of the House of Assembly shall, within seven days of the receipt of the notice, cause a copy of the notice to be served on the holder of the office and on each member of the House of Assembly, and shall also cause any statement made in reply to the allegation by the holder of the office, to be served on each member of the House of Assembly.

(3) Within fourteen days of the presentation of the notice to the speaker of the House of Assembly (whether or not any statement was made by the holder of the office in reply to the allegation contained in the notice -, the House of Assembly shall resolve by motion, without any debate whether or not the allegation shall be investigated.

(4) A motion of the House of Assembly that the allegation be investigated shall not be declared as having been passed unless it is supported by the votes of not less than two-thirds majority of all the members of the House of Assembly.

(5) Within seven days of the passing of a motion under the foregoing provisions of this section, the Chief judge of the State shall at the request of the speaker of the House of Assembly, appoint a Panel of seven persons who in his opinion are of unquestionable integrity, not being members of any public service, legislative house or political party, to investigate the allegation as provided in this section.

(6) The holder of an office whose conduct is being investigated under this section shall have the right to defend himself in person or be represented before the panel by a legal practitioner of his own choice.

(7) A Panel appointed under this section shall-

(a) have such powers and exercise its functions in accordance with such procedure as may be prescribed by the House of Assembly; and within three months of its appointment, report its findings to the House of Assembly.

(8) Where the Panel reports to the House of Assembly that the allegation has not ben proved, no further proceedings shall be taken in respect of the matter.

(9) Where the report of the Panel is that the allegation against the holder of the office has been proved, then within fourteen days of the receipt of the report, the House of Assembly shall consider the report, and if by a resolution of the House of Assembly supported by not less than two-thirds majority of all its members, the report of the Panel is adopted, then the holder of the office shall stand removed from office as from the date of the adoption of the report.

(10) No proceedings of determination of the Panel or of the House of Assembly or any matter relating to such proceedings shall be entertained or questioned in court.

A senior advocate of Nigeria (SAN) Asiwaju Kunle Kalejaiye told The Nation yesterday that under the law, the Chief Judge “cannot refuse to act unless there is a legal impediment which forbids him from acting.”

“I submit that if there is a valid court order barring the CJ from empanelling, then as a law officer he must respect the order.

“I am not unaware of the provisions of Section 188(10) which preclude judicial Interference with the process but I am of the view that only the panel or the House of Assembly cannot be stopped. But the appointor- the CJ-could be stopped by a court order if there are legal reasons to do so.

“Important requirements:

The panel members must be persons of unquestionable integrity.

They must not be public officers.

They must not be members of any political party.

“This is very important. The Chief Judge must be well guided by this provision as he is not at liberty to appoint people of questionable character or fill the committee with known enemies of the Governor or the Deputy.

“Politicians are excluded. The law allows the CJ to choose even non indigenes of the state who fit the criteria.

“Also, the panel must allow legal representation for the Governor or Deputy. The panelists need not be lawyers or Judges. Members of the larger society with ability to understand the purport of the allegations and take a reasonable decision thereon.”

Another senior advocate, Chief Wale Taiwo, said: “Although the Chief Judge is under no constitutional duty to share the power of appointment of the seven persons with his brother Judges, it will not be a bad exercise of power to consult his learned brothers, particularly the most senior ones.

“It will not be wrong if he asks them for names. The CJ is not bound by the names they send to him but at the end of the day, there will be mutuality of confidence in the matter and that is good both for the Chief Judge and his learned brother Judges.

“The Chief Judge is a man of law and good judgment and should be trusted to take decisions with egalitarian outlook. The search for membership of the Panel need not be confined to the geographical territory of the State.

“The Constitution does not so restrict the appointment. A member can be picked and appointed from another state. He could be an indigene of the state. He need not be.

“As a matter of law, the search could go to the Diaspora, if necessary, with a view to ensuring that the essence of checks and balances inherent in Section 188(5) is observed.

“Beyond the foregoing, however, is the obvious socio-political fall out that may attend such panel’s membership and the execution of its mandate. Thus, care must be taken to avoid a panel which may be at risk of not bringing about a genuine outcome.” (The Nation)

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