The Chief Judge of Rivers State, Justice Simeon C. Amadi, has turned down a request from the Rivers State House of Assembly to form a seven-man investigative panel to look into allegations of “gross misconduct against Governor Siminalayi Fubara and his deputy, Ngozi Nma-Odu,” because of “subsisting court orders and a pending appeal.”
Justice Amadi’s decision was detailed in a formal letter to the Speaker, Martin Amaewhule, after the legislature attempted to initiate impeachment proceedings under “Sections 188(4) and 188(5) of the 1999 Constitution (as amended).”
The Chief Judge explained that his ability to act is currently restricted, stating, “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.”
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Although the Assembly provided a notice of allegations and the “Rivers State Impeachment Panel (Conduct of Investigations) Procedure, 2025,” Justice Amadi revealed that he had been served with two interim injunctions from the Rivers State High Court sitting in Oyigbo.
These orders specifically “restrain the Chief Judge from ‘receiving, forwarding, considering or howsoever acting on any request, resolution, articles of impeachment or other communication’” regarding the impeachment for seven days.
The Chief Judge further noted that because the House of Assembly has appealed these orders, the legal doctrine of “lis pendens” must apply. He wrote that “By the doctrine of ‘lis pendens’, parties and the court have to await the outcome of the appeal.”
Emphasizing the importance of the rule of law, Justice Amadi maintained that “all persons and authorities are obligated to obey valid court orders until they are set aside.”
He concluded by noting that “Given the above scenario, our legal jurisprudence enjoins the parties to obey the order of interim injunction until it is set aside or the substantive suit is finally determined,” effectively halting the impeachment process for the time being.
See letter below:
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