Impeachment: Rivers Chief Judge Hailed for Refusing to Constitute Panel Against Fubara
- A pro-democracy group has backed Rivers State Chief Judge Simeon Amadi for refusing to constitute a panel to probe Governor Siminalayi Fubara
- The group said interim court orders and a pending appeal lawfully prevented any impeachment-related action by the chief judge
- The coalition warned that continued impeachment moves by the Rivers assembly could trigger a constitutional crisis
A pro-democracy advocacy group has backed the Rivers State Chief Judge, Simeon Amadi, over his refusal to constitute a judicial panel to probe Governor Siminalayi Fubara and his deputy, Ngozi Odu, describing the decision as lawful and consistent with constitutional requirements.
The Coalition for Democratic Accountability and Rule of Law said the chief judge acted within the bounds of the law by declining the request from the Rivers State House of Assembly.
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The group said the decision was compelled by existing court orders and a pending appeal before the Court of Appeal, which restricted any action connected to impeachment proceedings.
Court orders and constitutional limits
In a statement issued on Friday, the coalition said interim injunctions barred the chief judge from receiving or acting on impeachment related requests. It added that this left him with no discretion under Section 188(5) of the Constitution.
The group’s national president, Barrister Ibrahim Lawal Abdulkareem, said the chief judge’s explanation that his hands were “fettered” reflected obedience to the rule of law rather than political interest.
“Justice Amadi did exactly what the Constitution and judicial ethics demand. Once a court of competent jurisdiction issues an order, every individual and institution, including the legislature and the chief judge himself, is bound by it,” he said.
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Group explains doctrine of lis pendens
According to the coalition, the chief judge’s reliance on the doctrine of lis pendens was appropriate and legally sound. The doctrine, it said, exists to preserve the integrity of judicial proceedings while an appeal is pending.
“When a matter is before a higher court, all parties are required to maintain the status quo. The chief judge’s refusal to act while an appeal is pending is not obstruction; it is constitutional discipline,” Abdulkareem said.
The group warned that any continued impeachment steps by the Rivers assembly in defiance of court orders could amount to an assault on judicial authority. It said such actions could trigger a constitutional crisis in the state.
“The impeachment of a sitting governor is one of the gravest powers entrusted to a legislature. It is not a political shortcut and certainly not a process that can be pursued in defiance of court orders,” the statement said.
Group calls for restraint and legality
CDARL urged lawmakers to await the outcome of the appeal before taking further steps, noting that political tensions could only ease through compliance with judicial directives. It said disregard for interim orders often marked the beginning of constitutional breakdowns.
“The chief judge’s request for understanding was not a plea; it was a reminder that no arm of government is above the law. Constitutional patience is not weakness; it is the price of democratic survival,” Abdulkareem said.
The coalition said its position was not a defence of any officeholder but a stand for judicial independence and constitutional order, warning that undermining the courts posed long term risks to democratic stability.
Fubara, lawmakers at loggerheads again
Legit.ng earlier reported that barely two months after the suspension of emergency rule in Rivers state and the reinstatement of democratic structures, tensions resurfaced between Governor Fubara and members of the state house of assembly led by Amaewhule.
During its 31st legislative sitting, the House condemned the vandalisation of property at the Township School in Port Harcourt and other schools across Rivers state. Lawmakers lamented the alleged decayed infrastructure in public primary and secondary schools and accused the executive arm of doing little to address the situation.
Source: Legit.ng
