Rivers Chief Judge Blocks Impeachment Panel Against Governor Siminalayi Fubara Over Court Injunctions

The Chief Judge of Rivers State, Justice Simeon Amadi, has refused to constitute a seven-member panel to investigate allegations of gross misconduct against Governor Siminalayi Fubara and Deputy Governor Ngozi Odu, citing subsisting interim injunctions restraining him from taking such action.

In a letter dated 22 January 2026 to the Speaker of the Rivers State House of Assembly, Rt. Hon. Martins Amaewhule, Justice Amadi explained that his office received certified true copies of two separate interim orders issued on 16 January in suits filed by Governor Fubara and Prof. Odu. The orders bar him and any person acting under his authority from initiating the investigative process under Section 188(5) of the 1999 Constitution until the substantive cases are resolved.

The Assembly had earlier requested the Chief Judge to appoint a seven-person panel of “proven integrity” to probe allegations of misconduct after the governor failed to respond within the constitutionally mandated 14-day period. However, Justice Amadi stressed that constitutionalism and the rule of law demand obedience to court orders, regardless of perceptions about their validity. He cited a Court of Appeal precedent condemning a Chief Judge who ignored a restraining order, likening such defiance to “a chief priest desecrating the oracle.”

While acknowledging that the Speaker has filed an appeal against the injunctions, Justice Amadi invoked the doctrine of lis pendens, noting that all parties must await the outcome of the appeal. He outlined two conditions under which he could act:

• If the interim orders are vacated, or
• If the appeal is finally determined in a way that lifts the restraint.

“My hand is fettered,” he wrote, “as there are subsisting interim orders and an appeal against them. I am therefore legally disabled at this point from exercising my duties under Section 188(5).”

The letter sparked jubilation among Governor Fubara’s supporters, who hailed it as a victory for the rule of law and a setback for the impeachment move led by the pro-Wike faction in the Assembly.

Background

The impeachment bid stems from a prolonged political crisis between Governor Fubara and his predecessor, Nyesom Wike (now FCT Minister). The rift has fractured the Assembly and triggered multiple court battles. The current notice, signed by 27 lawmakers, accuses Fubara of budgetary breaches, fund diversion, and disregard for legislative resolutions.

Section 188 of the Constitution prescribes a strict process for removing a governor or deputy, including Assembly resolutions, CJ appointment of a panel, and a two-thirds majority vote. Courts have frequently intervened in similar crises in Ekiti, Oyo, Plateau, and Edo, restraining impeachment moves on procedural grounds.

For now, the CJ’s refusal maintains the status quo pending appellate review, though the allegations remain unresolved. The Assembly has vowed to pursue its appeal vigorously, while Fubara’s camp sees the ruling as a major legal reprieve.