Reported by: Oahimire Omone Precious | Edited by: Gabriel Osa
Port Harcourt — In a significant judicial intervention in the protracted political crisis rocking Rivers State, Hon. Justice Simeon C. Amadi, Chief Judge of the state, has declined a request by the Rivers State House of Assembly to establish a seven-man investigative panel to probe allegations of gross misconduct against Governor Siminalayi Fubara and his deputy, Professor Ngozi Nma Odu.
In a four-page letter dated January 20, 2026, Justice Amadi informed the Speaker of the House, Rt. Hon. Martin Amaewhule, that he cannot act on the Assembly’s request due to existing court orders and ongoing litigation relating to the impeachment process. The judge’s response highlights the widening constitutional confrontation between the legislative and judicial arms of government in Rivers State, one that has unfolded against the backdrop of competing impeachment and counter-impeachment maneuvers since late 2025.
Justice Amadi explained that both Governor Fubara and Deputy Governor Odu had instituted separate lawsuits challenging the legality of the impeachment efforts initiated by the state Assembly, contending that due process was not followed and that the allegations against them were politically motivated. In response to those filings, an interim injunction was issued by a Federal High Court on January 16, 2026, restraining the Chief Judge from “receiving, forwarding, or acting on any impeachment notice or resolution” from the Assembly. The judicial directive, the Chief Judge said, remains in force and is binding until further order of the court.
“As head of the judiciary in Rivers State,” Justice Amadi wrote, “it is my duty to respect and obey the orders of courts of competent jurisdiction. Court orders must be obeyed whether or not parties agree with them.” He noted that any act in defiance of valid injunctions could expose judicial officers to contempt proceedings and further complicate the already tense political impasse.
The Chief Judge also noted that the House of Assembly has appealed the interim injunctions to the Court of Appeal, where the matter is now being contested at a higher judicial forum. This, he said, invokes the legal doctrine of lis pendens, meaning that where litigation involving the same issue is pending before a competent court, actions affecting the subject matter must await its final determination. In practical terms, the doctrine requires all parties to hold their positions while the appellate process unfolds, preventing parallel or conflicting actions on the same matter.
The Assembly’s request for a panel followed months of political turbulence in Rivers State, marked by rival factions within the ruling party and disputes over the leadership of both the executive and legislative branches. The impeachment process, which began in late 2025, has been characterised by back-and-forth legal filings, counter-motions, and public accusations of political vendettas — a situation that has drawn national attention as one of the most high-profile subnational constitutional crises in Nigeria in recent years.
Governor Fubara, elected in 2023 on the platform of the People’s Democratic Party (PDP), has consistently rejected the impeachment allegations as unfounded and driven by intra-party rivalries. His legal team has argued in court that the Assembly’s actions lacked statutory backing and violated procedural safeguards guaranteed under the Constitution, including the right to fair hearing and respect for separation of powers between government branches.
Supporters of the governor and deputy governor have interpreted the Chief Judge’s refusal as a reinforcement of constitutional order, stressing that judicial intervention is necessary to check what they view as legislative overreach. They argue that by refusing to act on Assembly resolutions under valid court orders, the judiciary is upholding the rule of law and safeguarding stability within the state’s governance architecture.
Conversely, lawmakers loyal to the Assembly majority have decried the chief judge’s position as an abdication of responsibility and an unwarranted yield to executive influence. They insist that the Assembly has a constitutional mandate to investigate allegations of gross misconduct, which they say is central to democratic accountability. In a statement issued following the chief judge’s letter, a faction of the legislature reiterated its intention to pursue all legal avenues, including the ongoing appeal at the Court of Appeal, to have the injunctions set aside and the impeachment process reinstated.
The political crisis has also reverberated across civic society and legal circles, drawing commentary from constitutional experts who say the situation underscores the delicate balance between political contestation and legal adjudication. Observers note that while impeachment is a legitimate constitutional tool for removing public officers, it must be executed in strict compliance with established legal norms. They add that the judiciary’s role in interpreting and enforcing procedural safeguards is essential to prevent abuse of legislative powers or erosion of constitutional guarantees.
For now, Justice Amadi’s letter effectively places the Assembly’s impeachment initiative on hold, at least until the Court of Appeal delivers a ruling on the interlocutory injunctions. That timeline remains uncertain, and given the complexity of the legal questions and the high stakes involved, the appellate process could extend for weeks or months.
As Rivers State continues to navigate this tumultuous chapter, stakeholders across the political spectrum are watching closely. The outcome of the legal battles will not only determine the immediate futures of Governor Fubara and Deputy Governor Odu but also influence broader debates about constitutionalism, the separation of powers, and conflict resolution in Nigeria’s federating units.
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