The Chief Judge of Rivers State, Justice Simeon Amadi, has declined the request by the Rivers State House of Assembly to initiate impeachment proceedings against Governor Siminalayi Fubara and his deputy, citing subsisting court orders and pending appeals.
Justice Amadi’s position was conveyed in a formal letter addressed to the Speaker of the House, Martin Amaewhule, acknowledging receipt of two separate requests from the Assembly dated January 16, 2026. The requests were made under Sections 188(4) and 188(5) of the 1999 Constitution (as amended), following resolutions by lawmakers to commence impeachment proceedings.
However, the Chief Judge said he was legally constrained from acting on the requests due to existing interim injunctions and ongoing litigation.
“By the doctrine of lis pendens, parties and the court have to await the outcome of the appeal,” the letter stated.
“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.”
Justice Amadi disclosed that although the Assembly submitted extensive documents—including the notice of allegations of gross misconduct, the Rivers State Impeachment Panel (Conduct of Investigations) Procedure, 2025, and newspaper publications—his office had earlier been served with interim injunctions issued by the Rivers State High Court sitting in Oyigbo on the same day.
The injunctions arose from two suits: OYHC/6/CS/2026 filed by the Deputy Governor and OYHC/7/CS/2026 filed by Governor Fubara, in which the Speaker and 32 others were listed as defendants, with the Chief Judge named as the 32nd defendant.
According to Justice Amadi, the court orders expressly restrained him from “receiving, forwarding, considering or howsoever acting on any request, resolution, articles of impeachment or other communication” from the House of Assembly relating to the impeachment process for seven days. Certified true copies of the injunctions were attached to his letter.
He further noted that the House of Assembly has since filed an appeal against the interim orders at the Court of Appeal, reinforcing the need to maintain the status quo in line with the doctrine of lis pendens.
Emphasising adherence to the rule of law, the Chief Judge stressed that all authorities are bound to obey valid court orders until they are set aside. He cited judicial precedent, including Hon. Dele Abiodun v. The Hon. Chief Judge of Kwara State & Ors (2007), where a Chief Judge was faulted for acting in defiance of a restraining court order.
Justice Amadi reiterated that he is currently unable to perform his constitutional role under Section 188(5) due to these legal constraints.
The decision effectively puts the impeachment process on hold, shifting the dispute fully to the courts pending the outcome of the appeal and the substantive suits before the High Court.
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