Fubara: Attention Shifts To Rivers CJ’s Authority In Impeachment Proceedings

The political crisis in Rivers State has escalated following the submission of a notice of gross misconduct against Governor Siminalayi Fubara and his deputy, Ngozi Odu, by the Rivers State House of Assembly, on Monday.

Naijaonpoint understands that the notice, signed by 26 lawmakers, is a precursor to initiating impeachment proceedings as per the law.

However, attention has now shifted to the State Chief Judge (CJ), who is mandated by law to establish an investigation panel, though reports indicate that the CJ is currently on vacation.

Under the Constitution, the Chief Judge must play an active role in the impeachment process, but the timing of his absence has raised concerns among legal experts.

Some have argued that an acting Chief Judge may not have the legal standing to set up the investigation panel required for such a serious matter.

A comparative constitutional lawyer, President Aigbokhan, who spoke with TheGuardian, emphasized that only a substantial Chief Judge has the authority to establish a seven-man panel to review allegations against the governor and his deputy.

He clarified that the House of Assembly should first set up its own investigation committee, which would invite the governor for questioning before referring the matter to the Chief Judge.

Aigbokhan stated, “The impeachment procedure starts with the House of Assembly. The House should set up a committee to hear from the governor before sending the outcome to the Chief Judge, who will then form a panel to review the allegations.”

He further stressed that the Rivers State House of Assembly must act responsibly to avoid public backlash, emphasizing that sovereignty ultimately rests with the people, even in a representative democracy.

Concerns Over Political Interference In The Judiciary

The convener of Access to Justice, Joseph Otteh, in a chat with TheGuardian, raised concerns about the Rivers Judiciary, which he believes has been significantly affected by political influence.

He warned that public perception of the Rivers Judiciary has been poor for some time, with many viewing it as compromised by political alliances.

Otteh explained, “The Rivers Judiciary needs to avoid further scandalization. Public perception of its conduct has been poor, and many believe that the judiciary is already captured by political forces.”

However, Otteh acknowledged that there was still a possibility for redemption if the acting Chief Judge exhibited integrity and impartiality throughout the impeachment process. He urged the judiciary to ensure that no side of the conflict felt disadvantaged.

A judiciary reform advocate, Bayo Akinlade, expressed scepticism about the judicial process, stating that the system had become so politicized that it was best to wait and see how events unfolded.

Akinlade, also a former Chairman of the Nigerian Bar Association (NBA) Ikorodu Branch, suggested that the judiciary could only act on matters brought before it and could not initiate action on its own.

He said, “Let’s allow the politics to play out. The judiciary can only respond when an action is brought before it. On its own, it cannot take any action unless someone seeks intervention through the court.”