A constitutional lawyer and human rights advocate, Festus Ogwuche, has described the interim injunction granted by the Rivers State High Court restraining the impeachment of Governor Siminalayi Fubara and his deputy, Ngozi Odu, as a constitutionally valid and prudent step.
Speaking during an interview on Arise News on Sunday, Ogwuche said the decision by the governor and his deputy to approach the court for an ex parte order was lawful and necessary to safeguard constitutional order.
“I would say it is a smart move. It is a constitutional process acknowledged by the Constitution. They sought an ex parte application, and an ex parte order was granted by the court,” he said.
The legal practitioner explained that impeachment proceedings, though legislative in nature, are subject to judicial scrutiny where there are indications of procedural breaches.
“The court has the jurisdiction and power to look into whether the impeachment process was properly carried out. If there is any infraction with the constitutional procedure, no matter how little, the entire process can be invalidated,” Ogwuche stated.
He stressed that impeachment is a time-bound process strictly regulated by the Constitution, making compliance with laid-down procedures mandatory.
Clarifying the nature of the injunction, Ogwuche said the ex parte order was preservatory and intended to maintain the status quo pending a full hearing.
“The ex parte injunction is to keep things on hold, at least for now, so that the court can examine the nitty-gritty of the application and ensure that due process is followed,” he said.
Ogwuche warned against trivialising impeachment or deploying it as a political weapon, describing it as a grave constitutional exercise.
“The constitutional process for impeachment is not a child’s playground. It is deep, sacred, and must be treated with the highest level of seriousness and respect,” he said.
Citing judicial precedent, he referred to the Supreme Court’s decision in the impeachment case involving former Adamawa State governor, Murtala Nyako.
“The Supreme Court made it clear that impeachment must be treated with every degree of seriousness. It is not something to be invoked simply to visit vendetta on a governor, blackmail him, or use as a threat whenever he acts contrary to certain interests,” Ogwuche noted.
Addressing claims that courts are barred from intervening in impeachment matters under Section 188(10) of the Constitution, Ogwuche dismissed such interpretations.
“Every constitutional process can be questioned. What Section 188(10) talks about is when the entire process has been concluded without any infraction. At that point, courts cannot question whether the impeachment was right or wrong,” he explained.
“But where the process is ongoing and yet to be determined, nothing stops the court from questioning its validity and ensuring that it conforms with the provisions of the Constitution,” he added.
Chief Judge Must Obey Court Orders
On the role of the Chief Judge of Rivers State, Justice Simeon Amadi, Ogwuche said judicial officers are duty-bound to obey subsisting court orders.
“He is the head of the judiciary and must be the first to respect court orders. He cannot defy an order of a court of competent jurisdiction, no matter how wrong he believes it is,” he said.
According to him, the proper remedy for disputing such an order is to apply to have it set aside.
“So long as the order subsists, whether it is right or wrong, the Chief Judge of Rivers State is bound to obey it,” Ogwuche insisted.
Ogwuche lamented over the persistent political instability in Rivers State, warning that it continues to undermine governance and affect ordinary citizens.
“Rivers State is beginning to resemble a theatre of the absurd. Despite repeated presidential interventions and Supreme Court rulings, the crisis persists.
“Ultimately, the people are the ones suffering, while political gladiators continue to draw their swords,” he said.