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Fubara’s Impeachment: Rivers Court Steps Aside, Awaits Appeal Outcome

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An Oyigbo High Court of Rivers State sitting in Port Harcourt has adjourned indefinitely the suit filed by Governor Siminalayi Fubara and his deputy, Ngozi Odu, challenging the impeachment process initiated against them by the Rivers State House of Assembly.

Justice Florence Fiberesima took the decision after being informed that two separate appeals had been entered in respect of the matter, holding that the Court of Appeal must first determine the issues raised before further proceedings could continue at the lower court.

At the resumed hearing, counsel to the Speaker of the House, Martin Amaewhule, and 27 lawmakers, S.I. Amen (SAN), informed the court of the pending appeals and orally applied for a stay of proceedings.

The application was not opposed by counsel to the claimants, Paul Orikoro (SAN), nor by Lawrence Oko-Jaja (SAN), who represents Victor Oko-Jumbo, Orubienimigha Timothy and Sokari Goodboy, the other defendants in the suit.

Justice Fiberesima consequently adjourned the matter sine die, pending the outcome of the appeals.

The development followed an earlier interim injunction granted by the same court, which restrained the Speaker, Martins Amaewhule; several lawmakers; the Clerk of the House; and the Chief Judge of Rivers State from taking further steps towards the impeachment of the governor and his deputy.

The order barred the forwarding, consideration or processing of impeachment notices or any related documents aimed at constituting an investigative panel over allegations of gross misconduct.

Rivers CJ declines Assembly’s request

Meanwhile, the Chief Judge of Rivers State, Justice Simeon C. Amadi, has declined a request by the Rivers State House of Assembly to constitute a seven-man investigative panel to probe allegations of gross misconduct against Governor Fubara and his deputy.

Justice Amadi conveyed his decision in a formal letter addressed to the Speaker of the House, Martin Amaewhule, acknowledging receipt of two separate requests dated January 16, 2026.

The requests were made pursuant to Sections 188(4) and 188(5) of the 1999 Constitution (as amended), following resolutions of the House to commence impeachment proceedings.

In the letter, Justice Amadi cited the doctrine of lis pendens, stressing that parties and the court were required to await the determination of the appeals.

“By the doctrine of lis pendens, parties and the court have to await the outcome of the appeal,” the letter read in part.

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.”

The Chief Judge disclosed that the Assembly’s requests were accompanied by extensive documentation, including notices of allegations of gross misconduct, the Rivers State Impeachment Panel (Conduct of Investigations) Procedure, 2025, and relevant newspaper publications.

However, he said his office had earlier been served with two interim injunctions issued by the Rivers State High Court, Oyigbo Division, on January 16, 2026.

The suits — OYHC/6/CS/2026 filed by the Deputy Governor and OYHC/7/CS/2026 filed by Governor Fubara — listed the Speaker and 32 others as defendants, with the Chief Judge named as the 32nd defendant.

According to Justice Amadi, the interim orders expressly restrain 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 a period of seven days.

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