Senior legal practitioners in Nigeria have weighed in on the recent notice of misconduct served on Governor Siminalayi Fubara and his Deputy, Ngozi Odu, by the Rivers State House of Assembly, urging strict adherence to the rule of law as the impeachment process unfolds.
In separate reactions to Vanguard, the lawyers emphasized that while the notice is a precursor to impeachment proceedings, due process must be followed at every stage of the process.
A Senior Advocate of Nigeria (SAN), Dayo Akinlaja, stated that it is within the rights of the Rivers State House of Assembly to issue a notice of impeachment but emphasized that the process does not rest solely with the legislature.
“It is within the prerogative of the State House of Assembly to issue notice of impeachment to the Governor and or the Deputy. However, it does not end there. The Constitution does not give the legislature the exclusive power to initiate and conclude impeachment processes against the executive,” Akinlaja said.
Akinlaja stressed that the nation must wait to see how the process unfolds, adding, “May justice prevail in this regard.”
A human rights lawyer based in Abuja, Mark Oguche, in his view, said the Rivers Assembly’s actions align with the provisions of Section 188 of the 1999 Constitution, as amended, which outlines the procedure for impeaching a governor.
“The 1999 Constitution, as altered, is the grundnorm, the fons et origo and source of every other law and authority in the legal system. It must be followed sensu stricto,” Oguche said.
He explained that the Rivers State Assembly followed the correct process by ensuring that at least one-third of the Assembly members signed the notice of allegation, as required by law.
The governor is entitled to a fair hearing, and after his reply, the Assembly will vote on whether to proceed with the process.
“For the issue to proceed further, the endorsement of a two-third majority of the lawmakers would be required. The Chief Judge of the state would still be required to appoint a seven-member panel of individuals with unquestionable integrity to investigate any allegation against the governor and his deputy,” Oguche noted.
He clarified that the Constitution provides sufficient safeguards for the process, stating that dismissal of the allegation would end the impeachment, while merit found in the allegations would lead to a vote by the Assembly.
Oguche also reassured Governor Fubara, stating, “There is nothing for Fubara to be jittery about, for now. What was served on him was only a query. His answer will determine the next step.”
He also urged the members of the Rivers State Assembly to act in the best interest of the state and its people.
Eziama Calls For Judicial Intervention If Rights Are Threatened
Nwokedi Eziama, another legal expert, suggested that Governor Fubara has the right to seek judicial intervention if he believes that the action taken by the Rivers Assembly is unconstitutional.
“The right to a fair hearing is sacrosanct. Governor Fubara should go to court if he feels that his constitutionally guaranteed rights are being threatened,” Eziama stated.
Naijaonpoint reports that Eziama advised that Fubara could obtain preservative orders from the court pending the resolution of any legal disputes concerning the status of the lawmakers who served the misconduct notice. He emphasized that judicial intervention could be an effective way for the governor to safeguard his rights.
In a more succinct response, Mohammed Abeny, SAN, offered a brief perspective on the situation.
“Let us watch and see how they (Rivers Assembly) go about it, when they are on indefinite recess,” Abeny said, suggesting that the matter might take time to unfold.