The Chief Judge of Rivers State, Justice Simeon Amadi, has explained why he declined to constitute a seven-member judicial panel to investigate allegations of gross misconduct leveled against Governor Siminalayi Fubara and his deputy, Professor Ngozi Nma Odu, amid ongoing impeachment proceedings initiated by the Rivers State House of Assembly.
Justice Amadi’s explanation was contained in a formal letter addressed to the Speaker of the House of Assembly, Rt. Hon. Martin Amaewhule, in which he cited existing court orders as the primary reason for his decision. He emphasized that adherence to the rule of law and obedience to judicial directives must take precedence over political processes.
The Rivers State House of Assembly had, on January 16, formally requested the Chief Judge to set up an investigative panel in line with Section 188 of the 1999 Constitution. The request followed the lawmakers’ decision to commence impeachment proceedings against Governor Fubara and his deputy over allegations of gross misconduct.
According to Justice Amadi, events unfolding before and after the Assembly’s request made it legally impossible for him to act. He disclosed that both the governor and his deputy had separately approached the High Court sitting in Port Harcourt, Oyibo Division, seeking judicial protection in relation to the impeachment process.
In their respective suits, Governor Fubara and Professor Odu obtained interim injunctions restraining the Chief Judge from taking any steps connected to the impeachment proceedings. This included actions such as receiving, processing, or acting on any correspondence or resolution from the House of Assembly regarding the proposed investigation.
Justice Amadi stated that by the time his office received the Assembly’s letter requesting the constitution of a panel, the interim court orders were already in force. He noted that he was listed as the 32nd defendant in the suits and was therefore directly bound by the directives of the court.
In the letter dated January 20, the Chief Judge confirmed that the injunctions explicitly barred him from exercising his constitutional role under Section 188(5) of the Constitution until the orders were vacated or the substantive cases were determined. He stressed that court orders, whether interim or final, are binding on all parties and must be obeyed.
Justice Amadi further explained that the Speaker of the House of Assembly and the legislature had since filed appeals against the interim injunctions at the Court of Appeal, Port Harcourt Division. However, he maintained that the filing of an appeal does not automatically nullify existing court orders.
He referenced the legal doctrine of lis pendens, which requires all parties involved in a dispute to maintain the status quo while a matter is pending before the courts. According to him, taking any step that could alter the situation during the pendency of an appeal would amount to a breach of judicial authority.
The Chief Judge warned that disregarding subsisting court orders would not only undermine the integrity of the judiciary but also violate constitutional principles that govern the separation of powers and the administration of justice.
“In view of the subsisting interim orders and the pending appeals, I am legally constrained and unable to exercise my constitutional responsibility under Section 188(5) at this time,” Justice Amadi stated. He added that any action taken in defiance of the court’s directives would erode public confidence in the judicial system.
Justice Amadi urged members of the Rivers State House of Assembly to appreciate the legal limitations surrounding the matter and to allow due process to take its course. He emphasized that respect for court orders is fundamental to democracy and the rule of law.
The Chief Judge’s position highlights the judiciary’s role as an impartial arbiter in political disputes and reinforces the principle that all arms of government are subject to the law. His explanation comes amid heightened political tension in Rivers State as the impeachment process against the governor and his deputy continues to attract public attention.
