The ongoing political crisis in Rivers State has taken a new turn, with the Rivers State Chief Judge, Justice Simeon Chibuzor Amadi, emerging as a key figure in the potential impeachment of Governor Siminalayi Fubara. According to constitutional experts, the Chief Judge’s role in the impeachment process is mandatory, and he is required to constitute a seven-member investigative panel if the Speaker of the House of Assembly requests it, following a motion supported by at least two-thirds of all Assembly members.
Section 188(5) of the 1999 Constitution of the Federal Republic of Nigeria (as amended) makes it clear that the Chief Judge’s role is not optional. The Rivers State House of Assembly has 32 members, and reports indicate that around 26 members are in favour of the impeachment process, exceeding the required two-thirds majority of 21.
While some have speculated that the Chief Judge may refuse to constitute the panel or appoint members inclined to exonerate the Governor, this view is not supported by legal reality. Refusal to comply could invite disciplinary action from the National Judicial Council (NJC).
The Governor’s ability to survive the impeachment process is looking increasingly uncertain, given the Supreme Court’s ruling indicating constitutional infringements by the Governor. The Wike faction’s ability to secure a favourable judgement from the Apex Court has created a formidable precedent, making it difficult for any seven-member panel to contradict or ignore such findings.
Governor Fubara’s inability to build and sustain a solid bloc in the Assembly has allowed his opponents to control the key structures for his impeachment. Presidential intervention remains his most realistic lifeline, but it is looking like a tall order now.
