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Thursday, January 29, 2026

Fubara’s impeachment stall after Rivers CJ reject lawmakers request

By Asuquo Cletus

The Chief Judge of Rivers State, Justice Chibuzor 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 levelled against Governor Siminalayi Fubara and his deputy, Prof. Ngozi Odu.

The development comes amid escalating political tension in the state over moves by the Assembly to initiate impeachment proceedings against the governor and his deputy, a process now stalled by court intervention.

Justice Amadi’s decision was conveyed in a letter dated January 20, 2026, addressed to the Speaker of the House, Martins Amaewhule, in response to two separate requests from the Assembly dated January 16, 2026, seen by our correspondent.

The Assembly had asked the Chief Judge to appoint a panel pursuant to Section 188(5) of the 1999 Constitution (as amended), following a resolution of the House under Section 188(4), to investigate the allegations against the governor and his deputy.

However, the Chief Judge explained that his hands were legally tied due to subsisting interim orders of injunction issued by the High Court, as well as pending suits and appeals arising from the impeachment process.

According to the letter, Justice Amadi disclosed that he had been served with two interim injunctions on January 16, 2026, restraining him from receiving, considering, or acting on any request or resolution from the House relating to the impeachment proceedings.

The injunctions were granted in two suits filed separately by Governor Fubara and his deputy. The suits are: OYHC/7/CS/2026, filed by Fubara against the Speaker and 32 others, and OYHC/6/CS/2026, instituted by Prof. Odu against the same defendants. In both suits, the Chief Judge is listed as the 32nd defendant.

Justice Amadi also noted that the Speaker had filed appeals against the interim orders at the Court of Appeal, Port Harcourt Division, adding that he was served with the notices of appeal on January 19 and 20, 2026.

He said the combination of the subsisting interim injunctions, the pending motion for interlocutory injunction, and the ongoing suits constituted a “three-pronged restraint” on his powers, invoking the doctrine of lis pendens, which requires parties and the court to await the outcome of pending litigation.

“In view of the foregoing, my hand is fettered, as there are subsisting interim orders of injunction and appeal against the said orders,” the Chief Judge stated. “I am therefore legally disabled at this point from exercising my duties under Section 188(5) of the Constitution in the instant case.”

Justice Amadi stressed that constitutionalism and the rule of law demand strict obedience to court orders until they are set aside or the suits are finally determined, irrespective of any party’s perception of the orders.

To reinforce his position, the Chief Judge cited the Court of Appeal decision in Hon. Dele Abiodun v. The Hon. Chief Judge of Kwara State & Ors (2007) 18 NWLR, where a chief judge who constituted an investigative panel in defiance of a subsisting court order was strongly condemned, and the entire proceedings were voided.

He expressed hope that the Speaker and members of the Rivers State House of Assembly would “appreciate the legal position of the matter.”

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