The Chief Judge of Rivers State, Justice Simeon Amadi, has explained his refusal to constitute a seven-member panel to investigate Governor Siminalayi Fubara and his deputy, Prof. Ngozi Nma Odu, amid ongoing impeachment proceedings.
In a letter addressed to the Speaker of the Rivers State House of Assembly, Rt. Hon. Martin Amaewhule, Justice Amadi said his decision was based strictly on existing court orders, urging all parties to respect the rule of law.
The House of Assembly had, on January 16, formally requested the Chief Judge to set up a panel under Section 188 of the Nigerian Constitution to investigate allegations of gross misconduct against the governor and his deputy. This followed the commencement of impeachment proceedings.
However, Governor Fubara and Prof. Odu separately approached the Oyibo Division of the State High Court in Port Harcourt, where they secured interim injunctions restraining the Chief Judge from receiving, considering, or acting on any request from the Assembly relating to the constitution of such a panel.
In his letter dated January 20, Justice Amadi confirmed that he received both the Assembly’s request and the court orders. He explained that the interim injunctions legally prevent him from taking any step towards constituting the panel until the matters before the court are resolved.
He further noted that although the lawmakers have appealed the interim orders, the principle of lis pendens requires all parties to maintain the status quo and obey the subsisting court orders until they are set aside or the cases are finally determined.
“As it stands, my hands are tied,” the Chief Judge stated, adding that he is legally barred from exercising his constitutional duty under Section 188(5) of the Constitution in the present circumstances.
Justice Amadi’s position underscores the role of the judiciary in safeguarding constitutional processes and serves as a reminder that court orders must be obeyed, regardless of political considerations.
