The Rivers State House of Assembly’s attempt to investigate Governor Siminalayi Fubara and his deputy, Ngozi Nma-Odu, over alleged gross misconduct has been stalled, as the state’s Chief Judge, Justice Simeon C. Amadi, declined the legislature’s request to set up a seven-member investigative panel.
In a formal letter addressed to the Speaker, Martin Amaewhule, Justice Amadi cited ongoing court cases and subsisting injunctions as the reason for the refusal.
The letter, dated January 22, 2026, confirmed the receipt of two separate Assembly requests submitted on January 16, 2026, under Sections 188(4) and 188(5) of the 1999 Constitution (as amended), seeking to initiate impeachment proceedings.
“By the doctrine of lis pendens, parties and the court must await the outcome of the appeal,” the Chief Judge stated.
“In view of the foregoing, my hands are fettered by subsisting interim orders of injunction and appeal. I am therefore legally disabled at this point from exercising my duties under Section 188(5) of the Constitution in the instant matter.”
Justice Amadi noted that the Assembly’s requests were accompanied by comprehensive documentation, including notices of allegations of gross misconduct, the Rivers State Impeachment Panel (Conduct of Investigations) Procedure, 2025, and related media publications.
However, the Chief Judge said his office had earlier been served with interim injunctions by the Rivers State High Court, Oyigbo, on January 16, 2026.
The suits—OYHC/6/CS/2026 by Deputy Governor Nma-Odu and OYHC/7/CS/2026 by Governor Fubara—listed the Speaker and 32 others as defendants, with Justice Amadi named as the 32nd defendant.
The injunctions restrained the Chief Judge from “receiving, forwarding, considering or howsoever acting on any request, resolution, articles of impeachment or other communication” from the Assembly concerning the impeachment for seven days.
Beyond the injunctions, Justice Amadi highlighted that the House of Assembly had filed an appeal at the Court of Appeal against the interim orders.
He emphasised that the principle of lis pendens requires all parties to maintain the status quo until the higher court delivers a ruling.
“All persons and authorities are obligated to obey valid court orders until they are set aside,” he wrote, citing judicial precedent including Hon. Dele Abiodun v. The Hon. Chief Judge of Kwara State & Ors (2007), where a Chief Judge was reprimanded for proceeding with an investigative panel despite a restraining order.
The Chief Judge concluded that his hands are legally tied, and he is presently unable to exercise his constitutional duty under Section 188(5). The ruling effectively shifts the impeachment contest fully into the judiciary, pending the outcome of the Court of Appeal and the substantive cases before the High Court.
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