By Aniefiok Christopher
The impeachment move against Rivers Governor Siminalayi Fubara and his deputy, Ngọzi Odu may hit a snag following the withdrawal of four members of the Rivers House of Assembly.
The two members who withdrew on Wednesday urged their colleagues to stop the move for the sake of peace.
Messrs Nwakoh and Amadi, while announcing their position on Wednesday, called for a peaceful resolution of the political crisis in Rivers, according to a report by Channels Television.
The latest development came 48 hours after the Minority Leader of the House, Sylvanus Nwankwo representing Omuma State Constituency, and Peter Abbey representing Degema State Constituency, withdrew and asked their colleagues to stop the impeachment move against the governor.
Related News: Rivers Assembly Resumes Another Impeachment Battle Against Gov Fubara
Recall that 26 lawmakers of the All Progressives Congress (APC), aligned with FCT Minister Nyesom Wike, initiated impeachment proceedings last Thursday over allegations of gross misconduct against the governor and his deputy.
With this, the number of lawmakers who have opted out of the impeachment move against Governor Fubara now stands at four.
The assembly is expected to resume plenary on 15 January.
Governor Fubara Not Yet served as PANDEFF Wades in
Four days after an impeachment notice was raised against Rivers State Governor Siminalayi Fubara on the floor of the State House of Assembly, he is yet to be formally served.
This development came as the Pan-Niger Delta Forum (PANDEF), the apex socio-political body of the South-South, inaugurated a seven-member peace and reconciliation committee to resolve the political standoff between the governor and lawmakers within two weeks. The committee is chaired by former Attorney-General of the Federation, Chief Kanu Agabi, SAN.
The situation unfolded amid fresh appeals by two lawmakers urging the Assembly to suspend impeachment proceedings against Governor Fubara and his deputy, Prof. Ngozi Odu.
Meanwhile, the Movement for the Survival of the Ogoni People (MOSOP) warned that the impeachment move amounts to a direct assault on President Bola Tinubu.
At the same time, the North-Central APC Forum rejected calls for the resignation of the Minister of the Federal Capital Territory (FCT), Nyesom Wike, cautioning that such demands could derail ongoing development efforts in Abuja.
Explaining why the impeachment notice has not been served, a government source said Governor Fubara had been largely unavailable since returning from Europe on Saturday.
“The governor only returned to the country from his Europe visit on Saturday night. He was in church on Sunday for the Armed Forces Remembrance Day. Immediately after the service, he rushed to Abuja and is yet to return,” the source said. he has been served with the notice cannot be correct.”
Impeachment Move May be Stalled
There are indications the impeachment move may not progress. A prominent Niger Delta elder expressed optimism, saying: “There is light at the end of the tunnel for the governor. There is always light over darkness, right over impunity.”
The Ijaw leader added: “We are doing a lot of things in the background that I cannot disclose. But I can assure you that the impeachment process will not go anywhere. By God’s grace, all these things will be settled.”
Unconfirmed reports also suggest that President Bola Tinubu has directed the Rivers State House of Assembly to suspend impeachment proceedings and consult the APC National Chairman, Professor Nentawe Yilwatda, warning against actions that could further polarise the state.
CJ barred from entertaining impeachment Notice
A Rivers State High Court in Port Harcourt issued an interim ex parte restraining order in July 2024, barring the Chief Judge and state House Clerk from acting on impeachment resolutions from Martin Amaewhule-led faction of the Rivers Assembly.
These orders were obtained ex parte (without the other side being present) in July 2024 in a suit filed by Governor Fubara and the state Attorney-General.
That injunction was specific to the Rivers situation and was aimed at preventing the CJ from accepting or acting on impeachment documents from that particular faction of lawmakers.
The court ordered the status quo to be maintained pending further motion.
However, that order was challenged on jurisdiction
A Court of Appeal panel ruled that the trial court lacked jurisdiction to entertain the underlying suit, holding such matters fall under the exclusive jurisdiction of the Federal High Court under Section 272(3) of the Constitution.
However, under Section 188(10) of the 1999 Constitution, proceedings or determinations relating to impeachment panels/House of Assembly actions generally are not to be entertained or questioned by any court.
That constitutional bar makes it difficult for courts to intervene directly in impeachment processes. Courts have emphasized that jurisdiction to determine whether a seat is vacant lies exclusively with the Federal High Court.
Background
On 8 January, the Rivers assembly initiated a third impeachment proceeding against Mr Fubara.
The impeachment move came shortly after the Minister of the Federal Capital Territory, Nyesom Wike, accused the governor of reneging on the terms of a peace deal brokered by President Bola Tinubu in June last year.
Two days later, the House refuted reports that it had discontinued the impeachment move against Mr Fubara and his deputy.
On 11 January, the lawmakers stated that they had uncovered “secret plots” by “certain persons” to use the high courts in Rivers State to halt its sittings and thwart its impeachment move.
