Justice Simeon Chibuzor-Amadi, the chief judge of Rivers State, has turned down a request by the state house of assembly to probe allegations of gross misconduct against Governor Siminalayi Fubara and his deputy, Professor Ngozi Odu.
In a letter dated January 20, 2026, and personally signed by him, the chief judge said he was legally restrained from acting on the request due to subsisting interim orders of a Rivers State High Court.
The letter was addressed to the speaker of the house, Martins Amaehwule, following a resolution passed by the Amaehwule-led assembly on January 16, asking the chief judge to set up a seven-member panel in line with Section 188(5) of the 1999 Constitution (as amended).
Justice Chibuzor-Amadi acknowledged receipt of the Assembly’s resolution but explained that a High Court had issued interim orders restraining all parties, including himself, from taking further steps in the impeachment process pending the determination of the suits.
While awaiting the constitution of the panel, Governor Fubara and his deputy separately filed suits before a Rivers State High Court sitting in Oyigbo Local Government Area, seeking interim injunctions to halt the impeachment process.
In the two suits, Justice F. A. Fiberesima granted interim orders restraining the Speaker, other lawmakers, the Clerk of the Assembly and the Chief Judge from taking any steps or exchanging communications relating to the impeachment process for seven days.
The court further ordered substituted service of the interim orders and originating processes on the defendants and adjourned the cases to January 23, 2026.
In his response to the speaker, Justice Chibuzor-Amadi noted that the Speaker had since appealed the interim orders at the Court of Appeal, Port Harcourt Division, and that notices of appeal were served on his office on January 19 and 20.
He said the doctrine of lis pendens requires all parties and authorities to maintain the status quo until the appeal is determined.
“Constitutionalism and the rule of law are the bedrock of democracy, and all persons and authorities are expected to obey subsisting orders of a court of competent jurisdiction,” the chief judge stated.
He cited the Court of Appeal decision in Hon. Dele Abiodun v. Chief Judge of Kwara State & Ors (2007), where a chief judge who constituted an impeachment panel in defiance of a court order was strongly condemned and the entire process voided.
“In view of the foregoing, my hand is fettered. There are subsisting interim orders of injunction and a pending appeal. I am therefore legally disabled, at this point, from exercising my duties under Section 188(5) of the Constitution,” the CJ said.
Assembly Insists on Impeachment
Despite the legal setbacks, members of the Rivers State House of Assembly have reiterated their resolve to proceed with the impeachment process, describing it as the most viable constitutional means of resolving the lingering political crisis in the state.
The lawmakers insisted their actions were in strict compliance with Section 188(4) of the Constitution, even as four members reportedly withdrew support for the process in the interest of peace.
Justice Chibuzor-Amadi concluded by expressing hope that the Speaker and members of the Assembly would “appreciate the legal position of the matter.”
