Pro-Democracy Group Defends Rivers Chief Judge's Impeachment Panel Decision
A prominent pro-democracy advocacy group has publicly supported the Chief Judge of Rivers State, Simeon Amadi, for his refusal to constitute a judicial panel to investigate Governor Siminalayi Fubara and his deputy, Ngozi Odu. The Coalition for Democratic Accountability and Rule of Law (CDARL) described the chief judge's action as lawful, principled, and fully aligned with constitutional mandates.
Legal Basis for the Refusal
In a detailed statement released on Friday, CDARL explained that Justice Amadi acted within legal boundaries by rejecting the request from the Rivers State House of Assembly. The group highlighted that this decision was influenced by existing court orders and a pending appeal before the Court of Appeal, which legally restrict the chief judge from engaging in impeachment-related activities.
Barrister Ibrahim Lawal Abdulkareem, the national president of CDARL, emphasized that Justice Amadi's explanation of having his hands "fettered" by interim injunctions demonstrates strict adherence to judicial ethics and the rule of law, rather than any political bias. "Justice Amadi did exactly what the Constitution and judicial discipline demand. Once a court of competent jurisdiction issues an order, every individual and institution, including the legislature and the chief judge himself, is bound by it," Abdulkareem stated.
Constitutional and Judicial Implications
According to CDARL, the interim orders that restrain the chief judge from receiving, considering, or acting on any impeachment-related request leave him with no lawful discretion under Section 188(5) of the Constitution. The group warned that proceeding in defiance of such orders would constitute judicial recklessness and a direct violation of constitutional norms.
The coalition further elaborated on the legal principle of lis pendens, which Justice Amadi cited in his correspondence with the assembly speaker. This doctrine is a well-established legal concept aimed at preserving the integrity of judicial proceedings and preventing parallel actions that could prejudice the outcome of a pending appeal. "When a matter is before a higher court, all parties are required to maintain the status quo. The chief judge's refusal to act while an appeal is pending is not obstruction; it is constitutional discipline," Abdulkareem added.
Risks of Defying Court Orders
CDARL cautioned that any attempt by the Rivers State House of Assembly to continue with impeachment steps despite the interim injunctions could pose a direct challenge to judicial authority and potentially plunge the state into a constitutional crisis. "The impeachment of a sitting governor is one of the gravest powers entrusted to a legislature. It is not a political shortcut and certainly not a process that can be pursued in defiance of court orders," the statement read.
The group stressed that the ongoing political tension in Rivers State can only be de-escalated through strict compliance with judicial directives. They noted that courts exist to arbitrate disputes between arms of government when political processes break down. "Lawmakers weaken democracy when they treat court orders as inconveniences to be bypassed. The judiciary is not an obstacle to governance; it is the stabilising referee in moments of institutional conflict," Abdulkareem remarked.
Call for Restraint and Democratic Stability
CDARL urged the Rivers Assembly to exercise restraint and await the determination of the appeal before taking any further steps, emphasizing that constitutional patience is essential for democratic stability. "The chief judge's request for understanding was not a plea; it was a reminder that no arm of government is above the law," the coalition asserted.
The group clarified that its position is not a defence of any political officeholder but a principled stand in support of judicial independence and constitutional order. They warned that sustained disregard for court orders could erode public trust and weaken democratic institutions, underscoring the importance of upholding legal frameworks in Nigeria's political landscape.
