Rivers Chief Judge Earns Praise for Constitutional Refusal to Form Impeachment Panel
A prominent pro-democracy advocacy group has publicly endorsed Rivers State Chief Judge Simeon Amadi for his decisive refusal to constitute a judicial panel to investigate Governor Siminalayi Fubara and Deputy Governor Ngozi Odu. The Coalition for Democratic Accountability and Rule of Law described the chief judge's action as legally sound and fully consistent with constitutional requirements, highlighting how existing court orders and pending appeals lawfully prevented any impeachment-related proceedings.
Legal Constraints and Judicial Orders Prevent Action
In a detailed statement released on Friday, the coalition explained that interim injunctions from competent courts explicitly barred Chief Judge Amadi from receiving or acting on any requests related to impeachment proceedings. According to the group, these judicial restrictions left the chief judge with no discretionary power under Section 188(5) of the Nigerian Constitution, effectively binding him to the rule of law rather than political considerations.
The national president of the coalition, Barrister Ibrahim Lawal Abdulkareem, emphasized that Justice Amadi's explanation about his hands being "fettered" demonstrated proper obedience to judicial authority. "Justice Amadi executed precisely what the Constitution and judicial ethics demand," Abdulkareem stated. "When a court of competent jurisdiction issues an order, every individual and institution, including the legislature and the chief judge himself, must comply without exception."
Doctrine of Lis Pendens Provides Legal Foundation
The coalition further elaborated that Chief Judge Amadi appropriately relied on the legal doctrine of lis pendens, which requires maintaining the status quo while an appeal remains pending before a higher court. This doctrine exists specifically to preserve the integrity of judicial proceedings and prevent premature actions that could undermine ongoing legal processes.
"When a matter is properly before a higher court, all parties involved are constitutionally required to maintain the existing situation," Abdulkareem explained. "The chief judge's refusal to act while an appeal is pending does not constitute obstruction but rather represents constitutional discipline and respect for judicial hierarchy."
Warning Against Constitutional Crisis in Rivers State
The pro-democracy group issued a stern warning that continued impeachment moves by the Rivers State House of Assembly in defiance of court orders could trigger a serious constitutional crisis. The coalition emphasized that impeachment represents one of the gravest powers entrusted to any legislature and cannot be pursued as a political shortcut while disregarding judicial authority.
"The impeachment of a sitting governor carries immense constitutional weight," the coalition's statement declared. "This process cannot and should not be pursued in open defiance of court orders, as such actions would amount to a direct assault on judicial authority and could destabilize democratic governance in Rivers State."
Call for Restraint and Constitutional Patience
CDARL urged Rivers lawmakers to exercise restraint and await the outcome of pending appeals before taking further impeachment steps. The coalition noted that political tensions could only be eased through strict compliance with judicial directives and that disregard for interim court orders often marks the beginning of constitutional breakdowns.
"The chief judge's request for understanding was not merely a plea but a crucial reminder that no arm of government stands above the law," Abdulkareem asserted. "Constitutional patience should not be mistaken for weakness; it represents the essential price we pay for democratic survival and institutional stability."
Background of Ongoing Political Tensions
The current situation emerges against a backdrop of renewed tensions between Governor Fubara and members of the Rivers State House of Assembly led by Speaker Amaewhule. Barely two months after the suspension of emergency rule and reinstatement of democratic structures in Rivers State, political disagreements have resurfaced, highlighting the fragile nature of governance in the oil-rich state.
During recent legislative sessions, lawmakers have condemned property vandalization at Township School in Port Harcourt and other educational institutions across Rivers State. Assembly members have lamented alleged infrastructure decay in public primary and secondary schools while accusing the executive arm of insufficient action to address these critical educational challenges.
The coalition emphasized that its position does not represent a defense of any particular officeholder but rather a firm stand for judicial independence and constitutional order. The group warned that undermining court authority poses significant long-term risks to democratic stability and the rule of law in Nigeria.
