• My hand is fettered by the court orders
There was a twist yesterday to the impeachment process initiated by the Rivers State House of Assembly against Governor Siminalayi Fubara and Deputy Governor Ngozi Odu.
The Chief Judge, Justice Simeon Amadi, declined to set up a seven-man panel to investigate the allegations of gross misconduct against them as requested by the House of Assembly.
He explained that he had been restrained by interim injunctions by a High Court against the proceedings until the determination of the substantive suits.
Justice Amadi gave two conditions that would enable him to proceed with setting up the panel.
These are: the panel can only be set up if the interim orders are vacated in an appeal brought by the lawmakers, or the appeal filed by lawmakers against the orders is finally determined.
The House, in a letter by Speaker Martins Amaewhule on January 16 and accompanied by other documents, directed the Chief Judge to set up the panel, pursuant to Section 188(5) of the 1999 Constitution.
The investigative panel is one of the conditions stipulated in Section 188 for removing the governor and his deputy.
But, in a letter to the Speaker dated January 22, 2026, Justice Amadi explained that he could not go ahead with the constitutional duty following court orders obtained by the governor and his deputy.
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He said: “My office is also in receipt of two separate court orders of interim injunction issued on 16th January, 2026 in two suits by Fubara and Prof. Odu.”
Highlighting the parts of the orders that restrained his functions, Justice Amadi said his office was duly served with the documents on January 22.
The Chief Judge, who also attached certified true copies of the orders, said his action was based on legal and democratic principles.
Justice Amadi said: “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, irrespective of perception of its regularity or otherwise.
“Given the above scenario, our legal jurisprudence enjoins the parties to obey the order of interim injunction until it is set aside or the suit is finally determined.”
Quoting a judicial precedent to justify his position, Justice Amadi recalled that in the case of Hon. Dele Abiodun vs Hon Chief Judge of Kwara State and three others, the Chief Judge of Kwara State, who proceeded to set up five-man panel to investigate the allegations levelled against the appellant despite a subsisting restraining order of court and pending suit was roundly condemned in strong language.
Quoting the Court of Appeal judgment, he said: “I liken the scenario created by the Chief Judge to the position of a chief priest and custodian of an oracle turning round to desecrate the oracle. The Chief Judge of the state, who is the custodian and head of the judicial arm of the state, ought to abide by the laws of the state, nay the land…”
Justice Amadi acknowledged that the Speaker had lodged an appeal against the interim orders at the Court of Appeal, Port Harcourt Division, adding that he had been served with the notices of the appeal.
He added: “By the doctrine of ‘lis pendens’, parties and the court have to await the outcome of the appeal.
“In view of the foregoing, my hand is fettered, as there are subsisting interim orders of injunction and appeal against the said orders. I am therefore legally disabled at this point from exercising my duties under Section 188(5) of the Constitution in the instant.
“It is hoped that the Rt. Hon. Speaker and the honourable members of the Rivers State House of Assembly will be magnanimous enough to appreciate the legal position of the matter.”
There was jubilation in Port-Harcourt among Fubara’s supporters after the letter was made public.
