Rivers CJ explains reasons for declining Assembly’s request for Fubara’s probe panel

The Chief Judge of Rivers State, Hon. Justice Simeon Amadi, has urged the Rivers State House of Assembly and other parties in the Rivers Political crisis to obey the interim order of court of the impeachment proceedings. 

Amadi explained that he would not go ahead to constitute the 7-man panel to investigate the allegations of gross misconduct against the Governor, Sir Siminialayi Fubara, and his deputy, Prof Ngozi Nma Odu, as requested by the Martin Amaewhule-led assembly. 

Amadi disclosed this in a letter he personally signed and addressed to the Speaker of the assembly, Amaewhule. It would be recalled that the state lawmakers had commenced an impeachment proceedings against Fubara and his deputy, Odu, over alleged gross misconduct.

The lawmakers, who claimed that their move was in pursuant of Section 188 of the Nigeria Constitution as amended, had on the 16th of January, written the Chief Judge of the state, Amadi, requesting him to constitute a panel to investigate the allegations against the governor and his deputy.

It would also be recalled that the governor and his deputy had in separate suits approached Oyibo branch of the state high court, but holden in Port Harcourt, and secured an order stopping the Chief Judge from receiving or acting on any letter from the state lawmakers.

However, the Chief Judge in the letter dated January 20, declined to constitute the 7 man panel, noting that he has received two separate valid orders of court stopping him from handling the issue.

The letter read: “Reference is made to your two letters to my office, both dated 16th January, 2026 and received same date. To both letters, are attached voluminous documents on the subject-matters to wit:

“Request for the Chief Judge, my humble self, “to appoint seven (7) persons to investigate the allegations of gross misconduct against His Excellency, Sir Siminalayi Fubara, GSSRS, the Governor of Rivers State, pursuant to Section 188(5) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended)”; based on the resolution of the House of Assembly vide Section 188(4) of the Constitution.”

He said that his office got the request by the assembly for the constitution of the Panel, but that they also got the order of court stopping him, the CJ from handling the issues.

“My office is also in receipt of two separate court orders of Interim injunction issued on 16th January, 2026 in two suits namely: Suit No.: ΟYHC/6/CS/2026 Her Excellency, Prof. (Ms.) Ngozi Nma Odu, DSSRSSuit No.: OYHC/7/CS/2026 His Excellency, Sir Siminalayi Fubara, GSSRS Vs. The Rt. Hon. Martin Chike Amaewhule, DSSRS (Speaker, Rivers State House of Assembly) & 32 Ors.

“The Hon. Chief Judge of Rivers State is the 32nd Defendant/Respondent in the said suits. The said interim orders were served on my office on the same 16th January, 2026.”

The order read in part: “That an interim injunction is hereby made, restraining the 32nd Defendant, i.e., The Hon. Chief Judge of Rivers State from receiving, forwarding, considering and or howsoever acting on any request, resolution, articles of impeachment or other documents or communication from 1st-27th and 31st Defendants for the purpose of constituting a panel to investigate the purported allegations of misconduct against the Claimant/Applicant for seven days.”

He said that obedience to the Ruler of law is important in constitutional democracy, noting that the lawmkers have already appealed the order. He urged parties to obey the order and await the decisions of court on the developments.

The letter read: “Constitutionalism and the Rule of Law are the bedrock of democracy and all persons and authorities are expected to obey subsisting orders of 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. 

“Furthermore, you have lodged appeal against the said interim orders at the Court of Appeal, Port Harcourt Division. I was served with the Notices of Appeal on 19th and 20th instant. Attached herewith, are the said Notices of Appeal. 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.”