The Rivers State High Court sitting in Port Harcourt, has suspended its earlier order restraining the Chief Judge of the state from acting on a request by the State House of Assembly to set up a panel to investigate allegations of misconduct against Governor Siminalayi Fubara and his deputy, Professor Ngozi Odu.
The court also adjourned indefinitely the hearing of the suit filed by the governor and his deputy, challenging the impeachment process initiated against them by the House of Assembly.
Justice Florence Fiberesima had, on January 16, issued an interim injunction barring the Chief Judge, Justice Simeon Amadi, from receiving or acting on the Assembly’s request to constitute a seven-member panel to probe allegations of gross misconduct against the governor and his deputy. The defendants in the suit include the Speaker of the House, Martins Amaewhule, and 32 lawmakers.
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The interim order restrained the Chief Judge from receiving, forwarding, considering, or acting on any request, resolution, articles of impeachment, or other communications from the defendants for the purpose of setting up an investigative panel. The order was to last for seven days, and the matter was adjourned to January 23 for mention.
When the case was called yesterday, lead counsel to the Speaker and the lawmakers, Mr S. I. Amen (SAN), informed the court that appeals had been filed at the Court of Appeal in respect of the matter. He therefore urged the court to suspend further proceedings pending the determination of the appeals.
Counsel to the plaintiffs, Mr Paul Orikoro (SAN), as well as counsel to the 28th, 29th and 30th defendants, Mr Lawrence Oko-Jaja (SAN), raised no objection to the request.
In her ruling, Justice Fiberesima adjourned the case sine die, explaining that the indefinite adjournment was necessary to allow the appellate court to determine the issues raised before her court.
Meanwhile, the Chief Judge of Rivers State, Justice Simeon Amadi, has formally declined the request by the House of Assembly to constitute a panel to investigate the allegations against the governor and his deputy, citing subsisting court orders restraining him from doing so.
In a letter dated January 20 and addressed to the Speaker, Justice Amadi explained that his office had received two separate injunctions relating to the matter, which effectively prevented him from taking any action.
He stressed that constitutionalism and the rule of law require strict obedience to court orders by all persons and authorities, regardless of any personal views about their validity.
Justice Amadi noted that acting in defiance of the subsisting orders would amount to a breach of judicial discipline and constitutional principles. He said the doctrine of lis pendens applies, meaning that all parties must await the outcome of the pending appeals before any further steps are taken.
“In view of the foregoing, my hands are fettered, as there are subsisting interim orders of injunction and appeals against those orders,” the Chief Judge stated. “I am therefore legally disabled at this point from exercising my duties under Section 188(5) of the Constitution in this matter.”
He expressed hope that the Speaker and members of the House would appreciate the legal position and exercise restraint pending the resolution of the appeals.
The allegations levelled against Governor Fubara and Deputy Governor Odu include reckless and unconstitutional expenditure of public funds, misappropriation of state resources, obstruction of the legislative arm in the performance of its constitutional duties, unlawful bypassing of the legislature in appointments, seizure of lawmakers’ salaries and funds, and refusal to implement constitutional provisions on financial autonomy for the legislature and judiciary.
Others include withholding funds meant for the House of Assembly Service Commission and hindering its operations.
Legal observers say the court’s decision and the Chief Judge’s refusal to act have effectively stalled the impeachment process, leaving the political crisis in the state in limbo pending the outcome of proceedings at the Court of Appeal.
