Court Order Halting Fubara’s Impeachment Violates Constitution — Lawyer

A legal practitioner, Godspower Egbule, has criticised the court order relating to the impeachment process of Rivers State Governor, Siminalayi Fubara, describing it as a blatant violation of the Constitution.

Egbule made the remarks on Monday, January 19, while responding to questions during an interview on Arise Television’s Morning Show.

He argued that the Rivers State House of Assembly had acted within the bounds of the law in initiating the impeachment process against the governor.

According to him, the stage reached in the impeachment proceedings makes any judicial intervention premature.

Egbule said, “The court order on the impeachment process of Governor Fubara is a clear, flagrant disobedience of the constitution.”

He stressed that Nigeria operates a constitutional democracy built on the principle of separation of powers, which allows each arm of government to serve as a check on the others.

“Ours is a constitutional democracy and in the context of that, we have what is called separation of powers. And the whole intent of separation of powers is that you are going to have checks and balances,” he said.

Egbule explained that the situation in Rivers State reflects this constitutional arrangement, with the legislature exercising its authority over the executive.

READ ALSO: Rivers Court Pauses Impeachment Process Against Fubara, Deputy

“Within the context of what we have in Rivers State is that you have the House of Assembly that is checking the excesses of the executive,” he stated.

He further referenced the supremacy of the Constitution, noting that all actions and authorities must conform to its provisions.

“First, the Constitution in Section one says the constitution is supreme and its provision shall have binding force on all the persons and authority,” Egbule said.

First Daily earlier reported that a Rivers State High Court sitting in Oyigbo Local Government Area on Friday, January 16, temporarily stopped all actions connected to the impeachment moves against Governor Siminalayi Fubara and his deputy, Ngozi Nma-Odu.

The court restrained the Speaker of the Rivers State House of Assembly, Martin Amaewhule, and 32 other parties, including the Clerk of the Assembly and the Chief Judge of Rivers State, from taking any further steps to advance the impeachment process.

Specifically, the court  barred the Chief Judge, Justice Simeon Chibuzor-Amadi, from receiving, processing, or acting on any impeachment-related resolutions or requests from the House, including the constitution of an investigative panel.

The order is to last for seven days, pending further proceedings.

Recall that the Rivers State House of Assembly last Friday, resolved to invite the state’s Chief Judge to investigate allegations of gross misconduct against Fubara and his deputy.

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