Fubara Can Legally Challenge Impeachment Process — Lawyer

A legal practitioner and National Coordinator of the Advocates for People’s Rights and Justice, Victor Giwa, has maintained that Rivers State Governor, Siminalayi Fubara, is legally entitled to contest the impeachment process commenced against him by the State House of Assembly.

Giwa made this known on Tuesday, the 20th of January, 2026, while speaking during an interview on Arise Television, where he explained that the removal of a sitting governor is not automatic, but discretionary, and can be challenged at any point in the process.

According to him, the right to fair hearing is a core constitutional requirement and forms a critical pillar of Nigeria’s legal framework.

The lawyer said: “The issue of a governor’s removal is discretionary, meaning he can challenge the process at any stage.

“Section 188(9) says the governor shall have the right to be represented by himself or a counsel of his choice. So, that issue is talking about fair hearing. If the governor is not served with that notice and he’s not in receipt of that notice, then there’s no way you can claim to remove him.

READ ALSO: Court Order Halting Fubara’s Impeachment Violates Constitution — Lawyer

“It’s a strong constitutional process for you to remove a governor. And Fubara said he has not even been served with what you are saying, because he has the right to be heard.

“So, it is very fundamental for the court not to inquire what they are doing, but to find out if the governor has been served any notice of impeachment. So, if the governor has been served, then the process can go on.”

Giwa emphasised that any impeachment procedure that fails to comply strictly with constitutional provisions, particularly the service of notice, would amount to a violation of the governor’s right to a fair hearing and could render the process invalid.

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