An impeachment in futility
By UMAR SANI
The Assembly insists that no court order particularly one obtained ex parte from a High Court outside the Port Harcourt Judicial Division
can lawfully restrain it from performing its constitutional duties. In their view, any attempt to do so is not only unconstitutional but dead on arrival.
The Rivers State House of Assembly has raised the alarm over an alleged plot by individuals close to Gov Sim Fubara to procure an ex parte order from a court outside Port Harcourt aimed at truncating the impeachment proceedings initiated against the governor and his deputy, Prof. Ngozi Odu. According to the lawmakers, such a move would amount to a gross violation of Section 188(10) of the 1999 Constitution (as amended), which expressly bars courts from entertaining or questioning any proceedings of a State House of Assembly relating to impeachment.
The Assembly insists that no court order particularly one obtained ex parte from a High Court outside the Port Harcourt Judicial Division
can lawfully restrain it from performing its constitutional duties. In their view, any attempt to do so is not only unconstitutional but dead on arrival.
This mindset perhaps explains why associates of the governor believe the judiciary can be deployed to halt what is essentially a political process, even when such proceedings are clearly guided and insulated by the Constitution. The tactic of rushing to court to secure interlocutory or ex parte orders to stall political actions has become a familiar Nigerian phenomenon one perfected over time and often used as a delay mechanism rather than a genuine search for justice. They cite the PDP court cases as reference where leadership issues have been settled by the Supreme Court as non-justiciable yet Federal High Courts have been used to truncate them.
Section 188 lays out the impeachment process in clear terms and, by subsection (10), removes judicial interference. A recent pronouncement by the Court of Appeal, has emphasized this, yet the temptation to weaponize the judiciary persists.
Ironically, this playbook is not new to Rivers’ politics. If Gov Fubara is now exploring these options, he may simply be borrowing a leaf from his political godfather’s well-documented tactics. After all, what is good for the goose is also good for the gander.
Beyond the legal gymnastics, the substance of the impeachment allegations themselves raises serious questions. Many of the accusations appear superfluous, self-serving, and politically motivated. Issues already addressed during the period of emergency governance, including fiscal decisions and budgetary execution, are being recycled as grounds for “gross misconduct.”
The insistence that the governor must present a supplementary budget, despite an existing budget already in operation, appears more like a power play than a constitutional necessity. Notably, the sole administrator during the crisis period reportedly settled outstanding liabilities owed to lawmakers, weakening claims of executive high-handedness.
More troubling is the timing. When the State Executive Council deliberated and approved the 2026 budget, the House deliberately proceeded on recess, only to re-emerge with an impeachment notice against both the governor and his deputy. This sequence of events fuels the perception that the process is less about governance and more about political control.
Removing an elected governor through trumped-up charges is neither a tea party nor an akara jamboree. It is unrealistic to expect a sitting governor, especially in a pre-election year, to fold his arms and submit meekly to what many perceive as an orchestrated attempt by a godfather to seize power by proxy.
The House would do well to reconsider its approach. Rivers State is already a theatre of complex political alliances and rivalries. The Assembly cannot ignore the looming resistance from the ruling and opposition parties, the Progressive Governors’ Forum, some Rivers elders, traditional institutions championed by Asari Dokubo, and even silent but potent forces within the presidency.
Landmines have been laid across the political landscape, and no actor is immune. Prudence, restraint, and peaceful overtures not brinkmanship remain the only sustainable path forward.
Sani writes via his X handle @UmarSanithecat
