₦airaland Forum

I am deeply pained that the Governor of Rivers State, His Excellency , sir Siminalayi Fubara, has not learned from his past political trajectory with the Minister of the FCT, Nyesom Wike.

There is a saying that goes: how can you keep doing the same thing and expect different results?

It is simply impossible.

Last time, when you confronted the Minister’s camp through the courts, you did not win a single case — not even one.

He defeated you back and forth legally. In the end, the Supreme Court ruled, and I quote in essence, that there was no proper government in Rivers State.

That judgment threw out the illegally elected local government chairmen and even went further to restrict your access to the state’s coffers.

Now, you have started again — and even more troubling, without a strong legal team to match the battle ahead.
I humbly advise you: dialogue with your political opponents.

You cannot win this battle in court because no court has the power to stop a State House of Assembly from carrying out its constitutional duty, including impeachment proceedings.

No court can undermine the authority of the legislature in performing its lawful responsibilities.

Your only viable option is dialogue.
I repeat: dialogue.

Anything short of this, you risk impeachment in no distant time.

Cherrybae
A Concerned Rivers Patriot

I will advice Tinubu and APC not to waste money and time campaigning in the south Eadt.

Only Kano vote will clear up the SE vote with a big jara on top.

Omoojugo:
Criminals only fighting for themselves

But if they had decamped to join your Agulu messiah, you will hail them.

Hypicrites

Tinubu is indeed God sent leader. I await Peter obi to applaud the Tinubu led govt.

Atiku already commended the Tinubu led govt on this massive investment

God bless Tinubu
God bless wike who made this to happen

I am speechless and have my fingers crossed.

I won't say anything

Aaron Chukwuemeka (Rivers)

Wike man. See how wike is positioning his boys with federal appointments.

Wike na man you be

reddingtonblack:
Lets even say you are religiously correct, whatever order comes the Fact still remain the Impeachment is still dependent on the chief Judge final say

The chief judge is the sole one to assemble a panel, from the look of things the chief judge is not on Wike side i stand to be corrected

So what do you think will happened with the judgement. if he refuses to see the misconduct thats the end of the impeachment process. So do whatever last last the chief judge holds final say

I am a Fubara supporter but dumped him because he betrayed his supporters who fought and stood by him before his suspension.

Nobody will be ready to sacrifice for Fubara cos he will abandon them tomorrow.

The chief judge will be neutral cos she cannot mortgage her future and career cos of Fubara.

Just watch and see. If she dies anyhow and maybe Fubara loses re_election to wike person, I bet you, they will finish her

iwaeda:
Wike is Gone. The end of his political career. Sam Anyanwu dethroned.

Wike gone to where. Tomorrow same you will shift goal post to attack the judiciary when the order is vacated.

Look APC and Tinubu cannot sacrifice wike cos of Fubara.

Only wike can deliver Rivers vote fir APC. Peter Obi will sweep Rivers vote if APC rely on Fubara.

Even Atiku will also sweep Rivers vote if APC rely on Fubara.

Fubara is governor for social media. Election in Rivers is do or die and Funara has no grassroot base bit only social media

This is the best decision. Appeal court already promised accelerated hearing to conclude the case with 2weeks.

I am sure supreme Court will follow suit with accelerated hearing.

Fubara can only rely on state high court. No levels in Appeal court or supreme court.

The High Court lacks the jurisdiction to issue a restraining order and the Appeal court will vacate the order.

Fubara is finished.

DSS must arrest Alex Otti and Peter obi now.

It is their hand work to rig in 2027.

God bless the NPF

Omo see comments. No joy at all in anyone.

One thing about Nigerian youths is that they stand with one voice if he acted well while in office.

Even ipob and obedient are all in same page with everyone.

Kudos to ipob and obedient. Together we shall make Nigeria great.

Just imagine. Vanity upon vanity.

What shall it profit a man if he gains the whole world and lose his soul.

This is pure vanity upon vanity.

May God have mercy on them and grant them salvation

I see Peter obi hands in this Judgement. Obi wants to return to Labour party hence he influenced this Judgement through the back door.

A party he obi recently resigned from, he wants to come back to same party.

A shame

Jaylord12:
This picture of kill#d terrorists look like the one of last year bandits killed in zamfara.. Anyway anything to stop the bloody bandits.

Why not post the one of last year. Why are you bitter for every goodness.

Commend the military or you keep quiet

Just because he is igbo. I condemn this, I condemn it, I condemn it. And I call on the Nigerian government to as a matter of national interest imposed sanctions on Senegal.

This is inaccessible and condemnable. We reject it in its totality.

manmade:
Go and file your appeal at the court of appeal and stop making useless noises here

Appeal for what. Expect a total lockdown in Rivers state.

The order will not stand

manmade:
Tell them to go and challenged the order at the court of appeal, it's not in their mouth or yours to determine the constitutionality or otherwise of a court order.

Why not condemn this judicial rascality. The order will not stand.

We are shocked that both Peter Obi and Atiku are yet to condemn this restraining order .

Yet they both clamour for a better Nigeria

Donald Trump must act now to save our democracy.

How can our country move forward when our judges have all dethroned God fir materialistic pursuit.

We call on USA,Russia, United Kingdom, France and countries of the world to rise up to their voices and condemn this Judicial rascality

The court order s prima facie, unconstitutional and a nullity..

Coordinate Jurisdiction Problem.

A High Court:
Cannot restrain a Chief Judge of a State in the performance of constitutional duties

Especially where the Chief Judge is administrative head of that same court system

Such an order offends:
Judicial hierarchy
Comity
Institutional independence.

We the Rivers Youth Movement have read with total dismay on social media and numerous News outlet a purported court Order restraining the chief judge from carrying out its constitutional duties.

Below is a properly cited, structured, and analytical Nigerian constitutional law treatment of the question whether a court can stop a Chief Judge from carrying out constitutional duties, with specific constitutional provisions.
1. Constitutional Status of a Chief Judge

(a) Source of Authority
The office of the Chief Justice of Nigeria (CJN) and Chief Judge of a State is created by the 1999 Constitution (as amended).
Relevant provisions:
Section 231 – Chief Justice of Nigeria
Section 256 – Chief Judge of a State
Section 271 – Appointment of State Chief Judge
Section 292 – Removal of judicial officers

A Chief Judge’s powers are constitutional, not derived from statute or executive discretion.

2. General Rule: Courts Cannot Restrain Constitutional Duties

Legal Principle

A court cannot issue an injunction restraining a Chief Judge from performing constitutional or administrative judicial functions.
This principle is anchored on:
Separation of powers
Independence of the judiciary
Hierarchy and comity within the judicial system
A court of coordinate or lower jurisdiction lacks competence to restrain a constitutional judicial officer.

3. Exclusive Disciplinary Authority of the NJC

Constitutional Basis

Section 153(1)(i) – Establishes the National Judicial Council (NJC)
Paragraph 21, Third Schedule – Vests disciplinary control over judicial officers in the NJC

The NJC has exclusive power to: Investigate allegations
Recommend suspension or removal
Exercise disciplinary control

4. Leading Authority: Elelu-Habeeb v. A.G. Federation

Elelu-Habeeb v. A.G. Federation (2012) 13 NWLR (Pt. 1318) 423 (SC)

Facts:

The Governor of Kwara State suspended the Chief Judge without NJC involvement.
Supreme Court held:
Suspension or removal of a Chief Judge without NJC recommendation is unconstitutional
The NJC’s role is mandatory
Any action bypassing NJC is null and void

Key Ratio:

“The National Judicial Council is the only body constitutionally empowered to exercise disciplinary control over judicial officers.

Implication:

If even the Governor and House of Assembly cannot suspend a Chief Judge without the NJC, a court cannot do so by injunction.

5. Courts Cannot Assume NJC’s Role

NJC v. Aladejana (2014) 14 NWLR (Pt. 1426) 570

The Supreme Court reaffirmed that:
Disciplinary powers over judges lie exclusively with the NJC
Courts cannot usurp this role

6. Limits of Judicial Intervention

What Courts MAY Do

A court may:
Interpret constitutional provisions

Declare actions unconstitutional

Enforce NJC recommendations

Review due process after NJC action

What Courts MAY NOT Do

A court may not:
Suspend a Chief Judge

Stop assignment of cases

Restrain administrative control of courts

Issue ex parte orders preventing performance of duties
Any such order is a nullity.

Relevant Supporting Authorities

A.G. Federation v. Abubakar (2007) 10 NWLR (Pt. 1041) 1
The Supreme Court warned against: Judicial interference that destabilizes constitutional governance.
Military Gov. of Lagos State v. Ojukwu (1986) 1 NWLR (Pt. 18) 621
Affirms supremacy of the Constitution and due process.

Practical Application

Example Scenario
If a litigant obtains:
An ex parte order restraining a Chief Judge from swearing in judges or assigning case

Legal Effect:

Order is void ab initio

Constitutes abuse of court process
Liable to be set aside on appeal or by the issuing court

Summary

Legal Position
Court stopping Chief Judge’s duties

❌ Not allowed
NJC disciplinary role

✔ Exclusive
Court enforcing NJC decision

✔ Allowed
Suspension without NJC

❌ Unconstitutional
Injunction against CJ
❌ Nullity

FinalConclusion

✔ A Nigerian court cannot stop a Chief Judge from carrying out constitutional duties.

✔ Only the NJC can discipline or recommend removal.

❌ Any court order restraining a Chief Judge without NJC involvement is unconstitutional and void.

Based on the above, we hereby call on the NJC as a matter of National interest to sanction the judge who issued the restraining order.

We further call on Gov Fubara and hus Deputy to appear before the 7 man panel to be constituted by the chief Judge and defend all allegations.

We wish to warn that if within 72hrs, the NJC fails to sanction the Judge, we vow to shutdown all operations in Rivers state, All industries. Schools. Markets, shops. Banks will be shutdown until our demands are implemented.

Hon Tamunotonye Briggs
Publicity secretary

Truvelisback:
You seem to be downplaying the power and influence of BAT. It was BAT that backed Wike that was why he could toss SIM around but now, reverse is the case. Mr. President is now on SIM's side. This has angered Wike but he is just holding his anger against BAT because of his FCT appointment.

Tell us how is PBAT backing Fubara. You think Rivers is like Abia.

Fubara cannot deliver Rivers dor PBAT. Know this and know peace.

Only wike can do that. PBAT can never sacrifice wike for Fubara.

Fubara supporters will take his money. Pocket it and sleep at their homes on election day.

Forget the social media noise, Fubara has no grassroot structure in Rivers but wike has it 100%.

2027 is close. We shall see

fergie001:
Wike is not friend, I don't like his style 😂

I can't stand with Fubara after he behaved some amateurish the last time.

No sane person will stand with Fubara. A very weak man.

He will abandon everyone, just watch and see.

The impeachment will go on just watch and see.

To be Frank, Fubara cannot deliver Rivers for Tinubu hence I don't see Tinubu siding Fubara.

Only wike can deliver Rivers for Tinubu.

Hence I stand with wike

fergie001:
Abuja has told Wike to drop it.
The rest is left to him!

I have no dog in the fight.... Fubara doesn't pass off to me as someone with ballssss, so he is on his own!

Again, no Court is supposed to stop a legitimate and constitutional process as impeachment.

The court order will not stand. The judge who gave the order will weep and sorrow.

He will be sanctioned.

All over the world, no court have such powers to stop a constitutional process.

Had it been Fubara has balls, I swear I will be on his side.

You don't fight for man who will abandon you when yawa gazz.

I stand with wike like fergie001

Obedient and Ipob are to emotional, they were rejoicing and abusing Wike.

While wike and his boys were busy planning.

I wonder what Obedient and ipob will say again.

Wike na man you be

Iran and the Arab world will level USA to dust.

I advice Trump to back sown now and appolofize

Ojuntana:
Is it a must for you to comment on every thread
If you have nothing meaningful to say abeg keep quiet

But his comment is meaningful. PSP disobeyed court order by preceeding with the Ibadan National convention.

Wike faction will take the day in court.

May God continue to bless. Guard and protect 001 wike

Wild jubilation across the Federation. Tinubu is just like the biblical Moses whom God sent to go and tell Pharaoh to let his people go.

We are already closer to the promised land.

God bless Tinubu
God bless wike