₦airaland Forum

According to Nigeria's 1999 Constitution, specifically Section 188(2), a Governor must be served a notice of impeachment personally. If the Governor isn't served, the impeachment process could be deemed invalid. In the Rivers State case, the Governor, Siminalayi Fubara, however, if he wasn't served, it could be a major issue, and will the courts intervene?

The Constitution emphasizes personal service, so if the Governor is traveling or refuses to accept the notice, will alternative arrangements be made to ensure he's properly served. If not, will the impeachment process be challenged in court?

He has to be served.
If he isn't, it will be on the gates of the Government House in PH or on newspapers.

I understand it's already in the Guardian newspaper, so Fubara has been served.

In this epic battle between the corner corner master and the otapiapia master, we wait with baited breath to see who will triumph.

fergie001:
He has to be served.
If he isn't, it will be on the gates of the Government House in PH or on newspapers.

I understand it's already in the Guardian newspaper, so Fubara has been served.

Which court grant their motion ex-parte to serve him by substituted means?

RISQUE:
Which court grant their motion ex-parte to serve him by substituted means?

You are correct.
They will need court action for substituted means though the Assembly said they have served him personally but I don't know how.

fergie001:
You are correct.
They will need court action for substituted means though the Assembly said they have served him personally but I don't know how.

This is the third impeachment effort that will not stand.

Kh36:
According to Nigeria's 1999 Constitution, specifically Section 188(2), a Governor must be served a notice of impeachment personally. If the Governor isn't served, the impeachment process could be deemed invalid. In the Rivers State case, the Governor, Siminalayi Fubara, however, if he wasn't served, it could be a major issue, and will the courts intervene?

The Constitution emphasizes personal service, so if the Governor is traveling or refuses to accept the notice, will alternative arrangements be made to ensure he's properly served. If not, will the impeachment process be challenged in court?

The most important person in impeachment is the Chief Judge of a state not even the house

If Fubara has the chief judge there is nothing the house can do absolutely nothing

The committee formed by the chief judge must find Fubara guilty of the offence first before the impeachment can happen

If he is not found guilty there is nothing the house can do

If it's published, it's a method of serving him. He mustn't be served in his hands..

You mean one-third cannot pass a vote of no confidence without the chief chief assenting to it?

mrvitalis:
The most important person in impeachment is the Chief Judge of a state not even the house

If Fubara has the chief judge there is nothing the house can do absolutely nothing

The committee formed by the chief judge must find Fubara guilty of the offence first before the impeachment can happen

If he is not found guilty there is nothing the house can do

chatinent:
If it's published, it's a method of serving him. He mustn't be served in his hands..

In Nigeria, serving a Governor with an impeachment notice through a newspaper is considered a form of substituted service. A notable case is that of Deputy Governor of Edo State, Philip Shaibu, where the impeachment notice was published in newspapers after he allegedly refused to accept it. Shaibu's aide claimed the notice wasn't properly served, sparking controversy.

Another case is the impeachment of Governor Rasheed Ladoja of Oyo State, where the Supreme Court ruled the process unconstitutional due to improper service of the notice. The court held that serving the notice through newspapers wasn't sufficient, as Section 188(2) of the Constitution requires personal service.

fergie001:
He has to be served.
If he isn't, it will be on the gates of the Government House in PH or on newspapers.

I understand it's already in the Guardian newspaper, so Fubara has been served.

Impeachment of Governor Rasheed Ladoja of Oyo State, where the Supreme Court ruled the process unconstitutional due to improper service of the notice. The court held that serving the notice through newspapers wasn't sufficient, as Section 188(2) of the Constitution requires personal service.

Duly noted.

Kh36:
In Nigeria, serving a Governor with an impeachment notice through a newspaper is considered a form of substituted service. A notable case is that of Deputy Governor of Edo State, Philip Shaibu, where the impeachment notice was published in newspapers after he allegedly refused to accept it. Shaibu's aide claimed the notice wasn't properly served, sparking controversy.

Another case is the impeachment of Governor Rasheed Ladoja of Oyo State, where the Supreme Court ruled the process unconstitutional due to improper service of the notice. The court held that serving the notice through newspapers wasn't sufficient, as Section 188(2) of the Constitution requires personal service.

chatinent:
You mean one-third cannot pass a vote of no confidence without the chief chief assenting to it?

To impeach a governor a committee formed by the chief judge would b have to find him guilty first of the offense

Vote of no confidence is in Parliamentary system in Presidential democracies it's mere academic efforts

In a sane country, NO.

In Nigeria, YES.

Under the drug baron regime, yes

The governor must be formally notified of the allegations and given the opportunity to respond. Any impeachment carried out without proper service would likely be invalid and vulnerable to being overturned by the courts.

Nigeria my country
God help us

Impeachment is a goner for Nyerishi . 5 more members of the RSHA will appeal to Martins Amawuale A.K.A ' backyard Gov de hungry me' to be calming down ' by tomoro

Why not? Anything can happen in this Tinubu administration. Who cares about the law and constitution now?

not in the constitution .
UPDATE: Two more lawmakers backed out from the impeachment process bringing the total to four.

My take is that Nigerians are not fit for self-rule

The constitution says the governor will be served, but didn't explicitly state that it must be personal. The Speaker knows how correspondence are sent to the governor. The governor trying to evade will only show how guilty he is.

The essence of service is to bring a person's attention to the existence of a legal action. This impeachment has been widely publicised, so the governor cannot feign ignorance of it.

If the Speaker has effected service and the governor continues to tell lies of nonservice, they will proceed with the process, whether he chooses to defend himself or not.

This is Nigeria. Anything is possible.
This is APC. Worse things have happened
This is Emilio. Kan regime. Evil magic works like madt

mrvitalis:
The most important person in impeachment is the Chief Judge of a state not even the house

If Fubara has the chief judge there is nothing the house can do absolutely nothing

The committee formed by the chief judge must find Fubara guilty of the offence first before the impeachment can happen

If he is not found guilty there is nothing the house can do

The Wike group has already beat the gun. The court has already found him guilty before now. Go and read the findings of the investigation concerning the burning of the Rivers house of assembly building. I don't think the judge might want to contradict the report.

AMINDA:
In this epic battle between the corner corner master and the otapiapia master, we wait with baited breath to see who will triumph.

If that impeachment proceeds then it is safe to say wike is greater than tinubu. We saw how tinubu reinstated Obase when he was impeached making an open show that there's no one greater than tinubu in lagos. Why's rivers different.

Politics no be ya mate..anything can happen ..
It requires wisdom and common sense.. not general knowledge

Efforts in futility
All this agreement is agreement is a waste of time.

Those clowns cannot impeach Fubara. 2 additional lawmakers have done another video to say they dont want to go ahead with the impeachment, that they want peace.
WIke just got half foot into APC through his puppies(state assembly lawmakers) and in less than 3 months the party is in disarray to the extent that state chapter is abusing National APC. This is the reason Tinubu will weaken Wike and will never let him have control of Rivers state funds.

AMINDA:
In this epic battle between the corner corner master and the otapiapia master, we wait with baited breath to see who will triumph.

Do something better with your life bro

I have withdrawn my support for Fubara since joined the entity of band its and showed a seeming slob Wike.

VHILL:
The Wike group has already beat the gun. The court has already found him guilty before now. Go and read the findings of the investigation concerning the burning of the Rivers house of assembly building. I don't think the judge migh
t want to contradict the report.

You need to go back to school and read how impeachment works

Tenses:
If that impeachment proceeds then it is safe to say wike is greater than tinubu. We saw how tinubu reinstated Obase when he was impeached making an open show that there's no one greater than tinubu in lagos. Why's rivers different.

The fight is between Fubara and his godfather, wike. Tinubu does not have problem with any of the two, and so far he has not taken any side. All he is after is to make sure both of them work for his 2027 ambition. Rivers state crisis is Rivers people's problem. Tinubu is not in a good position to resolve it. He can't resolve it.