₦airaland Forum

Let the courts decides though.

Chucks13:
Court can't stop it but "we" will make the court to stop it.

And any judge who acted contrary to our recommendation and give audience to carry on with the impeachment process will ends up in Sambisa forest Court or in a village court in Sokoto by compulsory transfer.

Now Fubara is with us nothing can happen to him. Take it or leave it.

Chest beating! Are you aware there is a subsisting case that Rivers State allocation shouldn't be given to Rivers State until Fubara presents his budget?

Courts can intervene in anything, if it feels it's not following rule of law!

press9jatv:
Can a Court stop the impeachment of Governor Fubara?

The ongoing impeachment moves against Governor Siminalayi Fubara of Rivers State have once again brought to the fore a recurring constitutional question in Nigeria’s democratic practice: Can the courts stop an impeachment process once the House of Assembly has invited the Chief Judge to constitute a panel to investigate allegations against a governor?

The simple answer is yes.

Impeachment in Nigeria is a constitutional process governed strictly by Section 188 of the 1999 Constitution (as amended). While it is often described as a political tool in the hands of legislators, the law is settled that impeachment is not beyond judicial scrutiny. What courts may not interrogate are the political reasons for impeachment; what they can and do examine is whether the procedure laid down by the Constitution has been faithfully followed.

Under Section 188, impeachment follows a sequence: a notice of allegation signed by not less than one-third of the members of the House, service of the notice on the governor, a resolution supported by two-thirds of members, and a request to the Chief Judge to constitute a seven-man panel to investigate the allegations. Only after the panel submits its report can the House take the final step of removal.

Once the House writes to the Chief Judge to set up a panel, the process has certainly advanced. However, it has not crossed the point of no return.

Nigerian courts have consistently held that they can intervene at any stage of impeachment proceedings where there is evidence of constitutional breach. This position was firmly established in landmark cases such as Inakoju v. Adeleke and Dapialong v. Dariye. The courts made it clear that while impeachment is political in nature, compliance with constitutional procedure is a legal obligation enforceable by the judiciary.

Therefore, a court order can lawfully stop impeachment proceedings, even after the request to the Chief Judge, if certain conditions exist. These include situations where the House of Assembly is not properly constituted, where there is no valid quorum, where lawmakers involved are themselves under legal dispute, or where the steps taken violate the clear provisions of Section 188. Similarly, denial of fair hearing, rushed timelines, or actions driven by bad faith can attract judicial intervention.

In such cases, courts may issue restraining orders, injunctions, or orders maintaining the status quo. These orders may prevent the Chief Judge from constituting a panel or halt the panel from continuing its work. Contrary to popular opinion, this does not amount to judicial interference in legislative affairs; rather, it is the enforcement of constitutional supremacy.

However, it must also be stated clearly that courts are generally reluctant to interfere with impeachment where due process is strictly followed. If the House of Assembly is lawfully constituted, the required numbers are met, and every procedural step is complied with, the judiciary will likely allow the process to run its course.

Applied to the Rivers State situation, the decisive factor is not the political tension or the personalities involved, but the legality of the process. If Governor Fubara can demonstrate that the House’s actions are constitutionally defective, illegitimate, procedurally flawed, or done in bad faith, the courts are empowered to intervene. If not, the impeachment process may proceed unhindered.

This distinction is critical for Nigeria’s democracy. Allowing courts to enforce due process prevents impeachment from becoming a tool of vendetta or political ambush.

In the final analysis, impeachment is neither above the law nor immune from abuse. The Constitution remains the ultimate referee, and the courts remain its faithful guardians. Whether the impeachment of Governor Fubara proceeds or stalls will depend, not on political noise, but on strict adherence to constitutional discipline.

That, ultimately, is the true test of democratic maturity.

Christian U. Abu, PhD, MNIM, MAAPS

In all that you have written what is that requirement that has not been met that gives the Court that legal right to place an injunction or that the injunction should remain?

Without being a lawyer, it's obvious that the Governor is applying delay tactics to forestall his impending impeachment.

That the RSHA is properly constituted cannot be disputed.

That the required quorum is met cannot also be disputed.

That the procedural steps for impeachment have been followed cannot also be disputed.

All the RSHA needs to do is to appeal to a higher court to vacate the order.

Once the order is set aside, the CJ can then proceed by constituting the panel to examine the allegations against the Governor.

If found wanting, Fubara would have to bid the seat of the Governor farewell!





@hotseat

Faber:
The impeachment cannot proceed...

They failed to notify the Chief Judge to constitute the 7 man investigative panel within 7 days as stipulated by the Constitution...


Impeachment notice on the chief Judge came very late, because of late arrival of signal from Abuja

😁😁

dederocs:
Courts can intervene in anything, if it feels it's not following rule of law!

When you have Nigeria as a country such nonsense happens.
It's only in Rivers State that the Court placed a perpetual injunction on a corruption case against a former governor and all others have been hiding under such...
Till quarrel started and we heard the lid was removed or said to be.!!¡

This was how he was misled before his suspension

He's listening to these people again. He will regret it.

Some cap but no head

bixton:
When you have Nigeria as a country such nonsense happens.
It's only in Rivers State that the Court placed a perpetual injunction on a corruption case against a former governor and all others have been hiding under such...
Till quarrel started and we heard the lid was removed or said to be.!!¡

Although Nigerian courts leave much to be desired, but all over the world, courts and referendum are the last arbitrar in a democratic system.

yarimo:
Some people just want to mislead FUBARA again with false hope of court, Mr FUBARA no court can stop any legislators from doing their constitutional duty

Fubara don outsmart all of u when he joined APC , a solid ground to put wike in his place.. LOOOOOOOOL

If dem like make dey finish themselves.. e no concern me

See wetin too much porn and fornication dey cause

jospepper:
My own be say this madam can cause a miscarriage of justice

Whalis:
Chest beating! Are you aware there is a subsisting case that Rivers State allocation shouldn't be given to Rivers State until Fubara presents his budget?

Dey waste your time ok.

G

press9jatv:
Any evil gang-up against the chosen, His Excellency Amaopusenibo Sir Siminalayi Fubara GSSRS, the one God has sent to deliver Rivers State, shall not stand.

Let the enemies of Rivers State hear this clearly:
No plot built on envy, betrayal, or selfish ambition will outlive truth. Evil sycophants may gather, but they will scatter, for when the foundation is righteous, the storm only strengthens it.

As our elders say, “When a man walks with a clear conscience, even the path of fire becomes a road of victory.”

Rivers State will move forward.
God’s purpose will prevail.
And our mandate shall be protected now and always.

Ijaw Matters View Point

IF ŴIKE IS THE ONE THAT CHOOSE YOUR CHOSEN ONE. THEN WIKE CAN FIRE YOUR CHOSEN ONE.

Chinonye2022:
For apc chairman to keep mute with hope uzodimma fubara is gone

Gone to Where ...Go and Play with Sand Baby ..

press9jatv:
you better accept the reality here. We are educated here. Fubara can never be impeach.


Implications of a Rivers State High Court Order Barring the Chief Judge from Receiving an Impeachment Notice

1. The impeachment process in Rivers State is legally suspended.

Once a Rivers State High Court restrains the Chief Judge of Rivers State from receiving or acting on an impeachment notice, the impeachment process under Section 188 of the 1999 Constitution (as amended) is effectively frozen.

Why:

● The Chief Judge’s role is mandatory, not discretionary.
● Without receipt of the notice by the Chief Judge, no investigative panel can be constituted.

Implication:

The Rivers State House of Assembly cannot lawfully move beyond internal discussions or resolutions.

2. The Assembly cannot lawfully bypass the Chief Judge

Under Nigerian constitutional law:

● There is no alternative channel for serving an impeachment notice.
●No acting Chief Judge or substitute body can step in while a court order subsists.

Any attempt to:

● Serve the notice through another official, or

●Continue the process without the Chief Judge
would be null, void, and unconstitutional.

3. The order must be obeyed until set aside

Even if the Assembly believes the court lacks jurisdiction:

● Compliance is mandatory until the order is overturned on appeal.
● Failure to comply exposes:
● Individual lawmakers
● Assembly leadership
● Any cooperating officials

to contempt of court proceedings.

📌 This is settled Nigerian law: court orders are obeyed first, challenged later.

4. The Rivers judiciary is shielded from political pressure

The order protects the institutional independence of the Rivers judiciary by:

● Preventing the Chief Judge from being forced into a politically charged process
● Ensuring due process is judicially reviewed before continuation

Implication:
The Chief Judge cannot lawfully act on, acknowledge, or process any impeachment notice while the order stands.

6. The dispute has shifted from politics to litigation

At this stage, the crisis in Rivers State is no longer primarily political.

The lawful options open are:

●Appeal the High Court ruling
● Apply to set it aside or vary it
●Maintain the status quo pending final determination

Until then, political escalation has no legal footing.

These is how you people deceived fugbars the first time.

yarimo:
Some people just want to mislead FUBARA again with false hope of court, Mr FUBARA no court can stop any legislators from doing their constitutional duty

Constitutional duty or wike's duty stop being delusional and face the reality on ground those legislators are carrying out wike's orders and not constitutional duties get that into your skull and this can only happen in a country like Nigeria

Odidigboigbo:
Be calming down. mark my word, the CJ will not set up the panel and heaven will not fall, then let's see how they would proceed with the impeachment without first, RSCJ constituting an investigative panel.

If that is how Riverians want their space so be it!

Even the court have eyes 👀 to see that wike and his boys are just interested in Rivers Treasury just to loot the state to comatose and the court won't fold its arms and watch that happen period.
How will wike be greedy to the point that everybody now noticed it

zoedew:
Yes but only if the procedure as prescribed by the Constitution was not followed. You got it wrong at para 6 of this piece as the court cannot intervene during the procedure. It is only at the conclusion of the procedure. Read s.188 cfrn ‘99 closely and the Inakoju and Abaribe cases.At the present stage of the procedure that court cannot stop the ongoing procedure. Only at the point where the procedure has run its entire cause can the Governor properly bring an action and all the court is empowered to do is to check to be sure that the procedure as prescribed by the Constitution was followed by the Legislature.

what is the sense in Allowing the Judge to " ACCEPT" the request, SETUP a panel then now jump out of the bush to HALT the process ...if there is need to stop something why wait at the end, you waste people time and resources where is the sense abeg

So you want him impeached? What is his offence? Wait oo have you ever think how nigeria can happen to your kids in the future? You can't continue eating agbadu all days of your life.

yarimo:
Some people just want to mislead FUBARA again with false hope of court, Mr FUBARA no court can stop any legislators from doing their constitutional duty

yarimo:
Some people just want to mislead FUBARA again with false hope of court, Mr FUBARA no court can stop any legislators from doing their constitutional duty

dey play

Impeach him for what? Hungry agbadorians make una rest kwanu. Your kids future in Nigeria should remain your main concern.

reddingtonblack:
what is the sense in Allowing the Judge to " ACCEPT" the request, SETUP a panel then now jump out of the bush to HALT the process ...if there is need to stop something why wait at the end, you waste people time and resources where is the sense abeg

That is the Law on the authorities and the plain wordings of s.188 CFRN '99 (As Amended).

God help us o. This kind fine woman wey con blind.

press9jatv:
you better accept the reality here. We are educated here. Fubara can never be impeach.


Implications of a Rivers State High Court Order Barring the Chief Judge from Receiving an Impeachment Notice

1. The impeachment process in Rivers State is legally suspended.

Once a Rivers State High Court restrains the Chief Judge of Rivers State from receiving or acting on an impeachment notice, the impeachment process under Section 188 of the 1999 Constitution (as amended) is effectively frozen.

Why:

● The Chief Judge’s role is mandatory, not discretionary.
● Without receipt of the notice by the Chief Judge, no investigative panel can be constituted.

Implication:

The Rivers State House of Assembly cannot lawfully move beyond internal discussions or resolutions.

2. The Assembly cannot lawfully bypass the Chief Judge

Under Nigerian constitutional law:

● There is no alternative channel for serving an impeachment notice.
●No acting Chief Judge or substitute body can step in while a court order subsists.

Any attempt to:

● Serve the notice through another official, or

●Continue the process without the Chief Judge
would be null, void, and unconstitutional.

3. The order must be obeyed until set aside

Even if the Assembly believes the court lacks jurisdiction:

● Compliance is mandatory until the order is overturned on appeal.
● Failure to comply exposes:
● Individual lawmakers
● Assembly leadership
● Any cooperating officials

to contempt of court proceedings.

📌 This is settled Nigerian law: court orders are obeyed first, challenged later.

4. The Rivers judiciary is shielded from political pressure

The order protects the institutional independence of the Rivers judiciary by:

● Preventing the Chief Judge from being forced into a politically charged process
● Ensuring due process is judicially reviewed before continuation

Implication:
The Chief Judge cannot lawfully act on, acknowledge, or process any impeachment notice while the order stands.

6. The dispute has shifted from politics to litigation

At this stage, the crisis in Rivers State is no longer primarily political.

The lawful options open are:

●Appeal the High Court ruling
● Apply to set it aside or vary it
●Maintain the status quo pending final determination

Until then, political escalation has no legal footing.

As much as I agree with most of your points, saying Fubara can NEVER be impeached is a fallacy. He can be impeached, provided the process strictly follows the constitutionally laid-down provisions. In politics, “never” is a very dangerous word.

By the doctrine of separation of powers as contained in the constitution, the court has no business interfering with the impeachment process at this stage. The issue of bad faith raised by the author is emotional and baseless. The grounds of the impeachment are clearly stated. It is only in Nigeria you see this type of judicial abuse. When the head of the Judicial branch in the state is helplessly corrupt, this is what you get.

I was surprised to see that the court order restraining the Chief Judge was dated 16th January 2026. This is because on the day the Assembly commenced this current impeachment, a senior staff member of the Rivers State judiciary was quoted as a source in a news report that there was an existing order barring the Chief Judge. However, the order we saw was given yesterday. The judiciary is playing politics. The so-called Chief Judge of Rivers State has made himself a lawless servant of the governor and is bringing the judiciary to ridicule.

Ancestortinubu:
So you want him impeached? What is his offence? Wait oo have you ever think how nigeria can happen to your kids in the future? You can't continue eating agbadu all days of your life.

How does supporting Fubara's impeachment or not affects his future kids or otherwise? Please I want to know.

I don't support Fubara's impeachment, does that mean the future of my kids are now secured? If you care to explain please.

yarimo:
Some people just want to mislead FUBARA again with false hope of court, Mr FUBARA no court can stop any legislators from doing their constitutional duty

Why do u want to impeached an APC member.? A governor in that matter
U are not a loyalist

zoedew:
That is the Law on the authorities and the plain wordings of s.188 CFRN '99 (As Amended).

You cant tell me this is the law under the guise of your interpretation

The law did not stipulate any " Time" for halting the process ..its exclusively discretional to the judiciary

See its easy for anyone to interprete the law in accordance to our preference Buh above all " the law must sense"

Like the OP rightfully said, Rivers is not the 1st, court have halted impeachment process in states like ondo, edo and bayelsa

Impeachment motion in rivers was meant to be forwarded 7days as stipulated by the constitution Buh the Reps filed on day 8, as it not lapsed.

From the dated the motion is push on the house there is date n Time frame that must be adhere to .. i am not a lawyer buh my common sense is active

There is no arm of government that stop the others from performing their constitutional duties. The judiciary cannot give a restraining order stopping the impeachment. The role of the judiciary is after the impeachment has been finalized. The judiciary will look at whether all the procedures as laid down in section 188 of the Constitution were followed in the impeachment. Where a 'dot' was omiited, the judiciary can declare such impeachment null and void. The courts have voided several impeachments of governors and deputy governorz in Nigeria.