Legal hurdles, Assembly silence deepen Rivers impeachment uncertainty

Governor Siminalayi Fubara

• I remain gov despite impeachment move, Fubara insists
• Legal group asks CJ to step aside from impeachment process
• Ijaw group urges APC to protect gov from impeachment
• Wike absent as Tinubu returns to Abuja from Abu Dhabi trip

Rivers State’s political crisis appears to be entering a stalemate, as legal challenges to impeachment notices, silence from the House of Assembly and judicial complications raise doubts over the feasibility and timing of efforts to remove Governor Siminalayi Fubara from office.

Against this backdrop, Fubara has projected control and normalcy, dismissing his impeachment notice as a “love letter”. The Assembly has remained silent days after confirming that the Chief Judge of the state received and acknowledged official correspondence conveying notices of alleged gross misconduct against Governor Fubara and his deputy, Ngozi Odu.

The Guardian learnt that Odu has approached the court to challenge claims that she was duly served with the notice of allegations. Recall that following the Assembly’s sitting on January 8, notices of allegations against the governor and his deputy surfaced on social media, triggering widespread controversy. However, legal experts have faulted the mode of service, insisting that such notices must be personally served, except where a court grants approval for substituted service after being satisfied that personal service is impracticable. A legal practitioner, Living Jamala, said failure to properly serve impeachment notices renders subsequent steps procedurally defective.

“In legal procedure, once the service process is flawed, every other step taken thereafter is on shaky ground and not guaranteed,” Jamala said. Rivers State became politically charged on Friday after lawmakers briefed the media and vowed to proceed with impeachment proceedings. This followed a dramatic reversal by four lawmakers who had earlier called for a peaceful resolution of the political crisis between Governor Fubara and the legislature but later declared support for the impeachment move.

However, between Saturday and yesterday, the oil-rich state remained largely calm, with no further action or official statements from the Assembly.

Legal group asks chief judge to step aside from impeachment process
This came as the Association of Legislative Drafting and Advocacy Practitioners called on the Chief Judge of the High Court of Rivers State, Justice Simeon Chibuzor Amadi, to immediately recuse himself from any impeachment proceedings involving the state governor or risk being reported to the National Judicial Council.

In an open letter dated January 18, 2026, the association warned that it would initiate legal action and file a formal petition before the National Judicial Council if the Chief Judge entertains any impeachment notice from the Rivers State House of Assembly.

The Abuja-based legal body cited a petition allegedly written by the Assembly (against the Chief Judge) to the Department of State Services in March 2025, as grounds for possible bias.

The letter, titled “Recuse yourself immediately from considering any letter of notice of impeachment submitted by the Rivers State House of Assembly or face the National Judicial Council,” was signed by Dr Tonye Clinton Jaja, Executive Director of the Nigerian Law Society and former chairman of the governing board of the Nigerian Copyright Commission.

In the letter, Jaja said the association had resolved to commence both a lawsuit and a petition against the Chief Judge should he consider any impeachment notice from the Assembly.

“The major reason is that you are in a position of conflict of interest, and there is a strong likelihood of bias if you are to consider any letter of impeachment by this particular 10th Assembly of the Rivers State House of Assembly,” he said.

“In the light of the foregoing, the most noble and legitimate course of action is to recuse yourself and write to the Chief Justice of Nigeria to appoint a neutral Chief Judge of another state of Nigeria to oversee the panel to consider any purported letter of impeachment from the Rivers State House of Assembly,” the association said.

I remain Rivers gov despite impeachment move, Fubara insists
Speaking at the closing ceremony of a polo tournament in Port Harcourt at the weekend, Governor Fubara said he remains firmly in office.

“I am still the Governor of Rivers State. I will continue to do what we promised the people of Rivers State we will do,” he said. “I am happy you had your tournament in Rivers State and nothing happened. It shows that Rivers State is safe.” Fubara also lamented that political crises often coincide with major events in the state.

“Each time this tournament holds in Rivers State, there is always one political problem. In 2024, January was hell. In 2025, you know the drama. In 2026, I thought it would be the best, but they just landed me a love letter. Notwithstanding, we must move on and continue to support everyone who means well for Rivers State,” he added.

Analysing the situation, Jamala suggested that the lawmakers’ silence may be linked to a court order restraining the Chief Judge from receiving or acting on the Assembly’s request to set up a seven-man investigative panel for the impeachment process.

“From a legal standpoint, the law must be obeyed irrespective of circumstances,” he said. “We operate a constitutional democracy anchored on the rule of law. If a court issues an order, all parties are bound to obey it until it is set aside.” He added that while the Constitution empowers the Chief Judge to constitute an impeachment panel, it does not prescribe a mandatory timeframe for doing so.

“The Chief Judge may decide to wait. That waiting could last for two to three years. It is only after a panel is constituted that the Constitution prescribes a three-month period for the panel to submit its report. There is no compulsory timeline for constituting the panel itself,” Jamala said.

Ijaw group urges APC to protect Fubara from impeachment
Also, the Ijaw National Congress has urged the ruling All Progressives Congress and its leadership to take responsibility for protecting Rivers State Governor Siminalayi Fubara from possible impeachment.

The socio-cultural organisation warned that if the ongoing impeachment process against Fubara and his deputy, Ngozi Odu, over alleged “gross misconduct” by the state House of Assembly succeeds, it would be regarded as “a clear betrayal of the Ijaw Nation”.

Speaking with reporters at the weekend amid renewed moves by lawmakers to press ahead with the impeachment, the president of the Ijaw National Congress, Benjamin Okaba, called on the leadership of the APC to defend the governor from what he described as an unjust attempt to force him out of office.

“APC has a responsibility to defend Siminalayi Fubara,” Okaba said. He described the impeachment plot as “a case of vendetta” and insisted that it must not be allowed to succeed. “That is why the APC leadership must stand up to this threat,” he added.

Commenting on four lawmakers who had earlier proposed a political solution to the crisis in the state but later withdrew their position, Okaba said their conduct showed that “they have no integrity”.

“Some of these lawmakers in the Assembly are being cajoled to do what they are doing. It is very unfortunate,” he said. Recall that the Minority Leader, Sylvanus Nwankwo, alongside Peter Abbey (Degema Constituency), Barile Nwakoh (Khana Constituency I) and Emilia Amadi (Obio/Akpor Constituency II), had last week shifted their stance on the impeachment.

“We are begging and calling on our colleagues to reconsider our step and see how this matter can be resolved amicably, even though the governor and deputy governor have infringed on the constitution, but we are appealing to them to reconsider our stand,” Nwankwo had said.

However, the four lawmakers last Friday rejoined other members of the Assembly in backing the continuation of the impeachment process against the governor and his deputy.

Reacting to the reversal, Okaba said, “This attitude shows that the Assembly is made up of people who don’t have principles. Their attitude is to actualise a certain goal of an individual, which could be destructive to our democracy, peace and unity of our people.”

Wike absent as Tinubu returns to Abuja from Abu Dhabi trip

In a related development, the Minister of the Federal Capital Territory, Nyesom Wike, was absent on Saturday night as President Bola Tinubu returned to Abuja and was received by government officials at the Nnamdi Azikiwe International Airport.

The President returned after attending the 2026 Abu Dhabi Sustainability Week, where he witnessed the signing of a trade agreement between Nigeria and the United Arab Emirates.

Among those who welcomed the President were the Chief of Staff, Femi Gbajabiamila, the National Security Adviser, Nuhu Ribadu, and other senior officials.

However, Wike, who is usually part of the official delegation that receives the President on return from foreign trips, was not present. His absence has triggered concern among some residents of the Federal Capital Territory, particularly as he was also absent on Thursday when top government and military officials gathered in Abuja to honour Nigeria’s fallen heroes at the 2026 Armed Forces Celebration and Remembrance Day.

The yearly ceremony, held at the cenotaph of the Unknown Soldier at Eagle Square, Abuja, is a national event dedicated to commemorating officers and men of the Armed Forces who died in defence of the country, while also recognising the sacrifices of serving personnel, veterans and their families. It was gathered that while the President was away, Wike spent 17 days touring the 23 local councils of Rivers State before returning to Abuja.

Join Our Channels