The Chief Judge of Rivers State, Justice Simeon Amadi, has refused to constitute a judicial panel to investigate Governor Siminalayi Fubara and his deputy, Professor Ngozi Odu, citing two court orders that bar him from acting on any requests to set up such a panel.
The Rivers State House of Assembly had written to the Chief Judge requesting the formation of a seven-member panel to probe allegations of gross misconduct against the governor and his deputy.
In a letter dated January 20 and addressed to Speaker Martins Amaewhule, Justice Amadi said the court orders, served on his office on January 16, 2026, prevent him from receiving, forwarding, or considering any related requests.
He emphasised that constitutionalism and the rule of law require all authorities to comply with subsisting court orders, regardless of their views on the validity of the orders.
Justice Amadi referenced a 2007 case in Kwara State, where the Chief Judge was criticised for ignoring a restraining court order when establishing an investigative panel, a decision later overturned by the Court of Appeal.
He further observed that the Speaker has already filed an appeal against the court orders at the Court of Appeal, adding another layer to the ongoing legal proceedings surrounding the allegations.
“By the doctrine of ‘lis pendens’, parties and the court have to await the outcome of the appeal,” he said.
Justice Amadi further stated that the existence of the injunctions and the pending appeal had effectively tied his hands.
“In view of the foregoing, my hand is fettered, as there are subsisting interim orders of injunction and appeal against the said orders. I am therefore legally disabled at this point from exercising my duties under Section 188(5) of the Constitution in the instant,” he said.
The chief judge appealed to the lawmakers to recognise the legal constraints surrounding the matter.
Justice Amadi, therefore, urged the state assembly to be “magnanimous enough to appreciate the legal position of the matter.”
The legal constraints stem from an interim order issued by the Rivers State High Court in Port Harcourt, presided over by Justice Florence A. Fiberesima, which temporarily restrained the Speaker, other Assembly officials, and the Chief Judge from acting on any impeachment notices or constituting a panel to investigate the governor and deputy governor.
The order followed ex parte motions filed by Governor Fubara and Deputy Governor Odu, with the court granting leave to serve the order and associated legal processes on the defendants through the High Court complex.
Meanwhile, the House of Assembly has insisted it will continue with impeachment proceedings, citing the governor’s refusal to present a supplementary 2025 budget as a source of tension between the executive and the legislature.
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The Special Assistant on Political Affairs to Governor Fubara, Darlington Oji, explained that the governor considered the state’s ₦600 billion account sufficient for ongoing operations and planned to address any additional needs in the 2026 budget.
The impeachment initiative has also faced internal divisions. Four lawmakers who initially opposed the process, advocating for dialogue and peaceful resolution, later withdrew their objections and expressed support for continuing the impeachment.
Legal analysts, including Karibi George, have raised questions over whether the governor was properly served with impeachment notices in accordance with constitutional requirements, noting that personal service is mandated.
George suggested that neutral mediation bodies such as the Pan Niger Delta Forum and the Rivers State Council of Traditional Rulers could provide a pathway for resolving the dispute peacefully.
The situation leaves the impeachment process in a complex legal and political limbo, with the House of Assembly asserting its intent to proceed while the judiciary maintains that no panel can be constituted under existing court orders.