- Your actions self-serving, govt accuses pro-Wike lawmakers
- Opposition legislators proclaim impeachment move invalid
- Reconsider another Ijaw man if Fubara is impeached, group urges Wike
The Rivers State House of Assembly has issued a notice accusing the state governor, Siminalayi Fubara, and his deputy, Ngozi Odu, of alleged misconduct.
Twenty-six members of the assembly made the misconduct allegation against Fubara in a notice sent to the Speaker, Martin Amaewhule, on Monday.
According to the lawmakers, their action follows “Section 188 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and other existing laws.”
They accused Fubara of several offences including reckless and unconstitutional spending of public funds, obstructing the Assembly’s activities, and appointing individuals to government positions without the required screening and confirmation.
Other allegations include withholding salaries, allowances and funds meant for the legitimate Rivers State House of Assembly, as well as seizing the salary of the Clerk, Emeka Amadi.
The lawmakers also accused Deputy Governor Ngozi Odu of “conniving and supporting the illegal appointment of persons to government positions without the required screening and confirmation.”
Upon receiving the notice, Amaewhule forwarded it to Fubara, stating that the allegations were raised by “not less than one-third (1/3) of the membership of the Rivers State House of Assembly.”
He then asked the governor to respond to the allegations, referencing Section 188(3) of the Constitution, which states, “Within 14 days of the presentation of the notice to the Speaker of the House of Assembly (whether or not any statement made by the holder of the office in reply to the allegation contained in the notice), the House of Assembly shall resolve by motion, without any debate, whether or not the allegation shall be investigated.”
Amaewhule also advised the governor to act accordingly and extended his “esteemed regards.”
Your actions self-serving, govt accuses pro-Wike lawmakers
Meanwhile, the Executive Arm of the Rivers State Government has accused the State House of Assembly of frustrating Governor Siminalayi Fubara’s efforts to implement the ruling of the Supreme Court on the state’s political crisis.
The Commissioner for Information, Joe Johnson, stated this on Monday in reaction to comments by the Chairman of the House of Assembly Committee on Information, Enemi Alabo-George, accusing Fubara of stalling the process.
Johnson stated that the Assembly has consistently refused to acknowledge correspondences from the governor, despite multiple attempts to engage with them.
He cited video evidence showing the government’s efforts to deliver official documents, which he said were deliberately ignored by the lawmakers.
Johnson further revealed that some of these correspondences had been made public through national newspapers.
He explained that the government cannot provide acknowledgment copies of the letters as challenged by Alabo-George because the documents were never received by the Assembly in the first place.
On the latest accusations of gross misconduct against the governor and his deputy, the commissioner said the executive arm was yet to receive any correspondence from the State Assembly.
He restated that Fubara has always been committed to peace and has demonstrated this by complying with a court ruling directing the transition of power from elected local government chairmen to Heads of Local Government Administrations.
He said the governor also indicated interest to implement the rest of the directives by the apex bank as soon as he receives the Certified True Copy of the judgment.
He said the Assembly, however, responded with hostility, by issuing ultimatums to the governor and the state electoral commission.
He described this move as a deliberate ploy to cause chaos and claimed that legal experts had also questioned its legitimacy.
Johnson also criticised the Assembly’s recent call for a probe into the Chief Judge, stating that their latest actions showed that their priorities were not in the interest of the state.
He said that the lawmakers’ actions from the onset had been self-serving, rather than focused on governance and the well-being of Rivers residents.
It’s a desperate ploy to create crisis in the state, say opposition lawmakers
Also, the Nigeria Opposition Lawmakers Coalition has dismissed the impeachment move against Fubara, describing it as an invalid attempt by pro-Wike lawmakers to avoid the presentation of the 2025 budget.
Reacting to the development, opposition lawmakers, through their spokesperson, Ikenga Ugochinyere, urged Rivers residents to ignore what they called “a desperate ploy” to create a crisis in the state.
“There is no valid impeachment notice against the governor, just a desperate strategy to distract from their unconstitutional refusal to accept the budget,” Ugochinyere said.
He accused pro-Wike lawmakers of attempting to divert attention from their failure to comply with a Supreme Court ruling that mandated them to receive the budget from the governor.
“There is still a valid court judgment barring them from any impeachment move. As long as that order stands, they can only dream of removing Fubara,” he added.
Ugochinyere further alleged that the lawmakers’ real motive was not the budget but to inflict hardship on the people of Rivers State.
“They dragged the state to the Supreme Court over the budget, and when they won, the governor complied and presented the budget. Yet, they ran away instead of receiving it. Their interest is not governance but ensuring Rivers people suffer,” he said.
The coalition also condemned the lawmakers for allegedly fabricating claims against the state Chief Judge in an effort to pressure him into supporting their impeachment attempt.
“They suddenly wake up from recess to commence a non-existent impeachment on the same grounds of budget presentation refusal when they are the ones avoiding the budget. Their ultimate goal is to install a Speaker loyal to Wike as governor, but that move is dead on arrival,” the statement read.
The lawmakers called on Rivers residents to remain calm, assuring that the impeachment attempt “will amount to nothing.”
Reconsider another Ijaw man if Fubara is impeached, group urges Wike
However, the Rivers Restoration Movement has appealed to the Minister of the Federal Capital Territory, Nyesom Wike, to reconsider supporting another Ijaw man as governor if Siminialayi Fubara is impeached.
The group, in a statement signed by the Director General, Johnson Georgewill, and Mrs. Sarima Akpata, Secretary, said that after conducting an in-depth study of the entire political situation, they stand 100% with the comments made by Minister Wike.
The group reiterated the minister’s comment, saying that when the law speaks, violence, threats, and unguarded statements cannot reverse the law.
The group also noted that if the governor of any state commits an impeachable offense, the House of Assembly of that state can commence the process of impeachment as enshrined in Section 188 of the Nigerian Constitution.
Furthermore, the RRM pointed out that apart from Bayelsa State, the Ijaws cannot single-handedly produce a governor in states like Delta, Edo, Ondo, Akwa Ibom, or Rivers.
The group believes that Governor Fubara has committed several impeachable offenses, and if the Rivers State House of Assembly decides to initiate impeachment proceedings, Minister Wike should consider another Ijaw man as governor to complete the tenure of the Ijaws in Rivers State.
They claimed that the appeal is based on the principles of equity, fairness, and justice, considering the Ijaw people’s interest in the governorship position.
How a governor can be impeached in Nigeria
Impeaching a state governor in Nigeria is a constitutional process designed to uphold accountability while preventing arbitrary removal.
However, political influences often play a role.
Outlined in Section 188 of the 1999 Constitution, the process begins when at least one-third of the State House of Assembly members sign a notice of allegation, which is then presented to the Speaker and served to the governor.
The governor has the right to respond, after which the House votes on whether to proceed.
A two-thirds majority is required to advance the case.
If approved, the Chief Judge appoints a seven-member panel of individuals with unquestionable integrity to investigate. If the panel finds the allegations unproven, the process ends.
However, if the charges hold, the Assembly votes again. A two-thirds majority vote results in the governor’s removal.
Though constitutionally protected, the impeachment process has often been marred by political interference, with some impeachments later overturned by the courts due to procedural flaws.
Below is the step-by-step process of impeaching a governor in Nigeria:
Step 1: Notice of allegation
A written notice containing allegations of gross misconduct against the governor must be signed by at least one-third of the members of the State House of Assembly.
This notice is then presented to the Speaker of the State House of Assembly.
Step 2: Serving the notice
Within seven days of receiving the notice, the Speaker must serve a copy of the allegation to the governor and each member of the State House of Assembly.
Step 3: Governor’s right to respond
The governor has the right to respond to the allegations, though they may choose not to. Any response must be sent to all members of the State House of Assembly.
Step 4: Initial assembly vote
Within 14 days of presenting the notice, the State House of Assembly must pass a motion, without debate, on whether the allegations should be investigated. For the motion to succeed, it must be supported by at least a two-thirds majority of all members of the House.
Step 5: Formation of an investigative panel
If the motion fails to secure a two-thirds majority, the impeachment process stops immediately. However, if the motion is passed, the Speaker must, within seven days, request the Chief Judge of the state to appoint a seven-member panel to investigate the allegations. The panel members must be persons of unquestionable integrity and must not belong to any public service, legislative house, or political party.
Step 6: Investigation and governor’s defence
The panel must conduct its investigation and submit its report within three months of its appointment. During the proceedings, the governor has the right to defend themselves and can be represented by legal practitioners of their choice.
Step 7: Panel’s findings
The panel has the authority to conduct its investigation based on the procedures set by the State House of Assembly. Upon concluding its inquiry, it must submit its findings to the State House of Assembly within three months.
Step 8: Consideration of the report
If the panel finds that the allegations against the governor are unproven, the impeachment process is terminated, and no further action is taken. However, if the panel concludes that the allegations are valid, the State House of Assembly will review the report, and a resolution for its adoption will be moved.
Step 9: Final vote for removal
For the resolution to be adopted, it must be approved by at least a two-thirds majority of all members of the State House of Assembly. Once adopted, the governor is officially removed from office as of the date of adoption.
Step 10: Legal restrictions
The proceedings and determinations of the panel or the State House of Assembly regarding impeachment cannot be challenged or reviewed in any court.
Step 11: Definition of gross misconduct
Under this section, “gross misconduct” refers to a serious violation or breach of the Constitution or any act considered by the State House of Assembly to be of such a severe nature that it qualifies as gross misconduct.
