Court adjourns Fubara impeachment suit indefinitely as appeals, injunctions stall process

Christian George
4 Min Read

An Oyigbo High Court sitting in Port Harcourt, Rivers State, has adjourned indefinitely the suit instituted by Governor Siminalayi Fubara and his deputy, Ngozi Odu, challenging the impeachment proceedings commenced against them by the Rivers State House of Assembly.

Justice Florence Fiberesima ordered the indefinite adjournment after being informed that two separate appeals had been lodged in connection with the matter.

The court held that proceedings should be halted to allow the Court of Appeal to first resolve the issues raised before it.

At the resumed sitting, counsel to the Speaker of the House of Assembly, Martin Amaewhule, and 27 lawmakers, S.I. Amen (SAN), informed the court of the pending appeals and made an oral application for a stay of proceedings.

The application was not opposed by counsel to the claimants, Paul Orikoro (SAN), nor by Lawrence Oko-Jaja (SAN), who represents Victor Oko-Jumbo, Orubienimigha Timothy, and Sokari Goodboy, who are also defendants in the case.

Following this development, Justice Fiberesima adjourned the suit sine die, pending the determination of the appeals.

The adjournment follows an earlier interim injunction granted by the same court, which restrained the Speaker, Martin Amaewhule, some lawmakers, the Clerk of the House, and the Chief Judge of the state from taking further steps toward the impeachment of the governor and his deputy.

The injunction specifically barred the transmission or consideration of impeachment notices or related documents aimed at setting up an investigative panel over allegations of gross misconduct.

Meanwhile, the Chief Judge of Rivers State, Justice Simeon C. Amadi, has declined a request by the Rivers State House of Assembly to constitute a seven-member investigative panel to probe allegations of gross misconduct against Governor Siminalayi Fubara and his deputy, Ngozi Nma-Odu, citing existing court orders and a pending appeal.

Justice Amadi’s decision was conveyed in a formal letter to the Speaker of the Rivers State House of Assembly, Martin Amaewhule, acknowledging receipt of two separate requests from the legislature dated January 16, 2026.

The requests were made pursuant to Sections 188(4) and 188(5) of the 1999 Constitution (as amended), following resolutions of the House to commence impeachment proceedings against the governor and his deputy.
But he said, “By the doctrine of ‘lis pendens’, parties and the court have to await the outcome of the appeal,” the letter read in part.

“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.”

According to the Chief Judge, the Assembly’s requests were accompanied by extensive documentation, including copies of the notice of allegations of gross misconduct, the Rivers State Impeachment Panel (Conduct of Investigations) Procedure, 2025, and relevant newspaper publications.

However, Justice Amadi disclosed that his office had earlier been served with two interim injunctions issued by the Rivers State High Court sitting in Oyigbo on January 16, 2026.
The suits—OYHC/6/CS/2026 filed by the Deputy Governor and OYHC/7/CS/2026 filed by Governor Siminalayi Fubara—listed the Speaker and 32 others as defendants, with the Chief Judge named as the 32nd defendant.

The interim orders expressly restrain the Chief Judge from “receiving, forwarding, considering or howsoever acting on any request, resolution, articles of impeachment or other communication” from the House of Assembly in relation to the impeachment process for a period of seven days. Certified true copies of the court orders were attached to the correspondence.

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