From the Chief Judge of Rivers State, Justice Simeon Amadi came a disappointing news for the FCT Minister, Nyesom Wike and his loyal 26 house of assembly members on Thursday, that their mission to impeach the state governor, Sim Fubara, and his deputy, Prof Ngozi Odu, cannot succeed.
What this means also is that the dream of the speaker, Martins Amaewhule, to succeed Fubara without going through an election has suffered a technical blow. Wike, Amaewhule and the other faithful servants of the FCT minister would have to return to the drawing board, if they must achieve their ambition which has received wide condemnations from across the country.
Ironically, it was Wike who appointed the judge judge, just before the end of his tenure as two-term governor of the state.
Wike may have expected that the chief judge would kow-tow like the loyal house of assembly members who have shown extreme submission to him, apparently because it was Wike who bought their nomination forms and also helped them to ascend the throne as legislators.
But the chief judge, in disappointing Wike, said he could not kow-tow because his hands were tied with legal ropes, especially because of a subsisting court injunction restraining him from setting up the probe panel as demanded by the legislators.
In the letter to the speaker, the chief judge said “reference is made to your two letters to my office, both dated 16th January, 2026 and received same date. To both letters, are attached voluminous documents on the subject-matters to wit:
“Request for the Chief Judge, my humble self, “to appoint seven (7) persons to investigate the allegations of gross misconduct against His Excellency, Sir Siminalayi Fubara, GSSRS, the Governor of Rivers State, pursuant to Section 188(5) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended)”; based on the resolution of the House of Assembly vide Section 188(4) of the Constitution.
“My office is also in receipt of two separate court orders of terim injunction issued on 16th January, 2026 in two suits namely:
1) Suit No.: OYHC/6/CS/2026 Her Excellency, Prof. (Ms.) Ngozi Nma Odu, DSSRS Vs the Rt. Hon. Martin Amaewhule, DSSRS (Speaker, Rivers State House of Assembly) & 32 Ors.
2) Suit No.: OYHC/7/CS/2026 His Excellency, Sir Siminalayi Fubara, GSSRS Vs the Rt. Hon. Martin Chike Amaewhule, DSSRS (Speaker, Rivers State House of Assembly) & 32 Ors. The Hon. Chief Judge of Rivers State is the 32nd Defendant/Respondent in the said suits. The said interim orders were served on my office on the same 16th January, 2026.
“For the avoidance of doubt, paragraph 1 of the said two orders state thus: “That an interim injunction is hereby made, restraining the 32nd Defendant, i.e., The Hon. Chief Judge of Rivers State from receiving, forwarding, considering and or howsoever acting on any request, resolution, articles of impeachment or other documents or communication from
“Constitutionalism and the Rule of Law are the bedrock of democracy and all persons and authorities are expected to obey subsisting orders of court of competent jurisdiction, irrespective of perception of its regularity or otherwise.
“Given the above scenario, our legal jurisprudence enjoins the parties to obey the order of interim injunction until it is set aside or the suit is finally determined. Case laws vindicate this position:
“In the case of HON. DELE ABIODUN VS. THE HON. CHIEF JUDGE OF KWARA STATE & 3 ORS. (2007) 18 NWLR, 109-169 is apposite. In that case, the Chief Judge of Kwara State who proceeded to set up 5-man panel to investigate the allegations levelled against the Appellant despite a subsisting restraining order of court and pending suit was roundly condemned in strong language and voided the entire proceedings. At page 165, the Court of Appeal in its judgment, descended on the Chief Judge as follows:-
“I liken the scenario created by the Chief Judge to the position of a chief priest and custodian of an oracle turning round to desecrate the oracle. The Chief Judge of the State who is the custodian and head of the judicial arm of the State, ought to abide by the Laws of the State, nay the land…”
Besides, the chief judge reminded the speaker that having also filed an appeal against the restraining order from the Port Harcourt High Court, “I was served with the Notices of Appeal on 19th and 20th instant. Attached herewith, are the said Notices of Appeal. By the doctrine of ‘lis pendens’, parties and the court have to await the outcome of the appeal.
“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.”
In urging the speaker to take heart, as he could not be of help, the chief judge said “it is hoped that the Rt. Hon. Speaker and the Honourable Members of the Rivers State House of Assembly will be magnanimous enough to appreciate the legal position of the matter.”
