Edith CHUKU
Under the 1999 Constitution of the Federal Republic of Nigeria (as amended), if the Rivers State House of Assembly succeeds in its plot to impeach the governor, Siminalayi Fubara, and his deputy, Prof. Ngozi Odu, the speaker, Martins Amaewhule, automatically becomes the next person in line to assume executive authority
This is to prevent a vacuum in executive authority and ensure continuity of governance within the state. But, Amaewhule would be required to resign as speaker and as a member of the assembly. Also, he would take the oath of office as governor, thereby completing the constitutional line of succession.
Fubara’s loyalists believe that Amaewhule’s alleged interest for the governorship position was behind the move to impeach Fubara and his deputy.
In 2023 and 2025 when same attempt was made, Fubara’s deputy was not targeted until the plenary on Thursday, where the deputy majority leader, Linda Stelwart presented a notice of gross misconduct against the Odu.
The deputy governor was accused of convincing to prevent the assembly from carrying out its legitimate function, not presenting the 2026 budget before the assembly and seizure of salary.
For the impeachment to be constitutionally valid, the chief judge would be expected to constitute a seven-member investigative panel to investigate the allegations against the governor and his deputy. Without the chief judge’s participation the assembly’s actions would be null and void.
The assembly, following allegation of gross misconduct against Fubara, activated Section 188 of the 1999 Constitution as amended, which is the commencement of impeachment proceedings.
The notice of gross misconduct which was signed by 26 members of the assembly was presented to the house by the majority leader, Rt. Hon. Major Jack.
Fubara was accused of withholding funds meant for the assembly and service commission.
Among other seven point allegations levelled against the governor were extra budgetary spending, flouting the Supreme Court judgement on financial autonomy of the assembly.
The speaker, Martins Amaewhule, who received the letter assured the house that he would forward same to the governor within the next seven days.
His words, “the majority leader has just laid before the house the notice of allegations of gross misconduct and this particular letter was signed by 26 members of the state house of assembly.
“I am now in receipt of this letter. I will ensure that this letter is forwarded to His Excellency, Sir Siminalayi Fubara, governor of Rivers State within seven days.”
Further, a motion not to receive budget from the governor until allegations are investigated thoroughly was moved.
