A major constitutional clash is unfolding in Rivers State as the legislative arm has openly defied a judicial order to halt the impeachment proceedings against the state governor.
Assembly Dismisses Court Injunction
The Rivers State House of Assembly has firmly rejected an interim injunction issued by the state High Court, which aimed to stop the impeachment process against Governor Siminalayi Fubara and his deputy, Ngozi Odu. The court order, granted on Friday, specifically restrained the Speaker, Martin Amaewhule, and the Clerk of the House from sending any correspondence to the Chief Judge of Rivers State to advance the impeachment.
Furthermore, the injunction barred the Chief Judge, Justice Simeon Amadi, from taking any steps toward constituting an investigative panel or acting on the impeachment process until a further hearing is conducted.
Constitutional Grounds for Defiance
Addressing journalists, the Assembly's spokesman, Enemi George, stated that the House was not aware of any such court order. More significantly, he argued that the court overstepped its authority. He cited Section 188(10) of the Nigerian Constitution, which he claims prohibits judicial interference in the impeachment process of a governor.
"The House is not aware of any court order. However, if you read section 188(10), the court has no power to intervene in the impeachment process," George asserted. He maintained that the constitutional provision clearly outlines the impeachment procedure as a legislative function, insulating it from judicial intervention at this stage.
Implications and Next Steps
This bold declaration sets the stage for a significant power struggle between two arms of government in Rivers State. The Assembly's insistence that the impeachment process will continue unaffected by the court order creates a precarious situation. It raises urgent questions about the rule of law and the separation of powers.
The key points of contention now are:
- The interpretation of Section 188 of the Constitution regarding judicial oversight.
- The potential for a constitutional crisis if the Assembly proceeds while the court order stands.
- The next legal moves available to both the governor's camp and the legislative house.
This standoff ensures that the political temperature in Rivers State will remain high in the coming days, with all eyes on whether the legislature will formally initiate the next steps of the impeachment or if a higher court will be called upon to resolve the impasse.
