By Yusuf Danjuma Yunusa

The Chief Judge of Rivers State, Hon. Justice Simeon C. Amadi, has stated that he is legally restrained from constituting a seven-member panel to investigate allegations of gross misconduct against Governor Sir Siminalayi Fubara and Deputy Governor Prof. Ngozi Nma Odu.

The statement is contained in a letter addressed to the Speaker of the Rivers State House of Assembly, Rt. Hon. Martin Chike Amaewhule, dated January 20, 2026.

In the letter, Justice Amadi referred to two letters from the House of Assembly, both dated January 16, 2026, which requested him “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).”

The requests were based on resolutions of the House pursuant to Section 188(4) of the Constitution.

A similar request was made regarding the Deputy Governor, Prof. Ngozi Nma Odu, in the same language and effect, according to the Chief Judge.

Justice Amadi revealed that his office had also received two separate court orders of interim injunction on January 16, 2026 in two suits:

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 and 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 Chief Judge is listed as the 32nd Defendant/Respondent in both suits, and the interim orders were served on his office on January 16.

Justice Amadi cited paragraph 1 of the orders, which reads: “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 the 1st-27th and 31st Defendants for the purpose of constituting a panel to investigate the purported allegations of misconduct of the Claimant/Applicant for seven days.”

Attached to his letter were certified true copies of the court orders. Justice Amadi emphasized the importance of constitutionalism and the rule of law, noting that “all persons and authorities are expected to obey subsisting orders of court of competent jurisdiction, irrespective of perception of its regularity or otherwise.”

The Chief Judge also referenced case law in support of his position, citing Hon. Dele Abiodun vs. The Hon. Chief Judge of Kwara State & 3 Ors. (2007) 18 NWLR, 109-169, in which the Court of Appeal condemned a Chief Judge for constituting a panel to investigate allegations against an appellant despite a subsisting restraining order.

The court warned, “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…”

Justice Amadi added that the Speaker of the House has already filed an appeal against the interim orders at the Court of Appeal, Port Harcourt Division, with notices served on 19th and 20th January. He explained that under the doctrine of lis pendens, “parties and the court have to await the outcome of the appeal.”

He concluded that, due to the subsisting interim orders and pending appeal, his “hand is fettered” and he is “legally disabled at this point from exercising my duties under Section 188(5) of the Constitution in the instant.”

Justice Amadi urged the Rivers State House of Assembly to “be magnanimous enough to appreciate the legal position of the matter.”

The Assembly had sought the establishment of a seven-member panel to probe Governor Fubara and his deputy, Ngozi Odu, regarding allegations of gross misconduct.

The allegations include the demolition of the Assembly complex, extra-budgetary spending, withholding of funds meant for the Assembly Service Commission, and alleged refusal to comply with a Supreme Court ruling on the financial autonomy of the legislature.

The House commenced the impeachment proceedings days after the Minister of the Federal Capital Territory, Nyesom Wike, accused the governor of reneging on a peace agreement brokered by President Bola Tinubu in 2025.

Consequently, the impeachment proceedings have been halted by the judiciary, creating a tense political deadlock in the state. The path forward now depends on either a resolution of the pending court case or a new legal strategy by the State Assembly.