Rivers Assembly Commences Impeachment Of Fubara, Deputy

*Accuses Them Of Misconduct, Issues Notice

*State Govt Urges Re-think, Says A Stitch In Time Saves Nine

*Federal High Court Resumes Hearing, To Rule On Lawmakers’ Defection April 16

THE Rivers State House of Assembly has issued a notice accusing Governor Siminalayi Fubara, and his Deputy, Mrs. Ngozi Odu, of alleged misconduct.
In a notice signed by 26 members of the assembly sent to the Speaker, Martin Amaewhule, on Monday, March 17, the lawmakers hinged their action on Section 188 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and other existing laws, accusing the governor of several offences, including reckless and unconstitutional spending of public funds, obstructing the Assembly’s activities, appointing individuals to government positions without the required screening and confirmation, withholding salaries, allowances and funds meant for the legitimate Rivers State House of Assembly and seizing the salary of the Clerk, Mr. Emeka Amadi.
They also accused the deputy governor of “conniving and supporting the illegal appointment of persons to government positions without the required screening and confirmation.”
After receiving the notice, Amaewhule forwarded same to Fubara, stating that the allegations were raised by “not less than one-third (1/3) of the membership of the Rivers State House of Assembly” and asking the governor to respond to the allegations, “within 14 days of the presentation of the notice to the Speaker of the House of Assembly (whether or not any statement made by the holder of the office in reply to the allegation contained in the notice), the House of Assembly shall resolve by motion, without any debate, whether or not the allegation shall be investigated,” as stated in Section 188(3) of the 1999 Constitution, urging him to act accordingly.
A press statement by his media aide, Mr. Martins Wachukwu, said in compliance with Section 188 of the Constitution of the Federal Republic of Nigeria, 1999, as amended, the Speaker at the House 137th Legislative Sitting, on Monday, announced that he was in receipt of a Notice of Allegation of Gross misconduct signed by 26 members against Fubara Odu, wherein they listed five grounds of gross misconduct against the governor and three grounds of gross misconduct against his deputy, with accompanying particulars.
“The Speaker said he received the notice on the 14th of March, 2025, and in line Section 188 of the Constitution, he has done the needful by distributing them to Members and forwarding them to the holders of the office.
“But to be sure that the governor and his deputy become aware of the notice, in the event that the letters were not received, the House resolved, through a motion, that the notice be published in at least three national dailies.”
In its reaction, the state government, in a statement by the Commissioner for Information and Communications, Mr. Warisenibo Joe Johnson, recalled that “to pave the way for rapprochement for the smooth operations of the Executive and Legislative arms of government, the governor, through a letter by the Secretary to the State Government (SSG), Chief Tammy Wenike Danagogo, invited the Martins Amaewhule-led RSHA to the Government House for a meeting, intended to, among other things, discuss issues, such as the 2025 budget re-representation, payment of accumulated arrears of the legislators’ salaries and allowances and arrangement to provide a more suitable venue for the conduct of legislative businesses of the House.
“To the surprise of every right-thinking person, members of the RSHA rebuffed the governor’s invitation cum overture, even chiding him for routing the letter through the SSG.
“It is on record that the SSG, by his status, is in a position to issue or originate such administrative correspondence on behalf of the state Chief Executive.
“In his characteristic manner of humility, simplicity and sincerity of purpose, Fubara personally issued and signed a letter addressed to Amaewhule, formally notifying him and unambiguously indicating his intention to come before the members of the Legislature to lay the 2025 budget before them on Wednesday, March 12, 2025, for consideration.
“He followed this up by making phone calls to the Speaker.”
Johnson added: “Sadly, Fubara, accompanied by government officials, was denied access to the Legislative Quarters where the RSHA members currently hold their sitting on the appointed day, Wednesday, March 12, 2025.
“He had to adjust his itinerary for the commissioning of the remodeled Zonal Hospital, Bori, headquarters of Khana LGA, to keep faith with that appointment.
“It is worrisome to hear the lawmakers alleging that Fubara did not communicate properly, falsely claiming that his letter to them was only read on social media! Haba!!”
According to him: “Just last Friday, March 14, 2025, Fubara, in keeping with his resolve to do the needful, sent another letter personally signed by him to Amaewhule, again to notify him and members of the RSHA under his leadership, indicating his plan to come to re-present the 2025 budget to them on Wednesday, March 19, 2025, or any other day that may be convenient to the House, in compliance with the Supreme Court verdict, to keep the wheel of government of the state running.
“In a letter, dated 13th March 2025, Fubara again requested to present the budget to the Assembly on Wednesday, 19th March 2025, or on any other date within March 2025 that you may consider convenient.
“Regrettably, the staff of the Assembly refused to receive and acknowledge the letter. A courier company that was engaged to deliver the letter also returned it, with a report that it was rejected at the Assembly Quarters where the members currently sit.
“Yet, the narrative from the Rivers State House of Assembly is that the governor has refused to present the budget.
“Although it is tempting to ignore false narratives on social media that Fubara has refused to take steps to present the budget to the Assembly, we cannot ignore the press briefing by the Chairman of the House Committee on Information, Dr. Enemi George, alleging that the governor is frustrating the implementation of the Supreme Court’s judgment, particularly the directive requiring him to re-present the 2025 Appropriate Bill to the lawmakers.
“Following the refusal by the Assembly to receive and acknowledge the governor’s letter, delivered by government officials and a courier company, the Rivers State Government took the initiative of publishing the letter in two national dailies- The Nation and The Guardian- on Friday, the 14th of March, 2025.
“It would be uncharitable to claim that the governor’s letter was published on social media and not formally delivered to the Assembly.
“George also challenged the governor to produce an acknowledgment copy of the letter under reference. We cannot produce an acknowledgment copy, because the Assembly rejected the letter from the governor. We can, however, refer all parties to the substituted means of service in The Nation and The Guardian.
“The Rivers State governor is acting in good faith, notwithstanding that false narratives are being peddled by the same people frustrating compliance with the judgment of the court.
“To the chagrin of all right-thinking persons, the Assembly members announced that it was proceeding on vacation, and Legislative activities adjourned sine die!”
The commissioner stated that it was glaringly clear that with the current actions of the House, the dire consequences and harsh realities that the civil servants, retirees and people of the state would face unimaginable economic hardships, as the government would be unable to pay salaries, pensions and other emoluments, as well as perform other obligations at the end of the month, as both the Central Bank of Nigeria (CBN) and the Accountant General of the Federation have been ordered to withhold revenue allocations to the state until the apex court judgment is fully implemented.
“The collateral damages of the actions of the legislative arm of government in Rivers will be so severe, as the non-release of warehoused revenues due the state from the Federation Account will ultimately ground the operation of all sectors of the government.”
While appealling to the lawmakers for a re-think, the commissioner said: “Instead of embarking on a futile image laundry by members of the RSHA by wrongly claiming that Fubara, who by all intents and purposes, is prepared, willing and ready to re-present the 2025 budget and carry out full implementation of all aspects of the judgment for the sake of peace, is being misrepresented and painted in bad colour as not ready to comply with the judgment.
“Should this opportunity to pull the state from the precipice fail, the people and residents of the state, without exception, are bound to suffer avoidable calamities of economic, social and political upheavals that might sink us deeper into unimaginable crises.
“A stitch in time, they say, saves nine.”
A few days after the Friday, February 28, 2025, shocking judgment of the Supreme Court on the consolidated cases touching on the seizure of federation revenue allocation due the state, annulment of the credible, free, fair, and peaceful Local Government elections of Saturday, October 5, 2024, re-presentation of the 2025 budget to the Rt. Hon. Martin Amaewhule-led Rivers State House of Assembly and the most contentious defection issue (which was never before the Apex Court, but surprisingly vaguely touched by the learned jurists of the 5-man panel), Governor Siminalayi Fubara has never left anyone in doubt about his preparedness not only to obey, but fully implement the Supreme Court judgment, no matter the unfortunate and unfavourable outcome.

Assembly’s Allegations Against Fubara

1. “That His Excellency, Sir Siminalayi Fubara GSSRS, Governor of Rivers State refused to present the Rivers State Appropriation Bill, 2024 to the Rivers State House of Assembly contrary to Section 121(1)(2) of the Constitution and disobeyed the order of the Federal High Court in Suit no. FHC/ABJ/CS/1613/2023 which declared that “thus as it stands in law, no Appropriation Bill of Rivers State has been presented neither has any of such Bill being passed into law as the purported presentation, passage and signing into law of the Appropriation Bill 2024 of Rivers State is void ab initio” and ordered him to present the Appropriation Bill 2024 to the House.
2. “That His Excellency, Sir Siminalayi Fubara GSSRS, Governor of Rivers State authorised or approved withdrawals from the Consolidated Revenue Fund of Rivers State in the 2024 financial year of Rivers State without an appropriation law duly passed by the Rivers State House of Assembly contrary to Section 120 of the Constitution.
3. “That His Excellency, Sir Siminalayi Fubara GSSRS, Governor of Rivers State violated Section 122 of the Constitution by authorising expenditures from the Consolidated Revenue Fund of Rivers State even after the Rivers State House of Assembly declared a shutdown on Rivers State Government expenditure in a resolution passed at the 4′ Legislative day of the Second Session of the 10th Rivers State House of Assembly which held on Monday, the 15 day of July 2024, thereby relegating the constitutional resolution passed by the House to the background.
4. “That on Friday the 28th of February 2025, the Supreme Court of Nigeria before their Lordships Uwani Musa Abba Aji JSC, Ibrahim Mohanned Musa Saulawa JSC, Emmanuel Akomaye Agim JSC, Chioma Egondu Nwosu-Iheme JSC and Jamilu Yammama Tukur JSC in Suit no. SC/CV/1174/2024 restored the kudgment of the Federal High Court in Suit No. FHC/ABJ/CS/984/2024 which confirmed that Sir Siminalayi Fubara GSSRS, Governor of Rivers State never presented an Appropriation Bill for 2024, still does not have an Appropriation Law for 2025 so, ordered that “the Central Bank of Nigeria and the Accountant General of the Federation should forthwith stop releasing and paying to the Government of Rivers State, its organs, departments and officials any money belonging to Rivers State until an Appropriation law is made by Rivers State House of Assembly constituted as prescribed by the 1999 Constitution”.
5. “Hindering or obstructing the Rivers State House of Assembly which is another arm of government protected by the Constitution of the Federal Republic of Nigeria, 1999 (as amended) from performing her constitutional duties.
6. “That His Excellency, Sir Siminalayi Fubara GSSRS ordered and personally supervised the demolition of the Rivers State House of Assembly Hallowed Chamber and Auditorium at the Rivers State House of Assembly Complex, Moscow Road, Port Harcourt on the 13th day of December 2023. This action was in contravention of the ex parte order of the Federal High Court in Suit No.: FHC/ABJ/CS/1613/2013 issued on the 30* of November 2023 which declared “that the Rivers State House of Assembly is a constitutional institution that needs to be preserved pending the determination of the Motion on Notice dated and filled 29th November, 2023.”
7. “That the judgelment delivered on the 220d of January 2024 in favour of the Rivers State House of Assembly where the presiding judge-Justice J.K Omotosho in Suit No.: FHC/ABJ/CS/1613/2013 condemned the act of demolition and stated that “this court finds it strange that the 11th defendant as Chief Executive of the State would go to the extent of stopping the authentic House of Assembly from sitting through devious means such as destroying the House of Assembly Complex” is noteworthy.
8. “That the Supreme Court in Suit No.: SC/CV/1174/2024 delivered on the 28 of February 2025 took judicial notice of the illegal demolition and condemned the action of the Governor of Rivers State wherein it was stated that “surprisingly on 13-12-23, in gross violation of the subsisting Order of the trial court, the appellant demolished Rivers State House of Assembly complex at Moscow Road and secretly arranged four members of the 15 Respondent led by Rt. Hon, Ehie Ogerenye Edison to a place outside the premises of the said House of Assembly and held a sham sitting of the 1s Respondent”.
9. “Appointment of persons to occupy offices/positions in the Rivers
   State Government without allowing for the requirement of screening and confirmation as prescribed by the Constitution of the Federal Republic of Nigeria, 1999 (as amended), other extant laws but making the request for screening to persons other than the legitimate Rivers State House of Assembly.
10. “That His Excellency, Sir Siminalayi Fubara GSSRS, Governor of Rivers State made several appointments which are in contempt of the Order of the Federal High Court in a Judgement delivered in Suit No.: FHC/ABJ/CS/1613/2023 that prohibited him from dealing with any other persons or House other than the Rivers State House of Assembly under the leadership of Rt. Hon. Martin Chike Amaewhule as Speaker.
    This judgement which was upheld by the Court of Appeal and the Supreme Court stated among other things that “AN ORDER is hereby made restraining the 11th Defendant from howsoever or in whatsoever manner making any request, presentation or nomination to the Rivers State House of Assembly except to the Rivers State House of Assembly under the leadership of the 2d Plaintiff as Speaker”.
11. “That His Excellency, Sir Siminalayi Fubara GSSRS, Governor of Rivers State failed to forward the name of a nominee for appointment as Attorney-General and Commissioner for Justice in line with Section 192(2) & (6) as well as Section 195(1) of the 1999 Constitution as amended to the legitimate Rivers State House of Assembly as declared by the Judgement of the Federal High Court in FHC/ABJ/CS/1613/2023 but chose to announce one Mr. Dagogo Iboroma to assume the said position.
12. “That His Excellency, Sir Siminalayi Fubara GSSRS illegally swore-in several other persons who were purportedly confirmed by certain individuals for appointment into the Rivers State Executive Council on Tuesday 21st May, 2024 namely- Prince Charles O. Beke; Collins Onunwo; Solomon Eke; Peter Medee; Elloka Tasie-Amadi; Basoene Joshua Benibo; Tambari Sydney Gbara and Ovy Orluideye Chinendum Chukwuma without screening and confirmation by the Rivers State House of Assembly in full compliance with Section 192(2) & (6) of the 1999 Constitution as amended. Others who were sworn in on Tuesday 13th of August 2024 are Illamu Arugu; Rowland Obed Whyte; Samuel Anya; Samuel Eyiba and Austin Emeka Nnadozie while Israel Ngbuelu; Evans Bipi; Otamiri Ngubo and Benibo Alabraba were sworn in on Monday 7th October 2024. Emmanuel Frank-Fubara was sworn-in on the 8th of July 2024 amounting to a total number of 19 persons parading themselves and misleading Rivers people that they are Commissioners with your tacit approval.
13. “That His Excellency, Sir Siminalayi Fubara GSSRS, Governor of Rivers State illegally swore-in Mr. Lawrence Oko-Jaja as Chairman; Earnest Ibekwe Ekwe; Mina Ogbanga; Iseleye Amachree and Adokiye Oyagiri as members of the Rivers State Bureau on Public Procurement on Friday 30th of August 2024 without screening and confirmation by the legitimate Rivers State House of Assembly as stipulated in Section 4(a) of the Rivers State Public Procurement Law No. 4 of 2008. Others are Gift Alex-Hart; Grace Osaronu and Selinah Amonieah as members.
14. “That His Excellency, Sir Siminalayi Fubara GSSRS, Governor of Rivers State engaged Mr. Goodlife Ben as Chairman; Emmanuel Jaja; Betty Warmate; Jerome Chimenem; Prince Ohochukwu; Philip Okparaji and Christian Amadi as members of the Rivers State Local Government Service Commission without screening and confirmation by the legitimate Rivers State House of Assembly contrary to Section 44(3) of the Rivers State Local Government Law No. 5 of 2018.
15. “That His Excellency, Sir Siminalayi Fubara GSSRS, Governor of Rivers State made the illegal appointments and refused to rescind his actions even after several letters were sent to him and published in the electronic and print media following resolutions of the house.
16. “His Excellency, Sir Siminalayi Fubara GSSRS, Governor of Rivers State seized salaries of some members of the Rivers State House of Assembly which were hitherto paid monthly from the Ministry of Finance of Rivers State. The month of April, 2024 was the last time monthly salaries were paid to Rt. Hon. Martin Chike Amaewhule; Rt. Hon. Dumle Maol; Hon. Major Jack; Hon. Franklin Uchenna Nwabochi; Hon. Christopher Ofiks Kagbang; Hon. Azeru Opara and Hon. Enemi Alabo George. Others in the same fate are Hon. Granville Tekenari Wellington; Hon. Solomon Wami; Hon. Bernard Mgbar; Hon. John Dominic Iderima; Hon. Queen Uwuma Tony Williams and Hon. Lolo Isaiah Opuende. Hon. Peter Abbey; Hon. Igwe-Obey Aforji; Hon. Justina Emeji; Hon. Ignatius Onwuka; Hon. Chimezie Nwankwo; Hon. Lemchi Prince Nyeche as well as Hon. Barile Nwakoh; Hon. Emilia Lucky Amadi;Hon. Nkemjika Ezekwe; Hon. Davids Arnold Okobiriari; Hon. Sylvanus Nwankwo and Hon. Gerald Oforji are also affected.
17. “His Excellency, Sir Siminalayi Fubara GSSRS, Governor of Rivers State seized funds standing to the credit of the Rivers State House of Asembly since the month of April 2024 in a bid to frustrate the House and cripple her activities as well as relegate the Judgement of the Federal High Court in Suit No.: FHC/ABJ/CS/1613/2023 to the background.
    The judgement stated that ” AN ORDER OF INJUNCTION is hereby granted restraining the Governor of Rivers State (the 11th Defendant) whether by himself or his servants or agents and/or the executive arm of the Government of Rivers state, including the 12th, 13th and 14th Defendants (by themselves individually or collectively), or by their servants or subordinates from withholding any amount standing to the credit of Rivers State House of Assembly in Consolidated Revenue Fund of Rivers State including salaries and emoluments due and payable to the Speaker, Deputy Speaker, and other members of staff of the House or in any manner whatsoever denying the Rivers State House of Assembly of the due fund for running its affairs including the payment of salaries, allowances, emoluments and meeting its financial obligations no matter how described.”
18. “His Excellency, Sir Siminalayi Fubara GSSRS, Governor of Rivers State illegally withheld the salary of the Clerk of the Rivers State House of Assembly contrary to the Judgement of the Federal High Court in Suit No.: FHC/ABJ/CS/1613/2023 which stated that ” AN ORDER OF INJUNCTION is hereby granted restraining the Governor of Rivers State (the 11h Defendant) whether by himself or his servants or agents and/or the executive arm of the Government of rivers state, including the 12th, 13th and 14th Defendants (by themselves individually or collectively), or by their servants or subordinates from withholding any amount standing to the credit of Rivers State House of Assembly in Consolidated Revenue Fund of Rivers State including salaries and emoluments due and payable to the Speaker, Deputy Speaker, and other members of staff of the House or in any manner whatsoever denying the Rivers State House of Assembly of the due fund for running its affairs including the payment of salaries, allowances, emoluments and meeting its financial obligations no matter how described.”
19. “Mr. Speaker, we conclude by stating that the Governor has shown that he is not prepared to govern Rivers State in line with the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and his oath of office. The Supreme Court in Suit No.: SC/CV/1174/2024 condemned his actions when it stated that “the 8th respondents fear of impeachment by the House of Assembly is no justification for his attacks on the House of Assembly, the Constitution, the Government of Rivers State and the rule of law. Political disagreements cannot justify these attacks and contempt for the rule of law by the Governor of a State or any person. What the 8th respondent has done is to destroy the government because of fear of being impeached.”

1999 Constitution On Impeachment
IMPEACHMENT, a constitutional process aimed at upholding accountability, as well as preventing arbitrary removal, has been overshadowed by political influences and intervferrence.
Section 188 of the 1999 Constitution (as amended) stipulates that the process starts with a notice of allegation signed by at least one-third of members of the House of Assembly, which is presented to the Speaker, and then served on the governor.
The governor has the right of response, after which the House votes on whether to proceed, and a two-thirds majority is required for that.
If approved, the state Chief Judge is mandated to appoint or set up a seven-member panel to investigate.
If the allegations are nor proven beyond resonable doubt, the process is terminated. But if proven, a two-thirds majority vote of members is needed to impeach the governor.
Meanwhile, the Federal High Court in Port Harcourt, on Monday, March 17, resumed hearing of the case of alleged defection of the Amaewhule lawmakers, who are loyal to the Minister of the Federal Capital territory (FCT), Mr. Nyesom Wike, who have filed impeachment notice against Fubara.
The suit was filed by the Labour Party (LP) against the Rivers State House of Assembly and 30 others, challenging the defection of 27 lawmakers from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC).
The court is also expected to hear a motion seeking to strike out the suit, bordering on the legality of the lawmakers’ defection.
At the last hearing on March 11, this year, Counsel for the Assembly, Mr. K.C.O. Njemanze (SAN), informed the court that a motion had been filed on March 10, urging the dismissal of the suit, arguing that the Supreme Court’s judgment of February 28, had effectively resolved all issues raised in the case, and under Section 287(1) of the 1999 Constitution (as amended), the Federal High Court must abide by the apex court’s decision.
However, LP’s Counsel, Mr. Clifford N. Chuku, opposed the motion, submitting that the facts and legal issues surrounding the apex court judgment were distinct from the present matter, stressing thatbthe suit specifically concerns the alleged defection of lawmakers, which, under Section 272(3) of the Constitution, falls within the exclusive jurisdiction of the Federal High Court.
He also objected to the court’s hearing of the motion to strike out in isolation, arguing that such an approach could deny his client a fair hearing, urging the court to address all pending matters collectively before delivering a ruling.
In his response, Justice E.A. Obile ruled that the court would first hear the motion on notice before proceeding to the substantive case.
The court subsequently adjourned proceedings to Monday, March 17, 2025 for the motion hearing, which is expected affect the already charged political landscape in the state.
At the resumed hearing, the court, after further hearing of arguments, reserved ruling concerning the effect of the apex court judgment on the case for April 16.