The Chief Judge of Rivers State, Justice Simeon Amadi, has refused to set up a judicial panel to investigate Governor Siminalayi Fubara, citing existing court orders.
The Rivers State House of Assembly had requested a seven-member panel to probe Fubara and his deputy, Ngozi Odu, over allegations of gross misconduct. However, in a letter dated January 20, addressed to Speaker Martins Amaewhule, Justice Amadi stated that two court orders, served on his office on January 16, prohibit him from receiving, forwarding, or considering any such requests.
Justice Amadi stressed that constitutionalism and the rule of law require all authorities to respect subsisting court orders, regardless of personal views on their validity. He referenced a 2007 precedent where the Chief Judge of Kwara State faced condemnation for ignoring a restraining order, a decision later overturned by the Court of Appeal.
The chief judge also noted that the Speaker has filed an appeal against the court orders at the Court of Appeal, invoking the doctrine of lis pendens, which requires that proceedings await the outcome of the appeal.
“In view of the foregoing, my hand is fettered,” Justice Amadi said, adding that the injunctions and pending appeal legally prevent him from exercising his powers under Section 188(5) of the Constitution at this time.
He urged the House of Assembly to acknowledge these legal constraints and “be magnanimous enough to appreciate the legal position of the matter.”
