High Court’s Indefinite Adjournment Extends Rivers Impeachment Crisis

By Sammy Etuk

The decision of the Rivers State High Court on January 23, 2025, to adjourn indefinitely the impeachment case involving Governor Siminalayi Fubara and his deputy, Professor Ngozi Odu, has significantly prolonged the political and legal tension surrounding the dispute. The matter, heard at the Oyigbo Judicial Division, was adjourned sine die due to a pending appeal before the Court of Appeal. However, no date has yet been fixed for the appellate hearing, leaving the impeachment process in a state of legal uncertainty.

The Governor’s legal team is expected to argue that impeachment proceedings must strictly comply with Section 188 of the 1999 Constitution (as amended). Their position is likely to center on whether all procedural requirements — including notice, quorum, voting thresholds, and investigative panel provisions — were fully observed. They may rely on Section 6(6)(b) of the Constitution to maintain that the courts retain authority to determine questions of constitutional compliance, particularly where due process is alleged to have been breached.

On the other hand, the Rivers State House of Assembly, led by Rt. Hon. Martin Amaewhule, is expected to defend the impeachment steps as constitutionally valid and within the legislative powers granted under Section 188. The Assembly may insist that impeachment is fundamentally a legislative function insulated from judicial interference. Nonetheless, legal observers suggest that in the heat of the political struggle, the Assembly might have overlooked certain procedural or constitutional technicalities out of concern that strict adherence to some processes could become detrimental to their case.

With the High Court proceedings now suspended indefinitely and no appeal date announced, the constitutional contest has entered a critical phase. The eventual interpretation of the appellate court will likely determine not only the immediate fate of the Rivers impeachment process but also clarify the broader boundaries between legislative authority and judicial oversight in Nigeria’s constitutional democracy.