By Clifford Ndujihe, Ikechukwu Nnochiri, Dan Abia, Davies Iheamnachor & Luminous Jannamike
IF the plans of opponents of Rivers State governor, Siminalayi Fubara, sail through, the governor and his deputy, Mrs Ngozi Nma Odu, would lose their seats before mid-July to pave the way for Speaker Martin Amaewhule to be sworn in as acting governor.
This is one of the scenarios in the offing in the Rivers State political brouhaha, sources told Vanguard yesterday, as the House of Assembly served a notice of misconduct on Governor Fubara and Odu, thereby sparking an impeachment process.
Other scenarios include saving the Deputy Governor or getting a neutral person to administer the state as a political solution.
Going by the constitutional steps to impeach or remove a governor/deputy governor, any of the duo can be removed within 120 days. And following the timeline strictly, devoid of legal lacunae and delays, Fubara has 111 days more to go “because the legislators are bent on removing him for gross misconduct.
‘’By July 6 or 14, he should be out of Government House,” the Rivers-born politician told Vanguard.
Meanwhile, the police have dismissed as false reports that the Port Harcourt house of the Federal Capital Territory, FCT, Abuja Minister, Chief Nyesom Wike, was attacked and burnt, against the background of the face-off between him and Fubara.
This was as lawyers and activists asked Wike to apologise to the Ijaw Nation for allegedly insulting the Ijaw in a recent interview.
Notice of Fubara’s misconduct
The notice was contained in a letter by the speaker, Martin Amaewhule, to the governor, yesterday.
However, the state Commissioner for Information and Communications, Werisenibo Joseph Johnson, said the governor did not receive the letter
The letter of misconduct was signed by 26 members of the House on March 14, 2025.
According to the Assembly, the notice is “in compliance with Section 188 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) and other extant laws.”
The letter, which cited several constitutional breaches and infractions by the governor, read: “We, the undersigned members of the Rivers State House of Assembly, hereby forward to you a Notice of Gross Misconduct by the Governor of Rivers State in the performance of the functions of his office.
“Reckless and unconstitutional expenditure of public funds contrary to Sections 120, 121 (1)(2) and 122 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).
“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.”
Other acts of misconduct levelled against Governor Fubara include: “Appointment of persons to occupy offices/positions in 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;
“Seizure of salaries, allowances as well as funds standing to the credit of the legitimate Rivers State House of Assembly, contrary to Section 121(3) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and other extant laws; and
“Seizure of the salary of the clerk of the Rivers State House of Assembly- Mr. Emeka Amadi.
”
Inability to govern
Consequently, the House of Assembly alleged that Governor Fubara had demonstrated his inability to govern, in line with the Nigerian Constitution and his oath of office.
“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 lawmakers said.
Deputy governor’s alleged misconduct
A similar notice was served on the deputy governor, Prof. Ngozi Odu, accusing her of complicity in the alleged misconduct.
“That Her Excellency, Prof. Ngozi Nma Odu, Deputy Governor of Rivers State supported and connived with Sir Siminalayi Fubara, governor, Rivers State and refused to present the Rivers State Appropriation Bill, 2024 to the Rivers State House of Assembly contrary to Section 121(1)(2) of the Contution and disobeyed the order of the Federal High Court, 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.
“That Her Excellency, Prof. Ngozi Nma Odu, Deputy Governor of Rivers State supported or backed His Excellency, Sir Siminalayi Fubara, governor of Rivers State in the State Executive Council meetings as they authorized 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 Rivers State House of Assembly, contrary to Section 120 of the Constitution,’’ the letter alleged in part.
Fubara, Odu asked to respond in 14 days
The House gave Governor Fubara and his deputy 14 days to respond to the allegations levelled against them.
Severe collateral damage
Speaking on the issue at a media briefing yesterday, the state Commissioner for Information, Joseph Johnson, said Rivers State was facing a gloomy future due to the attitude of the lawmakers who, according to him, are bent on removing the governor from power.
“It is now common knowledge that members of the Martins Amaewhule-led Rivers State House of Assembly have by their actions, refused to allow the Governor Fubara to fully implement the judgment of the Supreme Court on the long drawn political and legal battle that has lingered since the ill-fated attempt to impeach him on October 30, 2023.
“Right from when this unjustified onslaught against Governor Fubara started, the gentleman has never left anyone in doubt about his unwavering commitment to peace and resolute determination to put Rivers people first over and above personal and/or sectional interests.”
He noted that 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 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 a 5-man panel), Governor Siminalayi Fubara has never left anyone in doubt about his preparedness not only to obey, but also fully implement the Supreme Court judgment, no matter the unfortunate and unfavourable outcome.
Johnson recalled that Fubara, personally issued and signed a letter addressed to Speaker Amaewhule, formally notifying him and unambiguously indicating his intention to come before the members of the state legislature to lay the 2025 budget before them on Wednesday, March 12, 2025 for consideration. According to him, the governor followed this up by making phone calls to the speaker.
“Sadly, Governor Siminalayi Fubara, accompanied by government officials, was denied access into the legislative quarters where the RSHA members currently hold their sitting on the appointed day, that is, Wednesday, March 12, 2025,’’ the commissioner said.
He, however, appealed to the lawmakers not to embark on a futile image laundry by wrongly claiming that Governor 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 bizarre and utterly controversial judgment of the apex court for the sake of peace, is being misrepresented and painted in bad colour as not ready to comply with the judgment.”
Rivers Assembly must follow due process — Lawyers
However, senior legal practitioners in the country, weighed in on the notice of misconduct served on Governor Fubara by the Rivers State House of Assembly, asking that due process be followed by the lawmakers in handling the governor’s case.
In separate reactions to Vanguard, the lawyers noted that though such notice was a precursor to the initiation of an impeachment proceeding, the Rivers Assembly must ensure strict adherence to the rule of law.
A Senior Advocate of Nigeria, SAN, Mr. Dayo Akinlaja, said: “It is within the prerogative of the State House of Assembly to issue notice of impeachment to the Governor and or the Deputy.
“However, it does not end there. The Constitution does not give the legislature the exclusive power to initiate and conclude impeachment process against the executive.
“That being so, we will have to wait with bated breath to see how the started process will eventually pan out. May justice prevail in this regard.”
An Abuja based human rights lawyer, Mark Oguche, stressed that Section 188 of the 1999 Constitution, as amended, outlined the procedure that must be followed before a governor could be impeached.
“The 1999 Constitution, as altered, is the grundnorm, the fons et origo and source of every other law and authority in the legal system. It must be followed sensu stricto.
“What the Rivers Assembly has done so far is in line with Section 188 of the Constitution which provided that at least one-third of the State House of Assembly members must sign a notice of allegation that would be presented to the Speaker and then served on the governor.
“The law also recognised that the governor must be accorded fair hearing. He must be allowed to exercise his right of reply, following which the Assembly can then vote on whether it would proceed further or not.
“For the issue to proceed further, the endorsement of a two-third majority of the lawmakers would be required.
“The Chief Judge of the state would still be required to appoint a seven-member panel of individuals with unquestionable integrity to investigate any allegation against the governor and hid deputy.
“Dismissal of the allegation would mean an end to the whole impeachment process. But if the panel finds that there is merit in the allegations, then a two-third majority of the Assembly would be required to vote again to impeach the governor.
“So, you can see that there are enough safeguards provided by the Constitution.
“For me, there is nothing for Fubara to be jittery about, for now. What was served on him was only a query. His answer will determine the next step.
“I’ll however urge members of the Rivers State Assembly to sheath the sword in the interest of the state and its people.”
On his part, another lawyer, Mr. Nwokedi Eziama, said governor Fubara was at liberty to approach the court to challenge any unlawful action of the Rivers State House of Assembly.
“The right to a fair hearing is sacrosanct. Governor Fubara should go to court if he feels that his constitutionally guaranteed rights are being threatened.
“I will advise him to seek judicial intervention before it is too late, more so, when there are pending litigations on the status of the lawmakers that have served him with the notice of misconduct.
“He can obtain preservative orders, pending the determination of the cases in court,” he added.
In his short response to the development in Rivers State, a Senior Advocate of Nigeria, SAN, Mr. Mohammed Abeny, simply said: “Let us watch and see how they (Rivers Assembly) go about it, when they are on indefinite recess.”
Wike’s house not attacked, burnt – Police
Meanwhile, Rivers State police command has dismissed report that Wike’s Port Harcourt residence was attacked and burnt by hoodlums.
Some online media platforms had on Sunday night claimed that the residence of the minister was under siege and subsequently burnt by unidentified hoodlums.
But the command in a statement by its Public Relations Officer, Grace Iringe-Koko, a Superintendent of Police, yesterday, said the report was false and misleading.
Iringe-Koko said: “The attention of the Rivers State police command has been drawn to a misleading and malicious report circulating on various online media platforms, falsely claiming that riots have erupted in Rivers State, leading to the burning of the residence of the former governor and current minister of the Federal Capital Territory, FCT, Nyesom Wike, along with other acts of violence.
“The command categorically states that this report is entirely false, baseless, and a deliberate attempt by mischief makers to incite unrest and spread fear among law-abiding residents. There is no record of any such incident, and normalcy prevails across the state.
‘’The general public is urged to disregard these unfounded claims, which are clearly intended to cause panic and destabilize the relative peace and security enjoyed by the good people of Rivers State.
“Furthermore, the police command sternly warns those responsible for spreading such incendiary falsehoods to desist from engaging in activities capable of inciting public disorder. The full weight of the law will be brought to bear on individuals or groups found guilty of spreading misinformation or attempting to disrupt the peace in any form.”
She noted that the state Police command remained committed to ensuring the safety and security of all residents and urged members of the public to rely on credible sources for information and to report any suspicious activities to law enforcement agencies.
Lawyers, activists demand Wike’s apology to Ijaw nation
However, human rights lawyers and political activists have called on Wike to issue an immediate apology, following remarks about the Ijaw nation that have raised concerns regarding ethnic representation, constitutional rights and governance.
The controversy began after Wike referred to the Ijaw people as a ‘minority of the minorities’ and associated them with violence.
While noting that such statements could exacerbate ethnic tensions in Nigeria, many legal and civil rights advocates at a briefing in Abuja, yesterday, asked the minister to apologise.
The event featured lawyers, such as Deji Adeyanju, Maxwell Opara, and Marshal Abubakar, a legal analyst; and Comrade Chinedu Obasi, a former President of the National Association of Nigerian Students, NANS.
Each speaker highlighted the implications of Wike’s comments and called for immediate corrective action.
Deji Adeyanju emphasised the historical and political significance of the Ijaw nation, firmly rejecting any notion that they were a minority.
“The Ijaw Nation is one of the most prominent ethnic groups in Nigeria, with a long history of contributing to national development. They have played a vital role in the struggle for justice, resource control, and the protection of the Niger Delta environment. Any suggestion that they are a marginalised minority does not align with historical and demographic facts,” Adeyanju stated.
He further underscored the widespread presence of the Ijaw people in the Niger Delta.
“In Rivers State alone, the Ijaw people are found in 12 local government areas. In Bayelsa, all eight local government areas are Ijaw. They also have a significant presence in Delta, Edo, Akwa Ibom, and Ondo states. Their contributions to the development of these regions and to Nigeria as a whole cannot be overlooked,” he added.
On his part, Opara called for urgent presidential intervention, warning that the situation could escalate, if left unaddressed.
“It is crucial for the leadership of this country to step in. When concerns of ethnic misrepresentation arise, timely intervention helps to maintain peace and unity. The Ijaw people have demonstrated commendable restraint, but failing to resolve this issue could create unnecessary tensions,” Opara remarked.
Similarly, Abubakar examined the legal implications of Wike’s comments, stating that they contradicted Nigeria’s constitutional principles and international human rights standards.
“Nigeria’s Constitution upholds equality and prohibits discrimination. Section 42 of the 1999 Constitution guarantees the right of every ethnic group to fair recognition and protection. The African Charter on Human and Peoples’ Rights, to which Nigeria is a signatory, also reinforces this principle,” he explained, and urged public officials to be mindful of their statements.
“Leaders must promote unity and inclusivity. It is essential that all ethnic groups feel equally valued in our national discourse. Remarks that appear to diminish any ethnic nationality must be addressed responsibly,” he cautioned.
Process for impeaching a governor
According to section 188 of the constitution, the process for the impeachment of a governor begins when there is a notice of any allegation in writing signed by not less than one-third of the members of the house of assembly, stating that the holder of the office is guilty of “gross misconduct” in the performance of the functions of his office. The indictment must be clear, specific, and detailed, leaving no room for ambiguity.
The constitution defines gross misconduct as a “grave violation or breach of the provisions of this constitution or a misconduct of such nature as amounts in the opinion in the house of assembly to gross misconduct”.
Following that, the speaker of the house shall, within seven days of the receipt of the notice, cause a copy to be served on the governor.
The presiding officer must also ensure that any response from the governor to the allegation is delivered to each member of the assembly.
In subsection 4, within 14 days of presenting the notice to the speaker, regardless of whether the governor responds to the allegation — the house of assembly shall, by motion and without debate, decide whether the allegation should be investigated.
Subsection 4 states that if the motion is passed for the allegation to be investigated, it must be supported by the votes of not less than a two-thirds majority of all the members.
According to subsection 5, within seven days of the passing the motion, the chief judge of the state shall, at the request of the speaker, appoint a panel of seven persons (not being members of any public service, legislative house or political party) to investigate the allegation against the governor.
During the hearing, the governor can appear before the panel to defend himself or be represented by a legal practitioner. Subsection 7 mandates the panel to report its findings to the assembly within three months.
Subsection 8 stipulates that if the panel report states that the allegation has not been proved, no further proceedings should be taken in respect of the impeachment.
According to section 9, where the panel reports that the allegation against the governor has been proved, then within 14 days of the receipt of the report, the assembly shall consider the report, and if by a resolution of the house supported by not less than two-thirds majority of all its members, the report of the panel is adopted, then the governor stands removed with immediate effect.
Patience Jonathan begged Jonathan to make Wike gov— PANDEF chair
CHAIRMAN of the Pan Niger Delta Forum, PANDEF, Ambassador Godknows Igali has revealed how former First Lady, Dame Patience Jonathan, begged for Nyesom Wike to become governor of Rivers state.
Igali, who spoke on Focus Nigeria, a political programme on AIT, claimed the former first lady went as far as rolling on the floor to persuade former President Goodluck Jonathan, and late elder statesman, Chief Edwin Clark.
Wike’s recent comments have put him at odds with PANDEF. On March 12, during a media chat, the Minister of the Federal Capital Territory, FCT, accused the group of seeking favours from President Bola Tinubu during a visit to the presidential villa.
In PANDEF’s defence, Igali said the delegation included senior traditional rulers, former governors, senators, and ministers.
He said it was “highly regrettable and totally unacceptable” that Wike would “exhibit such brazen disrespect towards individuals of this standing”.
He said: “We used to organize retreats for new ministers, and one of the things we taught them was the code of ethics — to be ethical, to be decent. Not to behave, dance around, shout at people, and use the wrong words on elders. We are still Africans, for goodness’ sake.
“The minister should be called to order. You see, this has many implications because, first, it sends the wrong message.
And the people of the Niger Delta — some of the traditional rulers — call me and said, ‘Ambassador Igali, did you take us to the villa to be insulted this way? Do you know that I retired from the army in 1975? Where was that minister?’ I said, ‘Sorry, sir, that was not my intention’.
“So, let us keep talking. Come, let us talk. You are my brother, you are part of PANDEF. You came there to meet PANDEF when you wanted to be governor. You knelt before Chief Edwin Clark. I was in the other room in the house.
“Patience Jonathan rolled on the floor to beg President Jonathan to make you governor. Some of the people — Chief A.K. Horsfall, Alabo Graham-Douglas, who is now late, and the traditional ruler of Etche — were not on board.
“They said, ‘Look, Rivers State has a precarious political situation. We balance politics — riverine, Delta, the Ogonis. We have to go down like that.’ They said no.
“Patience Jonathan said, ‘We want Wike to be governor at all costs.’ But it was the turn of someone from the riverine side. She begged. And she is alive. She rolled on the ground to beg Chief Clark and others on your behalf.”
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