Fubara Impeachment: Court Can Stop Assembly If Due Process Is Violated — Ogwuche

Constitutional lawyer and human rights activist, Festus Ogwuche, has described the interim injunction issued by the Rivers State High Court halting the impeachment process against Governor Siminalayi Fubara and his deputy, Ngozi Odu, as a lawful and sensible constitutional safeguard.....KINDLY READ THE FULL STORY HERE▶

Speaking on Arise News on Sunday, Ogwuche said the decision by the governor and his deputy to seek an ex parte order was both legal and necessary to protect constitutional order.

According to him, approaching the court was a strategic and constitutionally recognised step. “It was a smart move. The Constitution allows for it. They filed an ex parte application, and the court granted the order,” he said.

Ogwuche explained that although impeachment is a legislative function, it is not immune from judicial review where there are signs that constitutional procedures may have been breached.

“The court has the authority to examine whether the impeachment process followed due process. Any violation of the constitutional procedure, no matter how minor, can render the entire process invalid,” he stated.

He emphasised that impeachment is a constitutionally regulated, time-sensitive process that must strictly comply with laid-down rules.

Clarifying the purpose of the injunction, Ogwuche said the ex parte order was merely preservatory, aimed at maintaining the status quo until the substantive issues are fully examined.

“The order is to pause the process temporarily so the court can properly assess the application and determine whether due process is being followed,” he explained.

He cautioned against treating impeachment lightly or using it as a political tool, describing it as a serious constitutional mechanism that demands utmost respect.

“Impeachment is not a trivial exercise. It is a profound constitutional action that must be approached with seriousness and responsibility,” he said.

Referencing the Supreme Court’s ruling in the impeachment of former Adamawa State governor, Murtala Nyako, Ogwuche noted that the apex court had clearly stressed the gravity of impeachment proceedings.

“The Supreme Court made it clear that impeachment should never be used for vendettas, blackmail or as a weapon against a governor for acting against certain interests,” he added.

Addressing arguments that courts are barred from interfering in impeachment matters under Section 188(10) of the Constitution, Ogwuche dismissed such views as misleading.

“That provision applies only when the entire impeachment process has been concluded without any constitutional breach. In such cases, courts cannot question the outcome,” he explained.

“However, where the process is still ongoing, the court has the power to intervene and ensure compliance with constitutional provisions,” he added.

On the role of the Rivers State Chief Judge, Justice Simeon Amadi, Ogwuche stressed that all judicial officers are obligated to obey existing court orders.

“As the head of the judiciary, he must lead by example. He cannot disregard an order from a court of competent jurisdiction, regardless of his personal views about it,” he said.

He noted that the appropriate response to a disputed order is to apply for it to be set aside, not to ignore it.

“As long as the order remains in force, the Chief Judge is bound to comply with it,” Ogwuche insisted.

Ogwuche also expressed concern over the ongoing political turmoil in Rivers State, warning that the persistent crisis continues to disrupt governance and harm ordinary residents.

“Rivers State is increasingly looking like a theatre of the absurd. Despite presidential interventions and Supreme Court judgments, the instability persists.

“In the end, it is the people who suffer, while political actors continue their power struggles,” he said.