In separate comments to Vanguard, the lawyers acknowledged that while the notice is a preliminary step in impeachment, constitutional procedures must be followed meticulously.
Senior Advocate of Nigeria (SAN), Dayo Akinlaja, affirmed the Assembly’s right to issue an impeachment notice but emphasized that the process extends beyond the legislature alone.
“The State House of Assembly can initiate impeachment, but the Constitution does not grant them exclusive authority to complete it unilaterally,” Akinlaja stated, adding that the nation must wait to see how events unfold, with justice prevailing as the ultimate goal.
Human rights lawyer Mark Oguche pointed out that the Rivers Assembly’s actions align with Section 188 of the amended 1999 Constitution, which outlines impeachment procedures. He explained that the process requires at least one-third of Assembly members to sign the notice, a fair hearing for the governor, and, if necessary, a two-thirds majority vote before the Chief Judge appoints a panel for further investigation.
“There is no cause for Fubara to panic yet. The notice is merely a query, and his response will determine the next step,” Oguche assured, urging lawmakers to act in the best interest of the state.
Meanwhile, legal expert Nwokedi Eziama advised that Governor Fubara could seek judicial intervention if he perceives any violation of his constitutional rights.
“The right to a fair hearing is fundamental. If Fubara believes his rights are under threat, he should challenge the process in court,” Eziama stated, suggesting that the governor could obtain legal orders to stall any unconstitutional moves.
Senior lawyer Mohammed Abeny, SAN, offered a succinct take, stating, “Let’s wait and see how they proceed, especially since the Assembly is currently on indefinite recess.”
With the controversy unfolding, legal minds continue to stress the importance of constitutional compliance in the impeachment process.