Court adjourns Fubara impeachment suit indefinitely as appeals take centre stage

An Oyigbo High Court in Rivers State has adjourned indefinitely the suit filed by Governor Siminalayi Fubara and his deputy, Ngozi Odu, challenging the impeachment proceedings initiated against them by the Rivers State House of Assembly.

Justice Florence Fiberesima took the decision on Wednesday after parties informed the court that two separate appeals had been lodged in respect of the matter, making it necessary for the Court of Appeal to first determine the issues raised.

At the resumed hearing in Port Harcourt, counsel to the Speaker of the House of Assembly, Martin Amaewhule, and 27 lawmakers, S.I. Amen (SAN), notified the court of the pending appeals and orally applied for a stay of proceedings.

The application was not opposed by counsel to the claimants, Paul Orikoro (SAN), nor by Lawrence Oko-Jaja (SAN), who represents Victor Oko-Jumbo, Orubienimigha Timothy and Sokari Goodboy, listed as co-defendants in the suit.

Consequently, Justice Fiberesima adjourned the matter sine die, pending the determination of the appeals.

The adjournment follows an earlier interim injunction issued by the same court, restraining the Speaker, several lawmakers, the Clerk of the House and the Chief Judge of Rivers State from taking further steps toward the impeachment of the governor and his deputy.

The injunction specifically barred the forwarding, consideration or acting on any impeachment notices or related documents aimed at setting up an investigative panel over allegations of gross misconduct.

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Rivers Chief Judge Rejects Assembly’s Request

Meanwhile, the Chief Judge of Rivers State, Justice Simeon C. Amadi, has declined a request by the Rivers State House of Assembly to constitute a seven-member investigative panel to probe allegations of gross misconduct against Governor Fubara and his deputy.

Justice Amadi cited subsisting court orders and a pending appeal as reasons for his refusal.

In a letter addressed to the Speaker of the House, Martin Amaewhule, the Chief Judge confirmed receipt of two separate requests from the Assembly dated January 16, 2026, seeking the constitution of a panel under Sections 188(4) and 188(5) of the 1999 Constitution (as amended).

However, he stated that the doctrine of lis pendens applies, noting that both the court and parties must await the outcome of the appeals already before the Court of Appeal.

“In view of the foregoing, my hand is fettered, as there are subsisting interim orders of injunction and an appeal against the said orders,” Justice Amadi wrote. “I am therefore legally disabled at this point from exercising my duties under Section 188(5) of the Constitution in the instant matter.”

The Chief Judge disclosed that the Assembly’s requests were accompanied by various documents, including copies of the notice of allegations, the Rivers State Impeachment Panel (Conduct of Investigations) Procedure, 2025, and relevant newspaper publications.

He added that his office had earlier been served with interim injunctions issued on January 16, 2026, by the Oyigbo Division of the Rivers State High Court.

The suits—OYHC/6/CS/2026 filed by the deputy governor and OYHC/7/CS/2026 filed by Governor Fubara—listed the Speaker and 32 others as defendants, with the Chief Judge named as the 32nd defendant.

The court orders restrain the Chief Judge from receiving, considering or acting on any request, resolution or communication from the House of Assembly relating to the impeachment process for an initial period of seven days.

Certified true copies of the orders were attached to the correspondence, the Chief Judge confirmed.

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