Fubara Impeachment Drama: Rivers Lawmakers Defect Amid Political Turmoil

Published 5 hours ago7 minute read
Pelumi Ilesanmi
Pelumi Ilesanmi
Fubara Impeachment Drama: Rivers Lawmakers Defect Amid Political Turmoil

The political landscape in Rivers State has been marked by renewed instability as impeachment proceedings against Governor Siminalayi Fubara and his Deputy, Professor Ngozi Odu, have been initiated. This move has spurred significant reactions, including the withdrawal of support from two state lawmakers, the intervention of prominent South-south leaders, and warnings from various professional bodies regarding the potential impact on democratic order and economic stability.

In a notable development, Hon. Sylvanus Nwankwo (Omuma State Constituency), who also serves as the Minority Leader, and Hon. Peter Abbey (Degema State Constituency) publicly rescinded their earlier support for the impeachment notice. Both lawmakers, who were previously among the 27 legislators loyal to former Governor Nyesom Wike, appealed to their colleagues to prioritize peace and seek an amicable resolution. They acknowledged that Governor Fubara and his deputy might have infringed on constitutional provisions but stressed that dialogue, political wisdom, and compromise should prevail over confrontation. Their decision, they stated, was influenced by numerous appeals for restraint and reconciliation from respected elders and leaders within and outside Rivers State. While Nwankwo had previously moved a motion for the first impeachment attempt in October 2023, his current stance highlights potential cracks within the pro-Wike bloc, which could significantly alter the balance of power in the House.

Responding to the escalating crisis, prominent South-south leaders, operating under the umbrella of the Pan-Niger Delta Forum (PANDEF), inaugurated a Peace and Reconciliation Committee. Chaired by former Attorney-General of the Federation, Chief Kanu Agabi, SAN, the committee's mandate is to halt the political crisis in Rivers State following a third impeachment attempt against the governor and his deputy. The committee, which includes members like former Edo North Senator Obende Domingo as vice chairman, former Minister of Housing Rt. Hon. Essien Nduese, retired federal Permanent Secretary Dr. Timiebi Koripamo-Agari, former Director of the Department of State Services Chief Mike Ejiofor, former Cross River State Attorney-General Mrs. Nella Rabana-Andem (SAN), and Deputy National Secretary of PANDEF Godwin Okotie as secretary, was given a two-week ultimatum to broker peace. The inauguration took place in Abuja after an emergency meeting of PANDEF’s Board of Trustees (BoT) and National Executive Committee.

At the inauguration, leaders such as former military governor of Rivers State King Alfred Papapraye Diete-Spiff, former Akwa Ibom State governor Obong Victor Attah, and former Edo State deputy governor Chief Mike Oghiadomhe expressed optimism about the committee's success. PANDEF’s National Chairman, Ambassador Godknows Igali, emphasized the organization's moral authority, expecting both Nyesom Wike (Minister of the FCT) and Governor Fubara, both members of PANDEF, to respect the committee’s decisions. Chief Agabi, in his acceptance speech, described the assignment as a solemn national duty, urging wisdom, restraint, and humility from all political actors. He cautioned against destructive political confrontation, drawing an analogy of a clam and an oyster that fought until consumed by a fisherman. He appealed for humility, forgiveness, and reconciliation, reminding the principal actors that they were once allies who supported each other's political ascent and thus owed a duty to reconcile. He also appealed to members of the Rivers State House of Assembly to demonstrate restraint and embrace dialogue, clarifying that the committee's role is not to judge but to facilitate reconciliation.

The terms of reference for the PANDEF committee are comprehensive, including identifying main actors in the crisis, engaging key stakeholders such as the FCT minister, former governors, elders, traditional rulers, and political leaders. The panel is also tasked with facilitating dialogue between the executive and legislature, recommending steps to restore reconciliation, stability, law and order, and ensuring that any resolution respects constitutional norms and the democratic will of the people. The committee is mandated to consult widely, maintain confidentiality to build trust, and submit a comprehensive report with recommendations to the President and PANDEF’s Board of Trustees within 14 days.

The impeachment proceedings are based on allegations of gross misconduct against Governor Fubara and Professor Odu, including budgetary impropriety, failure to present the 2026 Budget Appropriation Bill, alleged extra-budgetary expenditure without RSHA approval, and financial neglect of the RSHA and Rivers State Judiciary. There are also concerns about the accusation of unlawfully demolishing the RSHA Complex, which could be considered an act of terrorism. The process for removal is outlined in Section 188 of the 1999 Constitution of the Federal Republic of Nigeria (as amended), which defines gross misconduct as a grave violation or breach of the Constitution. Examples include breaching the Code of Conduct or withdrawing public funds without legislative approval.

According to Section 188, a notice of removal with allegations, signed by at least one-third of RSHA Members, must be presented to the Speaker. The Governor and Deputy have a right to defend themselves. Within 14 days of the notice, a resolution to investigate, passed by at least a two-thirds majority of the RSHA, is required. Subsequently, the Chief Judge of Rivers State, upon the Speaker's request, must appoint a seven-person panel to investigate and report findings within three months. If allegations are unproven, proceedings cease. However, historical cases like that of former Kogi State Deputy Governor Simeon Achuba show that legislative bodies sometimes act in defiance of panel findings, though such actions have been overturned by courts. If allegations are proven, the report is adopted by a two-thirds majority within 14 days, leading to the removal of the Governor and/or Deputy. Section 188(10), which seeks to oust court jurisdiction, is considered unconstitutional as it infringes on the right to fair hearing and the courts' powers to adjudicate. Legal precedent, such as the case of Governor Ladoja of Oyo State, demonstrates that impeachment processes must strictly adhere to constitutional procedures to be valid.

The constitutional framework explicitly states that a Governor holds office for a four-year term, with a maximum of two terms, as per Sections 180(1)(a), (2), and 182(1)(b) of the Constitution. Any agreement preventing a first-term governor from seeking a second term is considered against public policy, unconstitutional, null, void, and unenforceable. Such agreements are inconsistent with Section 182(1)(b) of the Constitution. Critics argue that the underlying motivation for the current crisis in Rivers State is not the welfare of the people but a struggle for power, control, and state funds. Some observers suggest that President Bola Tinubu may be a beneficiary of this internal conflict, as both opposing factions have pledged allegiance to his potential second-term bid, eager to demonstrate their capacity to deliver victory in Rivers State.

Nigerian professionals in the diaspora, under the aegis of Nigerian Diaspora Professionals for Democratic Stability (NDPDS), have warned that the renewed impeachment attempts threaten democratic order, describing them as an abuse of legislative power and political vendetta rooted in the breakdown of relations between Governor Fubara and former Governor Wike. They argue that the impeachment process risks reducing constitutional mechanisms to instruments of political control. Furthermore, the Movement for the Survival of the Ogoni People (MOSOP) has raised alarm that persistent political instability could jeopardize the peaceful resumption of oil exploration in Ogoni, potentially costing Nigeria over $30 million daily from an estimated 500,000 barrels of oil production. MOSOP views the impeachment attempt as a direct assault on President Tinubu's mediation efforts and urged the RSHA to cease proceedings to protect national interest and Nigeria’s international image.

In a separate development, the Nigerian Army expressed concern over what it termed a deliberate misrepresentation of remarks made by the Chief of Army Staff (COAS), Lieutenant-General Waidi Shaibu, during his operational visit to the 6 Division of the Nigerian Army in Port Harcourt. The Army clarified that the COAS neither raised an alarm nor expressed concern about any alleged increase in pipeline vandalism, contrary to an online news report. The visit was routine, aimed at assessing troop readiness, interacting with personnel, and addressing operational and welfare challenges. Lieutenant-General Shaibu emphasized the critical role of troops in protecting national infrastructure for economic stability and assured them of prioritized welfare, including new accommodation projects and improvements in educational facilities. The Army cautioned media organizations against publishing unverified reports that distort facts and undermine security efforts.

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