Pro-Wike lawmakers indict Fubara

… Court bars Rivers CJ from acting on impeachment proceedings

The faction of the Rivers State House of Assembly loyal to the Minister of the Federal Capital Territory, Nyesom Wike, has formally indicted Governor Siminalayi Fubara, accusing him of infractions they claim constitute gross misconduct and abuse of office.

The speaker of the 24-member faction, Rt. Hon. Martin Chike Amaewhule, outlined these infractions in a letter addressed to the governor on Monday.

But a Rivers State High Court sitting in Port Harcourt has issued an exparte order of interim injunction barring the Chief Judge of the State and the Clerk of the State House of Assembly from dealing with Martins Amaewhule’s-led State Assembly.

The order issued by Justice Jumbo Stephen also prevented the duo from dealing with Amaewhule and 26 others as members of the Assembly and from acting on any resolutions, articles of impeachment, or communications from them.

Amaewhule’s letter, titled “Resolutions Reached at the 1st Legislative Day of the Second Session of the Tenth (10) Rivers State House of Assembly,” highlights several key issues. These include the governor’s alleged failure to present the Rivers State Appropriation Bill, 2024, in line with Section 121 (1) of the Constitution, despite a court judgement on January 22, 2024, by Justice J.K. Omotosho.

“Pursuant to Section 122 of the Constitution, the Rivers State Government under your watch is now barred from spending funds from the Consolidated Revenue Fund of the State, so the House hereby gives you the opportunity to present the same within seven (7) days from the date of this resolution,” it said.

Additionally, the governor was accused of breaching Section 192(2) of the constitution by swearing in “purported members of the Rivers State Executive Council as commissioners.” He also allegedly violated Section 7(1) of the constitution and the Rivers State Local Government (Amendment) Law of 2023 by appointing unelected individuals to manage the 23 local government councils, against a judgement by Justice J.K. Omotosho.

Furthermore, the letter noted that the governor has ignored the Court of Appeal’s July 4, 2024 judgement, which it said nullified actions by the three suspended members of the assembly that are loyal to the governor and have been carrying out legislative functions.

The letter said that despite the appellate court’s decision, the governor continues to transact with them and has not stopped them from parading in their positions.

The letter concluded by stating that “these infractions by you on the Constitution of the Federal Republic of Nigeria 1999 as altered, other extant laws, and judicial pronouncements constitute gross misconduct and abuse of office on your part. We call on you to do the needful and act lawfully without further delay.”

The political crisis in the state, stemming from a rift between the governor and Wike, has divided the House of Assembly, with 24 members supporting Wike and three backing the governor. Sources close to the pro-Wike lawmakers indicated that this letter is the first step in a planned impeachment proceeding against the governor, as outlined in Section 188 of the constitution.

Efforts to get a reaction from the state government were unsuccessful at the time of filing this report. The Commissioner of Information, Joe Johnson, has not responded to calls and text messages.

But the court order, which restrained the CJ and Clerk of the Assembly from acting on any resolutions, articles of impeachment, or communications from the Amaewhule-led assembly, was pursuant to a suit marked PHC/2177/CS/2024 and filed by the Attorney General of the State as the first plaintiff and the Governor of the State, Fubara, as the second plaintiff, against Martin Amaewhule and 26 others, as the first set of defendants, and Hon. Victor Oko-Jumbo and others, CJ of the State and Clerk of the State House of Assembly and People’s Democratic Party (PDP) as the second sets of defendants.

Meanwhile, a parallel session was held by the pro-Fubara faction of the house, led by Victor Oko-Jumbo, on Monday. They screened and confirmed Barrister Emmanuel Onengiye-Ofori Frank-Fubara as commissioner-designate.

The house also opened debates on the Rivers State Emergency Management Agency Bill, 2024, and the Rivers State Transport Company Reform Bill, 2024. Both bills passed second reading and were committed to the committee stage for further examination, with instructions to conduct public hearings and report back in two weeks.