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Fubara’s Impeachment Suffers Setback As Judge Rejects Invitation to Set Up Probe Panel
The Chief Judge of Rivers State, Justice Simeon Amadi, has declined to set up a judicial panel to investigate Governor Siminalayi Fubara, citing a court order.
The Rivers State House of Assembly had requested that Amadi set up a seven-member panel to probe Fubara and his deputy, Ngozi Odu, over allegations of gross misconduct.
However, in a letter dated January 20 and addressed to the Speaker of the House, Martins Amaewhule, the chief judge cited two court orders barring him from receiving, forwarding, or considering any requests to form such a panel.
The judge stated that the orders were served on his office on January 16, 2026 and remain in force.
The chief judge emphasised that constitutionalism and the rule of law require all authorities to obey subsisting court orders, irrespective of their perception of the orders’ validity.
He referenced legal precedents, noting that in a similar case in 2007, the Chief Judge of Kwara State was condemned for ignoring a restraining court order when setting up an investigative panel, a decision later voided by the Court of Appeal.
Justice Amadi further observed that the Speaker has already filed an appeal against the court orders at the Court of Appeal, adding another layer to the ongoing legal proceedings surrounding the allegations.
“By the doctrine of ‘lis pendens’, parties and the court have to await the outcome of the appeal,” he said.
Justice Amadi further stated that the existence of the injunctions and the pending appeal had effectively tied his hands.
“In view of the foregoing, my hand is fettered, as there are subsisting interim orders of injunction and appeal against the said orders. I am therefore legally disabled at this point from exercising my duties under Section 188(5) of the Constitution in the instant,” he said.
The chief judge appealed to the lawmakers to recognise the legal constraints surrounding the matter.
Justice Amadi, therefore, urged the state assembly to be “magnanimous enough to appreciate the legal position of the matter.”
The Supreme Court has vacated the order of the Court of Appeal which barred the recognition of David Mark as the National Chairman of the African Democratic Congress, ADC.
The apex court on Thursday held that the preservative order by the Court of Appeal was in bad faith, unnecessary, unwarranted and improper.
In a unanimous judgment of the Supreme Court, Justice Mohammed Lawal Garba held that the Court of Appeal ought not to have made such order because it was not sought by any of the parties in the matter.
The Court of Appeal had issued an order of status quo antem bellum upon which the ADC exco under David Mark was de-recognized by the Independent National Electoral Commission, INEC.
With the vacation of the order, David Mark and the other national officers are to be recognized as ADC leaders by the electoral body.
The convention produced the Tanimu Turaki-led factional national executives of the party.
Attention has shifted to the Supreme Court, which has fixed April 30 (today) for judgment in the leadership tussle within the African Democratic Congress (ADC).
A five-member panel led by Justice Mohammed Garba will resolve the appeal filed by the David Mark-led faction concerning the authentic leadership of the party.
Also on Thursday, the court is expected to determine the leadership dispute rocking the Peoples Democratic Party (PDP).
Two PDP factions—one led by Kabir Turaki and the other by the Minister of the Federal Capital Territory, Nyesom Wike—are laying claim to the leadership of the party.
The Supreme Court had on April 22 reserved judgment in the ADC crisis to a date to be communicated to the parties involved in the tussle.
However, on Tuesday, the ADC formally wrote to the Chief Justice of Nigeria (CJN), Justice Kudirat Kekere-Ekun, pleading for the quick delivery of judgment in the leadership tussle at the national level.
The party claimed it would suffer irreparable harm if judgment in the protracted battle was not delivered within the period allowed by the Electoral Act for fielding candidates for the 2027 general elections.
It stated in part: “Without the delivery of judgment within the next three days from the date of this letter, the ADC stands the grave and irreversible risk of being excluded from participating in the 2027 general elections.
“This would disenfranchise millions of Nigerians who have subscribed to the ideals of the ADC and deny them their constitutional right to freely associate and contest elections through a political party of their choice.”
At the April 22 hearing, Jibrin Okutepa, SAN, who represented David Mark, urged the Supreme Court to allow the appeal, arguing that the apex court had earlier, on March 21, 2025, held that “no court has jurisdiction to entertain matters bordering on the internal affairs of political parties.”
During the hearing, Okutepa urged the apex court to hold that the Federal High Court in Abuja lacked jurisdiction to entertain the suit.
However, Robert Emukperu, SAN, who represented the first respondent, Nafiu Gombe, urged the court to dismiss the appeal and affirm the judgment of the lower court, which held that the suit was premature.
It will be recalled that a three-member panel of the Court of Appeal dismissed Mark’s appeal, ruling that it was premature and filed without leave of the trial court.
In the PDP matter, the first appeal, marked SC/CV/164/2026, stems from a decision of Justice Peter Lifu of the Federal High Court in Abuja, who restrained the party from proceeding with its planned convention pending the determination of a suit filed by former Jigawa State Governor Sule Lamido.
On November 14, the court issued a final order restraining the PDP from conducting its national convention.
Justice Lifu held that Lamido was “unjustly denied” the opportunity to obtain a nomination form to contest for national chairman, in violation of the PDP constitution and internal regulations.
The Court of Appeal later upheld the decision on March 9, prompting the PDP to appeal.
The second appeal, SC/CV/166/2026, was filed by the PDP, its National Working Committee (NWC), and National Executive Committee (NEC).
It arose from a judgment delivered by Justice James Omotosho, which stopped the party from holding its Ibadan national convention.
The Court of Appeal upheld that decision, agreeing that INEC should not validate the outcome of the convention.
After hearing all arguments, the Supreme Court reserved judgment, stating that the date would be communicated to the parties.
