Members of the Rivers State House of Assembly, on Sunday cried out about what it claimed was an attempt by some external forces to stop the impeachment proceedings it initiated against Siminalayi Fubara, the state governor.
The lawmakers – 27 in all – who have been at daggers-drawn with Fubara, a development which blew up in the open in October 2023, when they first served impeachment notice to the governor, went the same route on Thursday, last week with a fresh notice after accusing him of running the state without an approved budget, which they said constituted gross misconduct.
But against the backdrop of the heavy dust the move has raised, with the All Progressives Congress (APC) to which the governor and majority of the lawmakers belong, rejecting it, the assembly members, who did not name those involved, pointed to secret plots stop the process through illegal court orders.
Enemi George, spokesman of the group, who said in a statement on Sunday that the supposed orders were to the members from carrying out its constitutional responsibilities, noted that the lawmakers got wind of the plot through intelligence, adding that “certain persons” involved were scheming to obtain such orders from some of the high courts within the state but outside the Port Harcourt judicial division, regardless the dictates of the law.
Pointing to the illegality of the alleged move, George, Chairman, House Committee on Information, Petitions and Complaints, cited section 272(3) of the constitution, providing that “subject to the provisions of section 251 and other provisions of the constitution, the Federal High Court shall have jurisdiction to hear and determine the question as to whether the term of office of a member of the house of assembly of a state, governor or deputy governor has ceased or become vacant.”
He also referred to section 188(10) of the constitution, stating that “no proceedings or determination of the panel or of the House of Assembly or any matter relating to such proceedings or determination shall be entertained or questioned in any court.”
The statement added: “These persons are also fully aware of judicial pronouncements on this matter, especially recently at the court of appeal on a matter involving similar ex parte order by a Rivers state high court contrary to section 272(3) of the constitution. A word is enough for the wise.
“Therefore, with the leave of the speaker of the Rivers state house of assembly, I call on those concerned to exercise restraint and refrain from acts inimical to the Constitution and the rule of law.
“All that is required is for the office holders who have already been duly served with the Notice of Allegations of Gross Misconduct to respond to them item by item rather than deploy subterranean moves to subvert the law or use proxies to malign members and the Rivers State House of Assembly in the media.”