*Warns Against Judicial Intervention

Legal practitioner Godspower Egbule has warned that any court intervention in the ongoing impeachment proceedings against Rivers State Governor Siminalayi Fubara at this early stage would be premature and unconstitutional.

Speaking on ARISE News on Monday, Egbule maintained that the impeachment process must strictly follow constitutional provisions, emphasizing that all three arms of government are bound by the Constitution.

“At this point, it would be too hasty for anybody to reach the court,” Egbule stated, adding that “The three arms of government are circumscribed by the provisions of the Constitution.”

He warned that any action taken outside constitutional boundaries by any arm of government would be illegal. “It would be ultra vires for the legislature to make moves that are outside the provisions of the Constitution. It would also be ultra vires by the judge and the court to make orders that are outside the provisions of the Constitution,” he said.

Egbule anchored his argument on Section 188 of the Constitution, describing the impeachment process as clearly defined and sequential.

“Section 188 is clear. First, a third majority, a notice of impeachment, is given to the Speaker. The Speaker sends a notice of impeachment to the governor. After that, by a motion of a third majority, that motion is now adopted by the House of Assembly and sent to the Chief Judge to set up a seven-man panel,” he explained.

Addressing claims by Governor Fubara that he had not received a notice of impeachment, Egbule noted apparent contradictions in the governor’s public remarks.

“The governor said he did not receive the notice. But during a public meeting, the governor euphemically said he got the love letter from them. He didn’t say he got it,” he stated.

Egbule stressed that the constitutionally established panel exists to guarantee fairness to all parties involved.

“If you take a look at the provisions of Section 180, the panel would always give fair hearing to all the parties that are concerned. The governor even has a right to be represented by the legal practitioner of his choice,” he said.

He maintained that disputes over impeachment allegations should be resolved through this constitutional panel rather than the regular courts at an early stage.

“This procedure we’re having will get to the place where it culminates to a panel being settled. That panel is a seven-man panel who now investigates the allegations of gross misconduct,” Egbule said.

Warning against actions outside constitutional boundaries, the lawyer emphasized that no arm of government should overstep its bounds.

“It would be ultra vires for the legislature to make moves that are outside the provisions of the Constitution. It would be ultra vires for the executive to carry out acts outside the provisions of the Constitution. It would also be ultra vires by the judge and the court to make orders that are outside the provisions of the Constitution,” he stated.

Egbule rejected narratives suggesting impeachment could be driven by trivial or fabricated reasons, insisting that the constitution outlines how allegations should be assessed.

“At no point did the constitution contemplate that somebody can wake up one morning and say, I have not been signed. It’s your own side of the story against the side of the story of the House of Assembly. And that’s why you have a panel,” he said.

Addressing the definition of gross misconduct, Egbule noted that the Constitution gives lawmakers the authority to determine what constitutes such conduct.

“Constitution 188 sub 11 says gross misconduct is in the opinion of the lawmakers. The grounds constituting that gross misconduct is what you will now look at,” he explained.

The legal practitioner lamented that much of the public commentary around the impeachment proceedings lacked factual basis.

“We have a lot of fabricated stories in the public space that has nothing to do with the reason why the House was formed,” Egbule said.

Egbule concluded by emphasizing that impeachment is not a unilateral process but one involving multiple institutions acting within constitutional limits.

“Impeachment proceedings is a collaboration between the House itself and the judiciary,” he said.

The lawyer’s intervention comes amid ongoing political tension in Rivers State, where the State House of Assembly has initiated impeachment proceedings against Governor Fubara. His comments underscore the importance of adhering to constitutional procedures in resolving the political crisis, while cautioning against premature judicial intervention that could undermine the established constitutional process.

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