The Chief Judge of Rivers State, Hon. Justice Simeon C. Amadi, has formally declined to constitute a seven-man investigative panel to probe Governor Siminalayi Fubara and his deputy, Prof. Ngozi Nma Odu, over allegations of gross misconduct, citing subsisting court orders restraining him from taking such action.
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In a letter dated January 20, 2026, addressed to the Speaker of the Rivers State House of Assembly, Rt. Hon. Martin Amaewhule, the Chief Judge explained that he was “legally disabled” from exercising his constitutional duties under Section 188(5) of the 1999 Constitution due to interim injunctions issued by a court of competent jurisdiction.
Justice Amadi disclosed that his office received two separate court orders of interim injunction issued on January 16, 2026, in two suits filed by Governor Fubara and Deputy Governor Odu against Speaker Amaewhule and 32 others.
The suits are:
- Suit No.: OYHC/6/CS/2026 — Her Excellency, Prof. (Ms.) Ngozi Nma Odu vs. The Rt. Hon. Martin Amaewhule (Speaker, Rivers State House of Assembly) & 32 Ors.
- Suit No.: OYHC/7/CS/2026 — His Excellency, Sir Siminalayi Fubara vs. The Rt. Hon. Martin Chike Amaewhule (Speaker, Rivers State House of Assembly) & 32 Ors.
The Chief Judge noted that he is listed as the 32nd Defendant/Respondent in both suits, and the interim orders were served on his office on the same January 16, 2026.
According to Justice Amadi, paragraph 1 of the two orders states:
“That an interim injunction is hereby made, restraining the 32nd Defendant, i.e., The Hon. Chief Judge of Rivers State from receiving, forwarding, considering and or howsoever acting on any request, resolution, articles of impeachment or other documents or communication from the 1st – 27th and 31st Defendants for the purpose of constituting a panel to investigate the purported allegations of misconduct against the Claimant/Applicant for seven days.”
Justice Amadi emphasised that constitutionalism and the rule of law are the bedrock of democracy, adding that all persons and authorities are expected to obey subsisting orders of court of competent jurisdiction, irrespective of perception of its regularity or otherwise.
“Given the above scenario, our legal jurisprudence enjoins the parties to obey the order of interim injunction until it is set aside or the suit is finally determined. Case laws vindicate this position,” he stated.
The Chief Judge cited the case of HON. DELE ABIODUN Vs. THE HON. CHIEF JUDGE OF KWARA STATE & 3 ORS. (2007) 18 NWLR, 109-169, where a Chief Judge who proceeded to set up a five-man panel to investigate allegations despite a subsisting restraining order was “roundly condemned in strong language” and the entire proceedings were voided by the Court of Appeal.
He quoted the appellate court’s judgment: “I liken the scenario created by the Chief Judge to the position of a chief priest and custodian of an oracle turning round to desecrate the oracle. The Chief Judge of the State who is the custodian and head of the judicial arm of the State, ought to abide by the Laws of the State, nay the land…”
Justice Amadi further noted that the Speaker had lodged appeals against the interim orders at the Court of Appeal, Port Harcourt Division, adding that his office was served with the Notices of Appeal on January 19 and 20, 2026.
“By the doctrine of ‘lis pendens’, parties and the court have to await the outcome of the appeal,” he stated.
The Chief Judge concluded by stating that his hand was fettered due to the subsisting interim orders and appeals.
“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,” Justice Amadi stated.
He expressed hope that the Speaker and members of the Rivers State House of Assembly would be “magnanimous enough to appreciate the legal position of the matter.”
The development follows the Rivers State House of Assembly’s resolution to commence impeachment proceedings against Governor Fubara and Deputy Governor Odu over allegations of gross misconduct. The Assembly had written to the Chief Judge on January 16, 2026, requesting the appointment of a seven-man investigative panel pursuant to Section 188(5) of the 1999 Constitution.
Hon. Justice Simeon C. AmadiHowever, Governor Fubara and Deputy Governor Odu swiftly approached the court and obtained interim orders restraining the Chief Judge from acting on the Assembly’s request.
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