The Rivers State House of Assembly has initiated impeachment proceedings against Governor Siminalayi Fubara, citing gross misconduct and violations of the Nigerian Constitution. Twenty-six members of the Assembly submitted a notice to Speaker Martin Amaewhule, outlining a litany of allegations against the governor, including the unlawful spending of public funds without a duly passed appropriation law, obstructing the Assembly’s functions, and defying court orders. The lawmakers’ actions are based on Section 188 of the 1999 Constitution, which provides for the impeachment of a governor. The move represents a significant escalation of the power struggle between the executive and legislative branches in Rivers State.
At the heart of the dispute lies the 2024 Appropriation Bill. The Assembly accuses Governor Fubara of failing to present the bill for their consideration, a direct violation of Section 121 of the Constitution. Furthermore, the governor allegedly authorized withdrawals from the state’s Consolidated Revenue Fund without the required appropriation law, contravening Section 120. This, coupled with expenditures made after the Assembly declared a shutdown on government spending, further exacerbates the financial impropriety allegations. The Assembly emphasizes that the governor’s actions have consistently disregarded court judgments, including a Federal High Court ruling that declared the purported passage of the 2024 Appropriation Bill void and ordered its proper presentation.
The Assembly’s accusations extend beyond budgetary matters to encompass direct interference with the legislature’s operations. Governor Fubara stands accused of hindering the Assembly’s constitutional duties, culminating in the demolition of the Assembly’s chamber and auditorium. This act, carried out despite a court order preserving the Assembly complex, underscores the gravity of the alleged disregard for the rule of law. The Assembly points to subsequent court judgments condemning the demolition as further evidence of the governor’s unlawful actions. The Supreme Court, in a separate case, took judicial notice of the demolition, characterizing it as a “gross violation” of a court order and part of a pattern of attacks on the constitution and the rule of law by the governor.
The governor’s alleged disregard for legal processes also extends to appointments. The Assembly alleges that numerous appointments were made without the constitutionally required screening and confirmation by the House. This includes the appointment of commissioners and members of various state bodies, such as the Bureau on Public Procurement and the Local Government Service Commission. The Assembly contends that Governor Fubara knowingly bypassed their authority, despite court orders explicitly mandating that all nominations and requests be directed to the Assembly under Speaker Amaewhule’s leadership. These actions, according to the Assembly, constitute contempt of court and further demonstrate a pattern of circumventing established legal procedures.
The dispute has also taken a personal dimension, with allegations that Governor Fubara withheld salaries of Assembly members as a retaliatory measure. The Assembly alleges that the governor seized their salaries and funds allocated to the Assembly’s operations, in violation of a Federal High Court judgment ordering the release of such funds. This financial squeeze, coupled with the aforementioned demolition of the Assembly complex, is depicted by the lawmakers as a deliberate attempt to cripple the legislature’s function and stifle its oversight role. The Assembly contends that these actions are designed to undermine the separation of powers and solidify the governor’s control over the state’s affairs.
In their notice to the Speaker, the Assembly members conclude that Governor Fubara’s actions demonstrate an unwillingness to govern according to the Constitution and his oath of office. They cite a Supreme Court observation that the governor’s actions, motivated by a fear of impeachment, constituted an attack on the government, the Constitution, and the rule of law. The impeachment notice presents a detailed account of the governor’s alleged misconduct, painting a picture of executive overreach, disregard for court orders, and a systematic undermining of the legislative branch. The Assembly’s decision to initiate impeachment proceedings signifies a critical juncture in the political landscape of Rivers State, with the potential for significant consequences for both the governor and the state’s governance.
