Fubara: How to Impeach State Governor, Deputy Governor in Nigeria

• The Rivers house of assembly has commenced an impeachment move against Siminalayi Fubara, governor of the state, and Ngozi Odu, his deputy, after accusing them of gross misconduct
• Legit.ng reports that impeachment is when elected government officials such as the president, vice-president, governors, and deputy-governors are lawfully removed from office before the end of the tenure of office
• A legal practitioner explains how to impeach state governor and deputy governor in Nigeria

Legit.ng journalist Ridwan Adeola Yusuf has over 9 years of experience covering politics, elections, and governance in Nigeria.

Port Harcourt, Rivers state - On Monday, March 17, the Rivers state house of assembly served a notice of gross misconduct against Governor Siminalayi Fubara.

The state lawmakers also served a notice to Fubara's deputy, Ngozi Odu.

Legit.ng reports that the development could culminate in the impeachment of the embattled governor.

A lawyer, Ridwan Oke, explained the procedure the house must follow:

Read also

Rivers Crisis: Lawmakers loyal to Wike raise fresh allegation against Fubara

1. A Governor/Deputy Governor can only be removed in accordance with Section 188 of the Constitution.

2. There must be a Notice in writing of such allegation against them signed by not less than one-third of the Members of the House of Assembly which must be presented to the Speaker stating that the holder of such office is guilty of gross misconduct in the performance of their functions. The particulars must be specified.

3. Within 7 days of the receipt of such notice, the Speaker shall ensure that a copy of the Notice is served on the Office holder and each member of the House of Assembly. Within 14 days of the Presentation of the Notice, (whether or not any statement was made by the Office holder in reply to the allegation), the House shall also resolve by motion whether to investigate the allegations. The said Motion must be passed by at least two-third majority of members of the House.

Read also

Breaking: Impeachment fever grips Rivers as lawmakers serve misconduct allegation notice on Fubara

4. Within 7 days of the motion, the Chief Judge shall at the request of the Speaker appoint a panel of seven persons who are of unquestionable integrity, who are not members of any public service, legislative house or party to investigate the allegations.

5. The holder of the office under investigation shall reserve the right to defend themselves before the panel by a Legal Practitioner of their choice and the panel must report its findings to the House Within three months of its appointment.

It becomes dicey here:

6. Where the Panel reports that the allegation has not been proven, no further proceedings are required. Where it reports otherwise, the House shall within 14 days consider the report and by a motion supported by two-thirds of all its members remove the office holder.

7. No proceedings or determination of the Panel or the House shall be entertained in any court EXCEPT (INAKOJU V. ADELEKE) where the conditions listed above were not fulfilled before removal.

Read also

Wike vs Fubara: Judicial panel tackles Supreme Court over judgement on Rivers crisis, gives reason

Read more on Rivers' political crisis:

• Wike vs Fubara: Judicial panel tackles Supreme Court over judgement on Rivers crisis, gives reason
• Rivers crisis: "You are already down 2-0", Wike asks Fubara tough question
• Rivers crisis: What Wike’s visit shows after remarks about Ijaw nation, analyst explains

Rivers crisis: Lawmakers blast Fubara

Earlier, Legit.ng reported that the Rivers state House of Assembly faulted claims by Fubara that he was blocked from entering the chamber to re-present the state 2025 appropriation bill.

The House said it never received any official communication from the governor indicating his interest in bringing the budget to the floor of the legislative chamber.

Enemi George, the spokesperson for the house and chairman of the house committee on information, who stated this, added that the claims of Governor Fubara were a mere comedy skit scripted to paint the House in bad light.

Source: Legit.ng