Will Governor Fubara Be Impeached? Understanding the Impeachment Process in Nigeria

As tension continues to rise in Rivers State, many are wondering what the next move will be.

Last week, President Bola Ahmed Tinubu invited key leaders from the Niger Delta, including former Akwa Ibom State Governor Victor Attah and the Amanyanabo of Town-Brass Kingdom, King Alfred Diete-Spiff, urging them to intervene and persuade Governor Siminalayi Fubara to pursue peace.

He emphasised that “Rivers State is the goose that lays the golden egg”, stressing the need for stability in the region.

However, should the Speaker of the Rivers State House of Assembly, Martin Amaewhule, and the 26 lawmakers not also pursue peace? The political crisis in the state has deepened, with the Ijaw groups threatening mass protests and unrest if Governor Fubara is removed. They argue that the impeachment move is a plot against the interests of the Ijaw people. Remember that Gov. Fubara is of Ijaw descent.

At the centre of the crisis is also Fubara’s former political ally turned adversary, Nyesom Wike, the Minister of the Federal Capital Territory (FCT), and Tony Okocha, the caretaker chairman of the All Progressives Congress (APC) in Rivers State.

Their influence in the state’s political structure, particularly within the Assembly, has fueled speculation about whether Fubara’s impeachment is part of a broader political battle. Adding to the drama, Fubara’s Deputy Governor, Ngozi Odu, has also been served an impeachment notice.

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While political uncertainty looms, especially among the Ijaw people who fear potential unrest, it is essential to examine the impeachment process and whether Governor Fubara and his deputy face real risks of removal from office.

Understanding the Impeachment Process in Nigeria

In Nigeria, impeachment is a constitutional process guided by Sections 188 and 189 of the 1999 Constitution. For a governor to be impeached, the following conditions must be met:

• Presentation of Allegations: At least one-third of the members of the State House of Assembly must sign a notice of allegations against the governor. The allegations must be related to gross misconduct, as defined by the Constitution.
• Notice to the Governor: The Speaker of the House must serve the governor with the notice, allowing a response.
• Two-thirds Majority Vote to Proceed: If the governor’s response is deemed unsatisfactory, the House can pass a motion (by at least a two-thirds majority) to proceed with impeachment.
• Judicial Panel Inquiry: The Chief Judge of the state must set up a seven-member panel to investigate the allegations. The panel must complete its investigation within three months. Note that (This three-month period starts counting from when the panel is set up, not when the impeachment notice was served.)
• Final House Decision: If the panel finds the governor guilty of misconduct, the Assembly can vote again (by at least a two-thirds majority) to remove the governor from office.
• Governor’s Removal or Survival: If the required votes are secured, the governor is officially removed. If the votes fail to meet the two-thirds requirement, the impeachment attempt collapses.

Will Fubara Be Removed?

Although political instability in Rivers State is not new. While past governors have faced political opposition, no governor in Rivers history has ever been successfully impeached. For example, in 2007, then-Governor Celestine Omehia was removed from office, not through impeachment, but by a Supreme Court ruling that nullified his election, leading to Rotimi Amaechi taking over.

Given this historical precedent, some believe that Fubara may not be impeached, as political negotiations, legal battles, or presidential interventions could prevent his removal.

On the other hand, while Fubara has denied all allegations, the impeachment notice claims he engaged in gross misconduct, unauthorized financial transactions, and interference in legislative activities. However, a crucial step remains—the Chief Judge of Rivers State, Justice Simeon Amadi, has not yet constituted the seven-member judicial panel required to investigate these claims.

Until this panel is formed and submits its findings, the impeachment remains in its preliminary stages and its success depends on legal, political, and public factors. Although the 26 lawmakers pushing for impeachment have exceeded the two-thirds majority required for removal, the Chief Judge has not yet formed the judicial panel, delaying the process.

As the impeachment process unfolds, Rivers State faces a critical moment in its political history. While Governor Fubara’s survival depends on legal and political manoeuvring, the crisis highlights the need for stronger democratic institutions and conflict resolution mechanisms.

Should peace talks fail, Rivers may witness one of its most politically volatile moments in recent history, potentially affecting governance, investments, and the state’s economic stability.

As the saying goes, “Rivers is the golden state.” But will it remain stable, or will this political battle plunge it into deeper turmoil? The coming weeks will determine Fubara’s fate.