DDM NEWS has learnt that the political temperature in Rivers State has risen sharply as the Rivers State House of Assembly firmly rejected reports of an alleged move to obtain court orders aimed at halting the ongoing impeachment process against Governor Siminalayi Fubara. In a strongly worded statement that signals an escalation in the power struggle between the legislative and executive arms of government, the Assembly insisted that no court order, especially one procured through what it described as “subterranean and unconstitutional means,” can lawfully stop it from carrying out its constitutional responsibilities.
The lawmakers raised alarm over intelligence reports suggesting that individuals allegedly linked to the executive arm of government are working behind the scenes to secure ex parte court orders from Rivers State High Courts sitting outside Port Harcourt, the state capital, in a bid to frustrate the Assembly’s actions. According to the House, such efforts amount to a direct assault on the 1999 Constitution of the Federal Republic of Nigeria (as amended) and an attempt to undermine democratic governance.
Speaking on behalf of the Assembly, the Chairman of the House Committee on Information, Petitions and Complaints, Dr. Enemi Alabo George, made it clear that the Rivers State House of Assembly would not be deterred by what he described as desperate legal maneuvers designed to obstruct the impeachment process. He stressed that any such court order, if issued, would be null and void, having no legal effect on the constitutional powers of the legislature.
DDM NEWS reports that Dr. George’s statement was not merely a reaction to rumors but a preemptive warning, reflecting deep concerns within the Assembly that certain political actors are attempting to weaponize the judiciary to stall or derail legislative proceedings. He emphasized that impeachment is not a political vendetta but a constitutional process clearly outlined in Nigeria’s supreme law, and as such, it cannot be suspended by judicial shortcuts.
According to the Assembly, Section 272(3) of the Constitution explicitly limits the jurisdiction of state High Courts in matters relating to whether the tenure of a governor, deputy governor, or member of a House of Assembly has ceased or become vacant. The section provides that, subject to certain provisions, only the Federal High Court has the authority to determine such questions. By implication, any attempt to secure restraining orders from state High Courts, particularly through ex parte applications, would be in direct violation of the Constitution.
Even more critical, the lawmakers cited Section 188(10) of the Constitution, which expressly bars courts from entertaining or questioning any proceedings or determinations of the House of Assembly or the impeachment panel once the process has commenced. This provision, according to the Assembly, was deliberately designed by the framers of the Constitution to protect the independence of the legislature and prevent undue interference from other arms of government.
Dr. George further reminded the public that the courts themselves have repeatedly affirmed this constitutional position. He referenced recent judgments of the Court of Appeal, including cases arising from Rivers State, where similar ex parte orders issued by state High Courts were struck down for lacking jurisdiction. These judicial precedents, he said, leave no room for ambiguity and should serve as a warning to anyone contemplating a repeat of such actions.
DDM NEWS understands that the impeachment process currently underway follows the formal service of Notices of Allegations of Gross Misconduct on the affected office holders. Under the Constitution, once such notices are served, the next step is for the accused officials to respond to the allegations item by item. The Assembly insists that this is the only lawful and honorable path available, rather than resorting to what it described as “running from pillar to post” in search of court injunctions.
In a particularly pointed section of his statement, Dr. George accused unnamed actors of attempting to malign the Assembly through proxies and media attacks, rather than confronting the allegations directly. He warned that such tactics only deepen political tension and erode public confidence in democratic institutions.
“The Rivers State House of Assembly has received credible information of plots by certain persons to utilize some Rivers State High Courts, especially outside the Port Harcourt Judicial Division, to issue ex parte orders to illegally stop the House from performing its constitutional duties,” Dr. George stated. “These persons are fully aware of the provisions of Section 272(3) and Section 188(10) of the Constitution, yet they continue to explore unlawful options.”
He described the alleged plot as “dead on arrival,” insisting that the Assembly remains resolute and legally fortified. According to him, no amount of legal gymnastics can override the clear provisions of the Constitution or the collective will of elected lawmakers acting within the law.
DDM NEWS reports that the Assembly also used the opportunity to appeal for restraint, urging those allegedly behind the moves to reconsider actions that could plunge the state into deeper political crisis. The lawmakers stressed that Rivers State has already endured significant political instability and that further attempts to undermine constitutional processes could have far-reaching consequences.
The statement emphasized that impeachment, though a grave and sensitive procedure, is a legitimate constitutional mechanism meant to ensure accountability in governance. It is not, the Assembly argued, an act of hostility against the executive but a safeguard built into the democratic system to check abuse of power.
“All that is required is for the office holders who have been duly served with the Notice of Allegations of Gross Misconduct to respond accordingly,” Dr. George said. “There is no justification for deploying underground tactics, seeking questionable court orders, or using media proxies to attack the integrity of the Rivers State House of Assembly.”
Observers say the firm stance taken by the Assembly reflects a broader struggle over the balance of power in Rivers State, where tensions between the legislative and executive arms have been simmering for months. DDM NEWS gathered that political analysts are closely watching how the situation unfolds, as it could set significant precedents for legislative-executive relations not only in Rivers State but across Nigeria.
Legal experts contacted by DDM NEWS note that the Assembly’s reliance on constitutional provisions and appellate court precedents places it on strong legal footing. They argue that while courts have an essential role in interpreting the law, the Constitution deliberately insulated impeachment proceedings from judicial interference to preserve the separation of powers.
At the same time, civil society groups have urged caution, calling on all parties to prioritize dialogue, transparency, and adherence to due process. They warn that prolonged political conflict could distract from governance and worsen the socio-economic challenges facing the state.
As the drama continues to unfold, the Rivers State House of Assembly has made it abundantly clear that it will not retreat from its constitutional mandate. The lawmakers insist that the rule of law must prevail, not selective interpretations designed to serve narrow political interests.
DDM NEWS will continue to monitor developments surrounding the impeachment process, the response of the executive arm, and any judicial actions that may arise. For now, the Assembly’s message is unequivocal: no court order, especially one obtained through questionable means, can stop Governor Fubara’s impeachment once the constitutional process has been activated.
In concluding his statement, Dr. George reaffirmed the Assembly’s commitment to democratic principles and constitutional governance. “We remain steadfast in our allegiance to the Constitution and the rule of law,” he said. “May God bless Rivers State and the Federal Republic of Nigeria.”
As Rivers State stands at a critical political crossroads, the coming days are likely to test the resilience of its democratic institutions and the willingness of political actors to submit to the supremacy of the Constitution. DDM NEWS will keep readers informed as events continue to unfold.