By John Umeh
The Chief Judge of Rivers State, Justice Simeon Amadi, has rejected a request by the State House of Assembly to constitute a judicial panel to investigate Governor Siminalayi Fubara and his deputy, Ngozi Odu, over allegations of gross misconduct.
Justice Amadi based his decision on existing court orders that restrain him from taking any step toward setting up such a panel.
In a formal response dated January 20 and addressed to the Speaker of the House, Martins Amaewhule, the Chief Judge disclosed that his office had been served with two interim court orders on January 16, 2026. According to him, the orders expressly prohibit him from receiving, processing, or acting on any communication relating to the establishment of an investigative panel against the governor and his deputy.
He stressed that the orders are still valid and binding, noting that no public authority has the discretion to ignore a subsisting court directive.
Justice Amadi underscored that adherence to constitutionalism and the rule of law demands strict obedience to court orders, regardless of personal or institutional opinions about their merit. He cited past judicial precedents to reinforce his position, recalling a 2007 case in which the Chief Judge of Kwara State was faulted for disregarding a restraining order before setting up a similar panel—an action later nullified by the Court of Appeal.
The Rivers Chief Judge also pointed out that the Speaker of the House has already challenged the restraining orders at the Court of Appeal, a development that further complicates the situation.
Invoking the legal principle of lis pendens, Justice Amadi explained that once an appeal is pending, all parties—including the court—must refrain from actions that could prejudice the outcome.
He stated that the combined effect of the injunctions and the ongoing appeal has effectively prevented him from exercising his constitutional role under Section 188(5) of the 1999 Constitution (as amended) in relation to impeachment proceedings.
“My hands are tied by the subsisting interim orders and the appeal arising from them. I am, therefore, legally constrained from acting on the request at this time,” he conveyed.
Justice Amadi appealed to members of the House of Assembly to appreciate the legal limitations surrounding the matter and to act with restraint while the courts resolve the issues before them.
