Constitutional Setbacks May Stall Fubara Impeachment as Rivers Assembly Fails to Reconvene

Download Post

The impeachment proceedings against Rivers State Governor, Sir Siminalayi Fubara, and his deputy, Prof. Ngozi Odu, suffered significant setbacks on Thursday as the Martin Amaewhule-led House of Assembly failed to reconvene for plenary amid internal divisions and procedural flaws.

The Assembly had adjourned its last sitting to Thursday, January 15, 2026, after lawmakers initiated impeachment proceedings over allegations of gross misconduct, including the demolition of the Assembly complex and alleged extra-budgetary spending. However, the temporary legislative chambers along Aba Road, Port Harcourt, remained deserted throughout the day, with no lawmakers or staff present and no official explanation issued.

The stalled plenary comes amid constitutional concerns. Section 188 of the 1999 Constitution (as amended) prescribes strict timelines for impeachment, including service of the notice of allegations on the governor and passage of a motion supported by not less than two-thirds of all members to investigate the allegations within 14 days. Failure to adhere to these timelines could undermine the legitimacy of the process.

The impeachment process is also facing a procedural setback following an error in the notice served to Governor Fubara. The letter, signed by Speaker Amaewhule and dated January 8, 2026, incorrectly addressed the governor as “Madam”, while correctly addressing Deputy Governor Odu as “Madam.” Legal observers say such errors could be used to challenge the validity of the notice in court, further complicating the impeachment.

The crisis has been exacerbated by internal divisions within the Assembly. Several lawmakers have publicly withdrawn support for the impeachment, citing the need for restraint and dialogue. Two members, Barile Nwakoh (Khana I) and Emilia Amadi (Obio/Akpor II), formally withdrew their backing on Wednesday, joining other dissenters and weakening the numerical strength required to lawfully advance the proceedings.

Minority Leader Hon. Sylvanus Nwankwo and Hon. Peter Abbey have appealed for suspension of the impeachment, urging lawmakers to explore reconciliation instead. Nwankwo acknowledged alleged constitutional breaches by the executive but stressed that impeachment should not be the first option, while Abbey called for a humane and conciliatory approach to resolving the crisis.

Section 91 of the Constitution requires a minimum quorum of one-third of Assembly members for legislative business, including impeachment. With growing dissent, concerns have emerged over whether the House can meet quorum and achieve the two-thirds majority needed to sustain the motion.

There are also indications that Speaker Amaewhule may have cancelled the sitting amid reports that pro-Fubara lawmakers were mobilising to challenge his leadership, further complicating the legislative process. Efforts to reach the House Chairman on Information, Petitions and Complaints, Eneme George, for clarification were unsuccessful.

Observers say that unless the Assembly restores internal cohesion, meets quorum, and corrects procedural lapses—including errors like the misaddressed notice—the impeachment process may collapse under its own legal vulnerabilities, leaving the political crisis in Rivers State unresolved.