By Odimegwu Onwumere
Under Section 188 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), the Rivers State House of Assembly’s decision to serve a notice of gross misconduct against Governor Sir Siminalayi Fubara and his deputy, Ngozi Odu, is legally justifiable but apparently, politically motivated.
This section explains how to impeach someone and says that if there are allegations of gross misconduct in the performance of official duties, a notice can be served. The assembly’s action aligns with constitutional provisions, which require that such notices be formally presented when a significant number of lawmakers (in this case, 26 out of 32 members) support the allegations.
Fubara and Odu face a number of serious allegations in the notice. These include:
Fubara is accused by the assembly of reckless and unconstitutional spending of public funds. It is alleged that he hindered or obstructed the operations of the Rivers State House of Assembly, which is an essential function within a democratic government structure. The governor is also accused of making appointments to government positions without following the rules, specifically by ignoring the requirements for screening and confirmation. There are claims regarding the seizure of salaries and allowances belonging to the assembly and its officials, including the Clerk.
These allegations are serious enough to warrant an investigation as per constitutional guidelines. Upon serving the notice, Speaker Martin Amaewhule indicated that it was forwarded to Governor Fubara for his response within 14 days. This procedural step is crucial as it ensures that due process is followed before any further actions are taken regarding potential impeachment. After receiving such a notice, the assembly must decide unanimously by motion under Section 188(3) of the Nigerian Constitution whether to investigate the allegations.
It is no longer news that the political context surrounding this situation adds another layer to its complexity. Given his past conflicts with former Governor Nyesom Ezenwo Wike – CON, GSSRS, the relationship between Governor Fubara and certain assembly factions has been strained. Given this context, it is possible that allegations of misconduct have justifiable grounds, but political considerations may also influence the outcome of these proceedings. Based on Section 188, the Rivers State House of Assembly’s action to serve a misconduct notice on Fubara is constitutionally valid, and its members gave it a lot of support.
That as it may, as with many political processes, it will be essential to monitor how these proceedings develop in light of both legal standards and political dynamics. Fubara can take a few strategic steps to effectively respond to the notice of gross misconduct issued by the Rivers State House of Assembly. The legal framework provided by Section 188 of the Nigerian Constitution and the political context surrounding his situation serve as the basis for these steps.
Upon receiving the notice of gross misconduct, Fubara should formally acknowledge its receipt. This acknowledgement can be made in a letter to the Speaker of the House of Assembly stating that the allegations against him have been received and understood. Fubara has the right to respond to each allegation made in the notice. He should prepare a comprehensive written response addressing all points raised in the misconduct notice.
Fubara should hire an attorney with experience in administrative and constitutional law. He can get through this difficult situation with the help of legal professionals, who will make sure his rights are protected throughout the impeachment process. If he believes that there is merit in addressing these allegations further, Fubara can request a hearing where he can present his case before a panel if one is established following a successful motion for investigation by two-thirds of assembly members.
He would be able to directly defend himself and provide additional evidence as a result of this. Fubara ought to focus on gaining the support of other Rivers State stakeholders and political leaders. Building alliances with influential groups or individuals could help sway opinions in favor of his administration and potentially mitigate impeachment efforts.
Good luck.
~Odimegwu Onwumere
