IMPEACHMENT OF GOV. FUBARA IS ALREADY STATUTE BARRED – By Kingsley Chukwuma Iruba

‎The Impeachment Proceedings against Governor Fubara and his Deputy by the Members of the Rivers State House is already STATUTE BARRED

‎An impeachment proceedings is time barred.

‎The Impeachment Proceedings against Governor Fubara and his Deputy by the Members of the Rivers State House of Assembly is already STATUTE BARRED.

‎The Supreme Court has consistently held that impeachment proceedings required STRICT COMPLIANCE with the provisions of the Constitution.

‎In Inakoju v. Adeleke (2007) 4 NWLR (PT. 1025) 432 and Dapianlong v. Dariye (2007) PT. 1036) 332, the Supreme Court held that where the House of Assembly fails to STRICTLY COMPLY with CONSTITUTIONAL REQUIREMENTS -such as: a valid two-thirds majority for the initial resolution, or proper service of notice on the affected Executive, etc the Courts have jurisdiction to intervene and stop the Chief Judge from proceeding.

‎NOTE that the Order only restrained the Chief Judge of Rivers state not to act on the request from the Speaker of the Rivers State House of Assembly.

‎By virtue of Section 188(5) of the 1999 Constitution of the Federal Republic of Nigeria (as amended), the Chief Judge shall at the request of the Speaker of the House of Assembly appoint a Panel of seven person WITHIN SEVEN (7) DAYS of the passing of a motion for impeachment.

‎Recall that the Rivers State House of Assembly moved the motion to impeach the Governor Fubara and his Deputy on the 8TH DAY of JANUARY, 2026.

‎Thus, the Chief Judge of Rivers State has SEVEN (7) DAYS to appoint the Panel of seven persons to investigate the allegations at the request of the Speaker of the House of Assembly.

‎It is also on record that it is only today being 16TH DAY of JANUARY 2026 that the Speaker of Rivers State House deemed it fit to request the Chief Judge of Rivers State to appoint the said Panel.

‎A simple arithmetic of calculating the days from 8TH DAY of JANUARY 2026 to 16TH DAY of JANUARY 2026 will give you at least EIGHT (8) CLEAR DAYS.

‎The above being the case, the request to Chief Judge by the Speaker of the House of Assembly is already statute barred together with the powers of the Chief Judge of the Rivers State House of Assembly to appoint a Panel to investigate the purported allegations.

‎Therefore any action taken by the Chief Judge of Rivers State and or the River State House of Assembly on the impeachment proceedings going forward has become unconstitutional, illegal, null and void and of no effect, and liable to be set aside; because the impeachment proceedings is now statute barred and cannot be resurrected.

‎Assuming without conceding that the seven days time, within which the Chief Judge has to appoint a Panel to investigate the allegations is still running; by virtue of the Interim Order of Court restraining him from so doing, which shall last for SEVEN (7) DAY, and shall end on the 23RD DAY of JANUARY 2026, being the date the case was adjourned to, thus the seven days granted the Chief Judge of Rivers State to appoint the Panel of investigation under the Constitution would have also elapsed.

It is obvious that:

  1. The Speaker of the Rivers State House of Assembly did not send a request to the Chief Judge of Rivers State to appoint a Panel of seven person within SEVEN DAYS of the impeachment notice; and
  2. The Chief Judge of Rivers State also did not appoint the said Penal within Seven days of the notice of impeachment.

‎Head or tail, the impeachment proceedings is already dead.

‎The Speaker of the House of Assembly killed the impeachment proceedings with his own hands by not acting within time. He shot himself on the foot. He has himself to blame.

‎The battle is over forever.

‎Congratulation to Governor Fubara and his Deputy.

Kingsley Chukwuma Iruba
16th January, 2026.

Sourced from the Internet

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