The Rivers State High Court, Oyigbo Division, sitting in Port Harcourt has on Friday suspended its order restraining the state’s Chief Judge from acting on the request of the State House of Assembly to set up a panel to probe allegations of misconduct against Governor Siminalayi Fubara and Deputy Governor Ngozi Odu.
The court subsequently adjourned indefinitely its hearing of the suit filed by the governor and the deputy governor challenging the impeachment process initiated against them by the State Assembly.
Justice Florence Fiberesima had, on January 16, issued the interim injunction barring Chief Judge Simeon Amadi from acting on the motion of the House requiring him to raise a seven-man panel to probe the governor and his deputy for alleged gross misconduct.
Defendants in the suit are Speaker, Martins Amaewhule and 32 others.
The order specifically restrained the Chief Judge from receiving, forwarding, considering and or however acting on any request, resolution, articles of impeachment or other document or communication from the first to the 27th defendant for the purposes of constituting a panel to investigate the purported allegations of misconduct against the governor and his deputy for seven days.
Justice Fiberesima after issuing the order adjourned the matter to Friday for mention.
However, when the case came up on Friday, the lead counsel to the Speaker and the other lawmakers, Mr. S. I Amen (SAN) told the court that there were appeals on the case at the Court of Appeal and pleaded that that further hearing be suspended pending the determination of the appeal.
The lead counsel to the plaintiffs, Mr. Paul Orikoro (SAN) and that of the 28th,29th and to 30th defendants, Lawrence Oko-jaja raised no objection.
In her ruling, Justice Fiberesima adjourned the case sine die.
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She said the indefinite adjournment was to allow the Court to determine the suit before it.
The Chief Judge, Justice Simeon Amadi had, in a letter dated January 20th and addressed to the Speaker, explained why he could not set up a panel to investigate allegations of ‘gross misconduct’ leveled against the governor and his deputy.
Justice Amadi said his office received two separate injunctions in respect of the subject matter, which tied his hands.
He said: “Constitutionalism and the rule of law are the bedrock of democracy, and all persons and authorities are expected to obey subsisting orders of a court of competent jurisdiction, irrespective of perception of its regularity or otherwise.
“Given the above scenario, our legal jurisprudence enjoins the parties to obey the order of interim injunction until it is set aside or the suit is finally determined.”
“I liken the scenario created by the Chief Judge to the position of a chief priest and custodian of an oracle turning round to desecrate the oracle. The Chief Judge of the state, who is the custodian and head of the judicial arm of the state, ought to abide by the laws of the state, nay the land…”
“By the doctrine of ‘lis pendens’, parties and the court have to await the outcome of the appeal.
“In view of the foregoing, my hand is fettered, as there are subsisting interim orders of injunction and appeal against the said orders. I am therefore legally disabled at this point from exercising my duties under Section 188(5) of the Constitution in the instant.
“It is hoped that the Rt. Hon. Speaker and the honourable members of the Rivers State House of Assembly will be magnanimous enough to appreciate the legal position of the matter.”
The allegations against Fubara and Odu are:
* Reckless and unconstitutional expenditure of public funds
* Unconstitutional misappropriation of public funds
* Hindering the legislative arm from performing its constitutional duties
* Unlawful by passing the legislature in the appointment of persons contrary to the provisions of the constitution
* Seizure of salaries and funds meant for assembly members
* Seizure of salaries of the clerk of the state house of assembly, Emeka Amadi
* Refusal to implement provisions of the constitution on financial autonomy of the legislature and the judiciary
* Withholding funds meant for the running of the House of Assembly Service Commission and hindering its activities.
