The Chief Judge of Rivers State, Justice Simeon Amadi, has declined to establish a judicial panel to investigate Governor Siminalayi Fubara, citing an existing court order.
The Rivers State House of Assembly had requested the Chief Judge to form a seven-member panel to probe allegations of gross misconduct against Fubara and his deputy, Ngozi Odu.
However, in a letter dated January 20 and addressed to the Speaker of the House, Martins Amaewhule, Justice Amadi referenced two court orders that prevent him from receiving, forwarding, or considering requests to create such a panel. The orders were served to his office on January 16, 2026, and remain in effect.
The Chief Judge emphasised that constitutionalism and the rule of law mandate all authorities to comply with existing court orders, regardless of their views on the orders’ validity. He pointed to legal precedents, highlighting that in a similar case in 2007, the Chief Judge of Kwara State faced condemnation for disregarding a restraining court order when forming an investigative panel, a decision later overturned by the Court of Appeal.
Justice Amadi noted that the Speaker has filed an appeal against the court orders at the Court of Appeal, adding another layer to the ongoing legal proceedings related to the allegations.
“By the doctrine of ‘lis pendens’, parties and the court must await the outcome of the appeal,” he stated.
He further explained that the existence of the injunctions and the pending appeal has effectively restricted his ability to act.
“In view of the foregoing, my hands are tied, as there are subsisting interim orders of injunction and an appeal against those orders. I am therefore legally unable at this moment to fulfil my duties under Section 188(5) of the Constitution in this instance,” he articulated.
Justice Amadi urged lawmakers to recognise the legal constraints surrounding the situation, appealing for their understanding and asking the state assembly to be “magnanimous enough to appreciate the legal position of the matter.”
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