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From Tony John, Port Harcourt
The factional All Progressives Congress (APC) in Rivers State has rejected the impeachment processes against Governor Siminalayi Fubara and his deputy, Professor Ngozi Odu, by the House of Assembly.
In a statement signed by the factional spokesperson for the APC, Darlington Nwauju, the party described the impeachment proceedings as unfortunate.
The party stated: “The attention of the leadership of the All Progressives Congress in Rivers State has been drawn to the latest unfortunate developments coming out from the chambers of the Rivers State House of Assembly.
“We concede that the legislature is an independent arm in the tripod of governance, and the constitutional responsibilities of checks and balances are within their democratic purview.
“Our position as at today on this matter is that we solemnly reject the resort to an impeachment process against our governor and his deputy.”
Nwauju said it would be totally untenable for the party to keep quiet when an obvious hangover from strifes that occurred within the Peoples Democratic Party (PDP) is allowed to resurface in their party.
He said: “It is important to say to Rivers people and Nigerians that since the latest threat of impeachment centres on the budget, may we remind ourselves that under the period of emergency rule, a budget was transmitted to the National Assembly by the President and Commander-in-Chief in May 2025 which was approved by the Senate on 25 June 2025 and subsequently by the House of Representatives on 22 July 2025 for a total sum of N1.485 trillion.
“Interestingly, this budget is for one year and should run up till August 2026. And, if the governor is comfortable with the composition of the said budget, he may elect not to present any supplementary budget. Besides, the constitution allows for a six-month spending window into the new fiscal year by a state governor.
“We, therefore, strongly advise all members of the Rivers State House of Assembly, especially APC members, to resist pressures from outside the Assembly chambers to destabilise the Government of Rivers State, ably led by His Excellency Sir Siminalayi Fubara.
“Let it be known that our party will do everything possible to ensure that the Government of Rivers State, which is an APC government, is not destabilised through fratricidal disagreements.
“We, therefore, call on members of the State Assembly, especially APC members, to immediately discontinue the impeachment process in order not to drag the image of our great party to the mud and stifle the continuous progress and development of Rivers State. Let our state remain a democracy and not a politicocracy.”
Similarly, the Rivers Peace Initiative (RPI) has expressed concerns over the rising political tension in Rivers State in the last few weeks, culminating in the impeachment proceedings against Fubara and Odu.
Convener, Rivers Peace Initiative, Mr Obinna Ebogidi, in a statement, said the present impeachment moves by the House of Assembly represent a serious escalation in the state’s political space.
Ebogidi noted the constitutionality of impeachment by the House of Assembly but cautioned that such action must be guided by wisdom, responsibility and the overall interest of the citizens.
He stated: “Barely days into the new year, Rivers State is already confronted with political signals that require sober reflection and collective restraint.
“Today’s (Thursday) invocation of constitutional impeachment processes against the governor and deputy governor represents a serious escalation in the state’s political space.
“While the Constitution clearly empowers the House of Assembly to act, the manner, timing, and broader context in which such powers are exercised must always be guided by wisdom, responsibility, and the overall interest of the people.
“Over the past weeks, Rivers people have witnessed rising political tension — marked by public recriminations, symbolic actions, hardened positions, and now formal impeachment notices. Taken together, these developments suggest that the fragile peace painstakingly regained in recent months is again under strain.
“At the Rivers Peace Initiative, our concern is not about personalities or political advantage. It is about the cost to governance, development, and public confidence. When political disputes escalate unchecked, it is the ordinary citizen who bears the burden; through stalled governance, diverted focus, and renewed uncertainty.
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“Impeachment is a grave constitutional instrument. Its deployment should never be perceived as a tool of pressure or political strategy, particularly in a climate already charged with mistrust. Rivers State cannot afford another prolonged season of institutional paralysis or political brinkmanship.
“We, therefore, call for immediate de-escalation, renewed dialogue, and the involvement of respected elders, faith leaders, and neutral mediators to help rebuild trust between the Executive and the Legislature.
“Differences can be managed without humiliation. Disagreements can be resolved without destabilising the state.
“Barely at the beginning of a new year, Rivers State deserves leadership that prioritises governance over rivalry, reconciliation over recrimination, and stability over supremacy.
“Peace must not only be declared. It must be deliberately protected.”
Meanwhile, a concerned citizen, who simply gave his name as Hapijo, has said the Assembly is constitutionally empowered to impeach the governor.
According to him, the decision of the House of Assembly is firmly anchored in the Constitution of the Federal Republic of Nigeria and reinforced by authoritative decisions of the Supreme Court of Nigeria.
He said the House of Assembly’s decision is a constitutional response to grave allegations of gross misconduct, particularly the unlawful expenditure of Rivers State funds without legislative appropriation, and not an exercise in political vendetta.
He said: “Section 188 of the 1999 Constitution (as amended) expressly empowers a State House of Assembly to initiate impeachment proceedings where a governor is alleged to have committed gross misconduct. The Constitution defines gross misconduct as a grave violation or breach of the provisions of the Constitution or misconduct of such nature as amounts, in the opinion of the House of Assembly, to gross misconduct.
“The persistent authorisation or approval of public spending without recourse to an Appropriation Law constitutes a direct violation of the Constitution and falls squarely within the meaning of gross misconduct contemplated by Section 188.
“The Constitution further establishes strict legislative control over public finance. Section 120(2) provides that no money shall be withdrawn from the Consolidated Revenue Fund of a State except in the manner prescribed by the House of Assembly. Section 121 requires that all state expenditure for each financial year must be authorised by an Appropriation Law duly passed by the House of Assembly, while Section 122 permits limited spending only in narrowly circumscribed situations and does not sanction continuous or discretionary expenditure without legislative approval. Any sustained deviation from this constitutional framework amounts to fiscal lawlessness and a breach of the supreme law of the land.”
Hapijo argued further: “Judicial authority leaves no doubt as to the consequences of such constitutional breaches. In Inakoju v. Adeleke (2007) 4 NWLR (Pt. 1025) 423, the Supreme Court affirmed that impeachment is a valid constitutional mechanism for addressing gross misconduct by a governor and that the House of Assembly is constitutionally empowered to determine whether the acts complained of amount to gross misconduct, provided due process is followed. The court made it clear that executive office does not confer immunity from constitutional accountability.
“Equally instructive is the Supreme Court’s decision in A.G. Federation v. Abia State (No. 2) (2002) 6 NWLR (Pt. 764) 542, where the Court emphasised that public funds must be expended strictly in accordance with constitutional and statutory provisions and that any expenditure undertaken without legislative authorisation is illegal, unconstitutional, and void.
“More recently, the Supreme Court, in the case instituted by Martin Amaewhule and 26 others against Governor Siminalayi Fubara, arising from the constitutional crisis in Rivers State, delivered a stern rebuke of executive actions that undermined constitutional order and legislative authority.”
According to him, in that judgement, “the apex court condemned the manner in which constitutional processes were disregarded and characterised the governor’s conduct as exhibiting despotic tendencies inconsistent with democratic governance and the rule of law. The Court reaffirmed that a governor must govern within the confines of the Constitution and that any attempt to sideline or emasculate the House of Assembly, particularly in matters of lawmaking and appropriation, is unconstitutional and unacceptable.
“This judicial pronouncement is highly significant, as it underscores that executive high-handedness and disregard for constitutional limits are not merely political disputes but justiciable violations with serious constitutional consequences. It reinforces the principle that the House of Assembly is not a subordinate institution to the executive but a co-equal arm of government vested with oversight and appropriation powers.
“Against this backdrop, the commencement of impeachment proceedings by the Rivers State House of Assembly is a lawful, measured, and constitutionally sanctioned step.
“Impeachment proceedings do not amount to a finding of guilt; rather, they activate the investigative and adjudicatory process prescribed by Section 188 of the Constitution, including the constitution of an impartial panel and the right of the governor to defend himself. What would amount to a dereliction of constitutional duty is for the House of Assembly to ignore credible allegations of unconstitutional spending and executive lawlessness.
“In a constitutional democracy founded on the supremacy of the Constitution, accountability in the management of public funds is non-negotiable. The action of the Rivers State House of Assembly, therefore, represents fidelity to constitutional governance, respect for Supreme Court authority, and a commitment to safeguarding the resources and democratic institutions of Rivers State.”
