The political crisis in Rivers State has escalated as the state’s House of Assembly issued a formal notice accusing Governor Siminalayi Fubara and his deputy, Ngozi Odu, of alleged misconduct. The notice, signed by twenty-six members of the Assembly, was submitted to Speaker Martin Amaewhule on Monday.
According to the lawmakers, their actions are in line with Section 188 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), which outlines the process for impeachment and removal of a governor or deputy governor on grounds of gross misconduct. The notice alleges multiple constitutional breaches by Governor Fubara, particularly in relation to the management of state finances and governance practices.
Key Allegations Against Governor Fubara
The lawmakers detailed several accusations, citing legal and constitutional violations. The most prominent charges include:
1. Failure to Present the Rivers State Appropriation Bill, 2024
The Assembly accuses Governor Fubara of failing to present the 2024 budget before the House as mandated by Section 121(1)(2) of the Nigerian Constitution. The provision requires the governor to lay the annual budget before the state legislature for deliberation and approval.
Furthermore, the lawmakers referenced a ruling by the Federal High Court in Suit No. FHC/ABJ/CS/1613/2023, which declared that no valid Appropriation Bill for 2024 had been presented or passed into law. The court ruled that the purported presentation, passage, and signing of the budget were unconstitutional and therefore null and void. The Assembly argues that Governor Fubara has failed to comply with the ruling by not resubmitting the budget through the proper legislative process.
2. Unauthorized Withdrawals from the Consolidated Revenue Fund
The second allegation against the governor centers on financial impropriety. The lawmakers claim that Fubara authorized and approved withdrawals from the Consolidated Revenue Fund of Rivers State for the 2024 financial year without a duly passed appropriation law. This, they argue, is a direct violation of Section 120 of the Nigerian Constitution, which stipulates that no public funds should be withdrawn without legislative approval.
The implication of this allegation is serious, as it suggests that the governor may have engaged in financial mismanagement or unauthorized spending, potentially leading to legal consequences.
The accusations against Governor Fubara come amid heightened political tensions in Rivers State, which has witnessed a power struggle between different political factions. The crisis has been fueled by conflicts between the executive and legislative arms of government, with the Assembly largely aligned with former Governor Nyesom Wike, now the Minister of the Federal Capital Territory (FCT).
Observers see the impeachment threat as a continuation of the political battle between Fubara and Wike’s loyalists. The crisis deepened in late 2023 when a faction of the Rivers Assembly loyal to Wike attempted to impeach Fubara, leading to violent confrontations and intervention by President Bola Tinubu. Although a peace agreement was brokered at the time, tensions have remained high, and this latest move could reignite the standoff.
With the formal notice issued, the impeachment process may proceed if the Assembly secures a two-thirds majority vote as required by the Constitution. The next steps in the process would involve:
Setting up an investigative panel to probe the allegations.
Conducting hearings where Governor Fubara will have the opportunity to defend himself.
Voting on whether to remove him from office if the panel finds him guilty of misconduct.
However, given the volatile political atmosphere, the process may face legal and political hurdles. Fubara’s supporters may challenge the allegations in court, and the federal government could intervene to prevent an escalation of the crisis.
The allegations against Governor Siminalayi Fubara mark a critical moment in Rivers State politics. While the Assembly claims to be acting in accordance with the law, critics argue that the move is politically motivated and part of a larger power struggle. Whether the impeachment process will proceed or be stalled by legal battles and political negotiations remains to be seen.
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