Fubara's impeachment should come with due processes - lawyers stated.
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On Monday, the senior legal practitioner reviews the notice of misconduct which was given to Governor Siminalaye Fubara, by the State House of Assembly of River State.
The lawyer who noted that despite such notice as a precursor to the initiation of an impeachment proceeding, urged the River State Assembly to ensure that compliance to the rule of law is maintained.
The Senior Advocate of Nigeria, SAN, by name Mr. Dayo Akinlaja, said: “It is within the prerogative of the State House of Assembly to issue notice of impeachment to the Governor and or the Deputy.
“However, it does not end there. The Constitution does not give the legislature the exclusive power to initiate and conclude impeachment process against the executive.
“That being so, we will have to wait with bated breath to see how the started process will eventually pan out. May justice prevail in this regard.”
He said: “The 1999 Constitution, as altered, is the grundnorm, the fons et origo and source of every other law and authority in the legal system. It must be followed sensu stricto.
“What the Rivers Assembly has done so far is in line with sanction 188 of the Constitution which provided that at least one-third of the State House of Assembly members must sign a notice of allegation that would be presented to the Speaker and then served on the governor.
“The law also recognised that the governor must be accorded fair hearing. He must be allowed to exercise his right of reply, following which the Assembly can then vote on whether it would proceed further or not.
“For the issue to proceed further, the endorsement of a two-third majority of the lawmakers would be required.
“The Chief Judge of the state would still be required to appoint a seven-member panel of individuals with unquestionable integrity to investigate any allegation against the governor and hid deputy.
“Dismissal of the allegation would mean an end to the whole impeachment process. But if the panel finds that there is merit in the allegations, then a two-third majority of the Assembly would be required to vote again to impeach the governor.
“So, you can see that there are enough safeguards provided by the Constitution.
“For me, there is nothing for Fubara to be jittery about, for now. What was served on him was only a query. His answer will determine the next step.
“I’ll however urge members of the Rivers State Assembly to sheath the sword in the interest of the state and its people.”
Governor Fubara was at liberty to approach the court to challenge any unlawful action of the Rivers State House of Assembly, a lawyer by name Mr. Nwokedi Eziama expressed.
“The right to a fair hearing is sacrosanct. Governor Fubara should go to court if he feels that his constitutionally guaranteed rights are being threatened.
“I will advice him to seek judicial intervention before it is too late, more so, when there are pending litigations on the status of the lawmakers that have served him with the notice of misconduct.
“He can obtain preservative orders, pending the determination of the cases in court,” he added.
IMr. Mohammed Abeny, SAN, while responding to the River State, simply said: “Let us watch and see how they (Rivers Assembly) go about it, when they are on indefinite recess.”
