by The Supreme Court of Nigeria made several damning findings against Rivers State Governor Siminalayi Fubara in its two judgments delivered on February 28, 2025. These rulings arose from the prolonged political crisis that has engulfed the state since 2023. According to the Supreme Court, Governor Fubara presented a budget to only four members of the Rivers State House of Assembly, which they passed, and he subsequently signed into law.
The Supreme Court condemned the Governor’s actions, stating that he behaved like a dictator, showing no respect for the Constitution, the rule of law, and principles of good governance. Furthermore, the Court held that Governor Fubara’s actions were those of a lawless individual, unbecoming of the office he holds, particularly given his order to demolish the buildings housing the Rivers State House of Assembly.
The Supreme Court also found that Governor Fubara breached the Constitution of the Federal Republic of Nigeria ( 1999) (as amended), which he swore to protect, preserve, and defend. Additionally, the Court held that Governor Fubara prevented the Rivers State House of Assembly from convening to perform its constitutionally assigned role. The Supreme Court lamented that, effectively, there was no functioning government in Rivers State.
Some pundits believe that Governor Fubara may face impeachment proceedings due to the Supreme Court’s findings, which constitute gross misconduct under the Constitution.
Gross misconduct refers to a grave violation or breach of the Constitution or a misconduct that the House of Assembly considers serious enough to warrant removal from office. According to Section 188(11) of the Constitution, gross misconduct is subjective and determined exclusively by the House of Assembly.
The procedure for removing a governor from office due to gross misconduct is outlined in Section 188(1-10) of the Constitution. Here’s a breakdown:
Step 1: Notice of Allegation: A written notice signed by at least one-third of the House of Assembly members, stating the Governor’s gross misconduct.
Step 2: Investigation: The House of Assembly resolves to investigate the allegation, requiring a two-thirds majority vote.
Step 3: Panel Appointment: The Chief Judge appoints a seven-person panel to investigate the allegation.
Step 4: Defense and Findings: The Governor defends themselves, and the panel reports its findings to the House of Assembly.
Step 5: Removal: If the panel’s report is adopted by a two-thirds majority vote, the Governor is removed from office.
It’s essential to note that the House of Assembly has the exclusive power to determine what constitutes gross misconduct, making it a subjective decision.
The case of Governor Fubara may be a litmus test to curb the magisterial and unconstitutional manner in which governors in the country have been exercising their powers, incurring the wrath of Nigerians. It is left for the Rivers State House of Assembly to decide the best course of action to take against the Governor, whose relationship with the majority of the members has been greatly strained.
@ Okoi Obono-Obla
