A constitutional lawyer and human rights advocate, Festus Ogwuche, has described the interim injunction issued by the Rivers State High Court to halt the impeachment process against Governor Siminalayi Fubara and his deputy, Ngozi Odu, as a lawful, cautious, and constitutionally grounded decision.
Speaking during an interview on Arise News on Sunday, Ogwuche explained that the decision of the governor and his deputy to seek judicial intervention through an ex parte application was not only permissible under the law but also necessary to protect the integrity of constitutional governance. According to him, the courts exist as guardians of due process and are empowered to step in when constitutional procedures appear threatened.
He noted that approaching the court for an ex parte order was a strategic and legitimate step, stressing that such applications are well recognised within Nigeria’s constitutional framework. The court’s decision to grant the interim order, he said, reflects its responsibility to prevent potential abuse of process until all parties are properly heard.
Ogwuche further clarified that while impeachment is primarily a legislative function, it is not immune from judicial review. Where there are signs that constitutional requirements have been ignored or breached, the courts have the authority to examine the process. He emphasized that even minor deviations from constitutionally prescribed procedures can render an impeachment exercise invalid.
Describing impeachment as a strictly regulated and time-sensitive constitutional mechanism, Ogwuche stressed that adherence to laid-down procedures is not optional. He explained that the injunction granted by the court is preservatory in nature, designed to maintain the status quo while the substantive issues are thoroughly examined.
According to him, the purpose of the ex parte order is not to permanently stop the impeachment process but to pause it temporarily. This pause allows the court to carefully review the application and determine whether due process has been followed before any irreversible steps are taken.
Ogwuche also cautioned against the misuse of impeachment as a political tool, warning that it should never be trivialized or deployed for vendettas or intimidation. He described impeachment as one of the most serious constitutional actions, deserving of the utmost respect and caution.
In support of his position, he referenced the Supreme Court’s ruling in the impeachment case involving former Adamawa State Governor, Murtala Nyako. He recalled that the apex court emphasized the gravity of impeachment and warned against its use for political blackmail or as a means of settling scores.
Addressing arguments that Section 188(10) of the 1999 Constitution prevents courts from intervening in impeachment matters, Ogwuche rejected such claims. He explained that the provision only applies after an impeachment process has been fully completed in strict compliance with constitutional requirements.
According to him, once any constitutional process is still ongoing and there are allegations of procedural violations, the courts retain the power to intervene. It is only when the process has been concluded without any infraction that judicial review is barred.
In Ogwuche’s view, the Rivers State High Court’s intervention reflects a commitment to upholding the rule of law and ensuring that constitutional safeguards are respected in the exercise of legislative powers.
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