Port Harcourt, Rivers state – On Monday, March 17, the Rivers state house of assembly served a notice of gross misconduct against Governor Siminalayi Fubara.
The state lawmakers also served a notice to Fubara’s deputy, Ngozi Odu.
Legit.ng reports that the development could culminate in the impeachment of the embattled governor.
A lawyer, Ridwan Oke, explained the procedure the house must follow:
1. A Governor/Deputy Governor can only be removed in accordance with Section 188 of the Constitution.
2. There must be a Notice in writing of such allegation against them signed by not less than one-third of the Members of the House of Assembly which must be presented to the Speaker stating that the holder of such office is guilty of gross misconduct in the performance of their functions. The particulars must be specified.
3. Within 7 days of the receipt of such notice, the Speaker shall ensure that a copy of the Notice is served on the Office holder and each member of the House of Assembly. Within 14 days of the Presentation of the Notice, (whether or not any statement was made by the Office holder in reply to the allegation), the House shall also resolve by motion whether to investigate the allegations. The said Motion must be passed by at least two-third majority of members of the House.
4. Within 7 days of the motion, the Chief Judge shall at the request of the Speaker appoint a panel of seven persons who are of unquestionable integrity, who are not members of any public service, legislative house or party to investigate the allegations.
5. The holder of the office under investigation shall reserve the right to defend themselves before the panel by a Legal Practitioner of their choice and the panel must report its findings to the House Within three months of its appointment.
It becomes dicey here:
6. Where the Panel reports that the allegation has not been proven, no further proceedings are required. Where it reports otherwise, the House shall within 14 days consider the report and by a motion supported by two-thirds of all its members remove the office holder.
7. No proceedings or determination of the Panel or the House shall be entertained in any court EXCEPT (INAKOJU V. ADELEKE) where the conditions listed above were not fulfilled before removal.
