A public affairs analyst, Dr. Festus Oguche, says that the impeachment of any elected political officeholder must follow due process to be legal.
Speaking to journalists on the political crisis rocking Rivers State, Dr. Oguche stated that the ex parte order filed against Governor Siminalayi Fubara’s impeachment was to maintain the status quo and order pending the determination of the motion in the court.
He explained section 188 subsection 10 of the constitution that the court has the power to look into the impeachment order to ascertain if it is served according to the laid down procedure.
“What that provision is talking about is when the entire process is done, and there is no infraction in the manner it should be, the court cannot question if the impeachment is right or wrong.
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While doing that, the court can find out whether you met the time limit, whether the notice of impeachment is properly served to the governor, whether the House of Assembly got the impeachment notice according to the provisions, or if the impeachment process follows the due process established under that particular provision of the constitution. The court has the jurisdiction even if it is not mentioned”, he stated.
Dr. Oguche lamented that the political crisis in the state has affected the growth of democracy in the state.
“Rivers people are the ones suffering, we have gladiators drawing their swords and sheathing them over and over, the president is intervening, and the Supreme Court is deciding among other determinations of several courts, and these things have not abated.
One of the component ingredients of taking an elective post is maturity and a sense of responsibility,” he concluded.
The social commentator added that the Chief Judge of Rivers State is bound to obey the court order barring him to constitute a panel to investigate and commence an impeachment process against Governor Fubara.
