A pro-democracy advocacy group has thrown its weight behind the decision of the Chief Judge of Rivers State, Simeon Amadi, to decline the constitution of a judicial panel to probe Governor Siminalayi Fubara and his deputy, Ngozi Odu, describing the move as a necessary act of constitutional fidelity in the face of subsisting court orders.
In a statement issued on Friday, the Coalition for Democratic Accountability and Rule of Law (CDARL) said the chief judge acted correctly and lawfully by declining the request of the Rivers State House of Assembly, noting that his decision was compelled by interim injunctions and a pending appeal before the Court of Appeal.
The group’s national president, Barr. Ibrahim Lawal Abdulkareem, said the chief judge’s explanation that his hands were “fettered” by court orders restraining him from taking any step connected to impeachment proceedings reflected strict adherence to the rule of law rather than political alignment.
“Justice Amadi did exactly what the Constitution and judicial ethics demand. Once a court of competent jurisdiction issues an order, every individual and institution, including the legislature and the chief judge himself, is bound by it,” Abdulkareem said.
He said the interim orders restraining the chief judge from receiving, considering or acting on any impeachment-related request left him with no lawful discretion under Section 188(5) of the Constitution, adding that any contrary action would have amounted to judicial recklessness.
According to the group, the doctrine of lis pendens, cited by the chief judge in his letter to the speaker of the assembly, is a settled principle of law designed to preserve the integrity of judicial proceedings and prevent parallel actions that could prejudice the outcome of a pending appeal.
“When a matter is before a higher court, all parties are required to maintain the status quo. The chief judge’s refusal to act while an appeal is pending is not obstruction; it is constitutional discipline,” Abdulkareem said.
CDARL warned that any attempt by the Rivers assembly to continue impeachment steps in spite of the interim injunctions and the appeal would constitute a direct assault on judicial authority and could trigger a constitutional crisis.
“The impeachment of a sitting governor is one of the gravest powers entrusted to a legislature. It is not a political shortcut and certainly not a process that can be pursued in defiance of court orders,” the statement said.
The group said the political tension in Rivers State could only be de-escalated through strict compliance with judicial directives, stressing that the courts exist precisely to arbitrate disputes between arms of government when political processes break down.
“Lawmakers weaken democracy when they treat court orders as inconveniences to be bypassed. The judiciary is not an obstacle to governance; it is the stabilising referee in moments of institutional conflict,” Abdulkareem said.
CDARL noted that history has shown that constitutional breakdowns often begin with the casual disregard of interim court orders, warning that Rivers State must not repeat such mistakes.
“When elected officials begin to pick and choose which court orders to obey, the rule of law collapses. What follows is institutional paralysis, loss of public confidence and prolonged instability,” the group said.
The coalition urged the Rivers assembly to heed the chief judge’s appeal for restraint and to await the outcome of the appeal at the Court of Appeal before taking any further steps.
“The chief judge’s request for understanding was not a plea; it was a reminder that no arm of government is above the law. Constitutional patience is not weakness; it is the price of democratic survival,” Abdulkareem said.
The group emphasised that its position was not a defence of any political officeholder but a principled stand in support of judicial independence and constitutional order.
“This is not about Governor Fubara or any individual. It is about protecting the integrity of institutions. Today, it is the judiciary being pressured; tomorrow, it could be the legislature itself,” the statement said.
CDARL also called on political parties, national leaders and influential actors to refrain from encouraging actions that could undermine the authority of the courts, warning that silence in moments of constitutional stress often enables democratic erosion.
“The true test of democracy is obedience to the law when it is inconvenient. Rivers State must choose legality over expediency,” the group said.
“The legislature cannot credibly claim to defend constitutional order while acting in open disregard of judicial restraint. That contradiction is dangerous and unsustainable.”
