A legal expert has weighed in on the impeachment proceedings against Governor Siminalayi Fubara of Rivers State, stating that the governor has the right to challenge the process initiated by the State House of Assembly. According to Victor Giwa, a lawyer and National Coordinator of the Advocates for People’s Rights and Justice, the removal of a governor is a discretionary matter, allowing the governor to contest the process at any stage.
In an interview on Arise Television, Giwa emphasized the importance of fair hearing in the impeachment process, citing it as a fundamental constitutional principle. He referenced Section 188(9) of the relevant legislation, which grants the governor the right to representation by himself or a counsel of his choice. Giwa stressed that if the governor has not been served with a notice of impeachment, the process cannot proceed.
The lawyer’s comments come as Governor Fubara faces impeachment proceedings, with the governor claiming he has not received any notice of the proceedings. Giwa argued that the court’s primary concern should be whether the governor has been duly notified, as this is a crucial aspect of the impeachment process. If the governor has been served, the process can continue, but if not, the proceedings may be deemed invalid.
The impeachment process is a serious constitutional matter, and the principles of fair hearing and due process must be strictly adhered to. The Nigerian Constitution outlines the procedures for removing a governor, and any deviations from these procedures can render the process null and void. As the situation unfolds, it remains to be seen how the court will rule on the matter and whether Governor Fubara’s challenge to the impeachment proceedings will be successful.
The impartial application of the law and the protection of the rights of all parties involved are essential in this case. The outcome will not only have significant implications for Governor Fubara and the people of Rivers State but also contribute to the development of Nigeria’s constitutional law and the limits of legislative power. As the legal battle continues, the nation awaits the court’s decision, which will provide clarity on the impeachment process and the powers of the State House of Assembly.