By Ikechukwu Nnochiri

ABUJA– Senior legal practitioners in the country, on Monday, weighed in on the notice of misconduct that was served on Governor Siminalaye Fubara by the Rivers State House of Assembly.

In separate reactions to Vanguard, the lawyers noted that though such notice is a precursor to the initiation of an impeachment proceeding, they urged the Rivers Assembly to ensure strict adherence to the rule of law.

A Senior Advocate of Nigeria, SAN, Mr. Dayo Akinlaja, said: “It is within the prerogative of the State House of Assembly to issue notice of impeachment to the Governor and or the Deputy.

“However, it does not end there. The Constitution does not give the legislature the exclusive power to initiate and conclude impeachment process against the executive.

“That being so, we will have to wait with bated breath to see how the started process will eventually pan out. May justice prevail in this regard.”

For an Abuja based human rights lawyer, Mark Oguche, section 188 of the 1999 Constitution, as amended, outlined the procedure that must be followed before a governor could be impeached.

He said: “The 1999 Constitution, as altered, is the grundnorm, the fons et origo and source of every other law and authority in the legal system. It must be followed sensu stricto.

“What the Rivers Assembly has done so far is in line with sction 188 of the Constitution which provided that at least one-third of the State House of Assembly members must sign a notice of allegation that would be presented to the Speaker and then served on the governor.

“The law also recognised that the governor must be accorded fair hearing. He must be allowed to exercise his right of reply, following which the Assembly can then vote on whether it would proceed further or not.

“For the issue to proceed further, the endorsement of a two-third majority of the lawmakers would be required.

“The Chief Judge of the state would still be required to appoint a seven-member panel of individuals with unquestionable integrity to investigate any allegation against the governor and hid deputy.

“Dismissal of the allegation would mean an end to the whole impeachment process. But if the panel finds that there is merit in the allegations, then a two-third majority of the Assembly would be required to vote again to impeach the governor.

“So, you can see that there are enough safeguards provided by the Constitution.

“For me, there is nothing for Fubara to be jittery about, for now. What was served on him was only a query. His answer will determine the next step.

“I’ll however urge members of the Rivers State Assembly to sheath the sword in the interest of the state and its people.”

On his part, another lawyer, Mr. Nwokedi Eziama, said governor Fubara was at liberty to approach the court to challenge any unlawful action of the Rivers State House of Assembly.

“The right to a fair hearing is sacrosanct. Governor Fubara should go to court if he feels that his constitutionally guaranteed rights are being threatened.

“I will advice him to seek judicial intervention before it is too late, more so, when there are pending litigations on the status of the lawmakers that have served him with the notice of misconduct.

“He can obtain preservative orders, pending the determination of the cases in court,” he added.

In his short response to the development in Rivers State, Mr. Mohammed Abeny, SAN, simply said: “Let us watch and see how they (Rivers Assembly) go about it, when they are on indefinite recess.”