A prominent Nigerian lawyer has strongly defended Rivers State Governor Siminalayi Fubara's legal standing to contest the ongoing impeachment proceedings launched by the state House of Assembly, emphasizing core principles of fair hearing and due process under the 1999 Constitution.
Victor Giwa, a lawyer and National Coordinator of the Advocates for People’s Rights and Justice, made the assertion during an interview on Arise Television, monitored by Daily Post on Tuesday, January 21, 2026. He described the removal of a governor as a discretionary process rather than an automatic one, allowing the affected leader to challenge it at any stage.
Giwa highlighted the fundamental right to fair hearing as a cornerstone of Nigeria's legal framework. He pointed directly to **Section 188(9)** of the Constitution, which states that the governor “shall have the right to be represented by himself or a counsel of his choice.” This provision, he explained, ensures the accused official receives proper notice and an opportunity to defend themselves.
“The issue of a governor’s removal is discretionary, meaning he can challenge the process at any stage,” Giwa stated. He added: “It’s a strong constitutional process for you to remove a governor. And Fubara said he has not even been served with what you are saying, because he has the right to be heard.”
The lawyer stressed that without proper service of the impeachment notice, the entire process lacks validity. “So, it is very fundamental for the court not to inquire what they are doing, but to find out if the governor has been served any notice of impeachment. So, if the governor has been served, then the process can go on,” he clarified.
This position comes amid escalating tensions in Rivers State politics, where the House of Assembly has initiated impeachment steps against Fubara and his deputy over allegations of gross misconduct. The governor has sought judicial intervention, securing interim court orders to pause aspects of the proceedings, including restraints on the Chief Judge from forming an investigative panel.
Giwa's analysis reinforces arguments that procedural compliance particularly proof of service and the right to representation is non-negotiable. Failure to adhere to these requirements could render the impeachment effort unconstitutional and open to successful legal challenge.
The ongoing crisis continues to draw national attention, with debates centering on separation of powers, judicial oversight in legislative matters, and the broader implications for democratic governance in Nigeria's oil-rich state.
#RiversImpeachment #SiminalayiFubara #ConstitutionalRights #FairHearing #Section188 #RiversPolitics #NigeriaLaw #GovernorChallenge #PoliticalCrisisNG