Lawyer, Godspower Egbule has said Fubara’s impeachment proceedings must strictly follow constitutional provisions, warning that court intervention at an early stage would be premature.
Speaking on ARISE News on Monday, Egbule said, “At this point, it would be too hasty for anybody to reach the court,” adding that, “The three arms of government are circumscribed by the provisions of the Constitution.”
“It would be ultra vires for the legislature to make moves that are outside the provisions of the Constitution. It would also be ultra vires by the judge and the court to make orders that are outside the provisions of the Constitution.”
He anchored his argument on Section 188 of the Constitution, describing the impeachment process as clearly defined and sequential. “Section 188 is clear. First, a third majority, a notice of impeachment, is given to the Speaker. The Speaker sends a notice of impeachment to the governor. After that, by a motion of a third majority, that motion is now adopted by the House of Assembly and sent to the Chief Judge to set up a seven-man panel,” he said.
Egbule addressed claims by governor Fubara that he had not received a notice of impeachment, noting apparent contradictions in public remarks. “The governor said he did not receive the notice. But during a public meeting, the governor euphemically said he got the love letter from them. He didn’t say he got it,” he stated.
On the role of the panel, Egbule stressed that it exists to guarantee fairness to all parties involved. “If you take a look at the provisions of Section 180, the panel would always give fair hearing to all the parties that are concerned. The governor even has a right to be represented by the legal practitioner of his choice,” he said.
He maintained that disputes over impeachment allegations should be resolved through the constitutionally established panel rather than the regular courts at an early stage. “This procedure we’re having will get to the place where it culminates to a panel being settled. That panel is a seven-man panel who now investigates the allegations of gross misconduct,” Egbule said.
Warning against actions outside constitutional boundaries, he said, “It would be ultra vires for the legislature to make moves that are outside the provisions of the Constitution. It would be ultra vires for the executive to carry out acts outside the provisions of the Constitution. It would also be ultra vires by the judge and the court to make orders that are outside the provisions of the Constitution.”
Egbule also rejected narratives suggesting impeachment could be driven by trivial or fabricated reasons, insisting that the constitution outlines how allegations should be assessed. “At no point did the constitution contemplate that somebody can wake up one morning and say, I have not been signed. It’s your own side of the story against the side of the story of the House of Assembly. And that’s why you have a panel,” he said.
Addressing the definition of gross misconduct, he noted, “Constitution 188 sub 11 says gross misconduct is in the opinion of the lawmakers. The grounds constituting that gross misconduct is what you will now look at.”
He added that much of the public commentary around the impeachment lacked factual basis. “We have a lot of fabricated stories in the public space that has nothing to do with the reason why the House was formed,” Egbule said.
Egbule concluded by emphasising that impeachment is not a unilateral process but one involving multiple institutions acting within constitutional limits. “Impeachment proceedings is a collaboration between the House itself and the judiciary,” he said.
Faridah Abdulkadiri
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