How impeachment works and who becomes governor if Fubara, deputy removed

Political tensions in Rivers State intensified on Monday as the State House of Assembly issued a notice of gross misconduct against Governor Siminalayi Fubara and his deputy, Ngozi Ordu. This move formally initiated an impeachment process against the embattled governor and his deputy.

The oil-rich state has been embroiled in a political crisis since October 2023, with the state assembly at the centre of the turmoil. The dispute stems from a rift between Fubara and his predecessor, Nyesom Wike, who now serves as the minister of the Federal Capital Territory. Despite intervention efforts, including a political resolution attempt by President Bola Tinubu, the crisis remains unresolved.

The situation took a new turn following a recent Supreme Court judgment that strengthened the position of the Martin Amaewhule-led Assembly against Fubara and his allies.

In the notice served on Monday, pro-Wike lawmakers outlined 19 allegations of impeachable offenses and constitutional breaches against the governor.

See the 19 impeachable allegations levelled against Fubara here

Constitutional grounds for impeachment

As stipulated in Section 188 of the 1999 Constitution (as amended), a state House of Assembly holds the power to impeach a governor and deputy governor. However, the process must follow strict constitutional guidelines.

The constitution mandates that a written notice of allegations, signed by at least one-third of the House members, must be presented to the speaker. This notice must detail the accusations and assert that the officeholder is guilty of gross misconduct. The constitution defines gross misconduct as a “grave violation or breach of its provisions” or any misconduct that, in the opinion of the House, amounts to gross misconduct.

Once the notice is received, the speaker must, within seven days, serve copies to the accused and all House members. Within 14 days, the House must decide by a two-thirds majority vote whether to investigate the allegations.

If the House votes in favour of an investigation, the chief judge of the state, within seven days, must appoint a seven-member panel of individuals with unquestionable integrity. These individuals must not be members of any legislative house, political party, or public service. The panel then has up to three months to investigate and submit a report to the House.

If the panel finds no merit in the allegations, the process ends. However, if the allegations are substantiated, the House must, within 14 days, vote on a motion, again requiring a two-thirds majority, to remove the governor or deputy from office. The constitution bars courts from interfering in the impeachment process unless due process is violated.

Precedents of governor impeachments in Nigeria

Nigeria has witnessed several gubernatorial impeachments over the years. Some notable examples include:

Diepreye Alamieyeseigha (Bayelsa, 2005)

Rashidi Ladoja (Oyo, 2006)

Joshua Dariye (Plateau, 2006)

Ayodele Fayose (Ekiti, 2006)

Peter Obi (Anambra, 2006)

Murtala Nyako (Adamawa, 2014)

However, the impeachments of Obi, Ladoja, Dariye, and Nyako were later overturned by the courts due to procedural lapses.

Who becomes governor if Fubara and his deputy are impeached?

According to Section 191(2) of the 1999 Constitution, if the offices of both the governor and deputy governor become vacant due to impeachment, resignation, death, or any other reason, the Speaker of the State House of Assembly assumes the role of acting governor. The acting governor can only serve for a maximum of three months, during which the Independent National Electoral Commission (INEC) must conduct a fresh election to elect a new governor for the remainder of the term.

In the case of Rivers State, if Fubara and Ordu are removed simultaneously, Speaker Martin Amaewhule would assume office as acting governor. His tenure would last no longer than 90 days, within which a new gubernatorial election would be held.

A similar scenario played out in 2014 when the impeachment of Adamawa State Governor Murtala Nyako, coupled with the resignation of his deputy, led to Speaker Umaru Fintiri becoming the acting governor until fresh elections were conducted.