The supremacy of the rule of law

Since Nigeria adopted the presidential system in 1979, no president has been removed through constitutional impeachment, while none of the seven impeached governors has survived judicial scrutiny. This history shows that although impeachment is constitutionally allowed, it is a complex process that goes beyond legislative fiat.

Against this background, the attempt by the Rivers State House of Assembly to impeach Governor Sim Fubara must be handled with utmost caution and strict adherence to both the letter and spirit of the Constitution. The process should neither be rushed nor manipulated. The Constitution provides ample time for impeachment, making undue haste unnecessary and potentially fatal to the process.

While delay may also pose risks—particularly where party pressures could derail proceedings—the lawmakers must resist political interference and focus strictly on constitutional requirements. Past experiences, including the failed impeachment attempt against former President Olusegun Obasanjo in 2002, show how political pressure can undermine legislative resolve and constitutional integrity.

A major hurdle in the current process is proof of proper service of the impeachment notice on the governor and his deputy. Judicial precedents clearly establish that failure to serve notices constitutes a breach of the right to fair hearing and is sufficient ground to nullify impeachment proceedings.

Moreover, many impeachment cases in Nigeria have failed because charges were frivolous, politically motivated or poorly framed. Allegations of “gross misconduct” must be credible, specific and capable of convincing the average citizen. Discretion granted to lawmakers under the Constitution must be exercised rationally, not arbitrarily.

Crucially, the belief that courts cannot intervene in impeachment matters due to separation of powers is erroneous. Section 4(8) of the Constitution subjects legislative actions to judicial review. Courts have repeatedly nullified impeachments carried out in defiance of court orders or due process, reinforcing the judiciary’s role as the final arbiter.

Ultimately, the fate of Governor Fubara’s impeachment will depend not on political strength but on strict compliance with constitutional safeguards. In Nigeria’s democracy, the rule of law remains supreme, and the judiciary holds the key