Lawyer and National Coordinator of the Advocates for People’s Rights and Justice, Victor Giwa, has stated that Governor Siminalayi Fubara of Rivers State has the constitutional right to challenge impeachment proceedings initiated against him by the State House of Assembly.
Speaking in an interview on Arise Television on Tuesday, Giwa explained that the removal of a governor is a discretionary process, and the governor can contest the process at any stage. He emphasised that the principle of fair hearing is a constitutional matter, forming a cornerstone of Nigeria’s legal framework.
Giwa highlighted Section 188(9) of the Nigerian Constitution, which guarantees a governor the right to be represented by a legal counsel of his choice. “If the governor is not served with that notice and he’s not in receipt of that notice, then there’s no way you can claim to remove him,” he said.
He added, “It is 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. 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. If the governor has been served, then the process can go on.”
Giwa’s comments underscore the importance of adhering to constitutional procedures in any attempt to remove an elected governor, ensuring that due process and the governor’s legal rights are respected.
