Governor
Rotimi Amaechi of Rivers State has asked a Rivers State High Court,
sitting in Port Harcourt, to restrain the Chief Judge of the state from
constituting any panel to investigate any notice of allegation presented
by the House of Assembly, except the request is in compliance with
sub-sections 2, 3 and 4 of Section 188 of the 1999 Constitution, as
amended.
Counsel to Amaechi, Chief Lateef Fagbemi (SAN) in the suit, is
praying the court to, among other things, set aside any attempt by less
than 22 members out of the 32-member House to initiate an impeachment
proceeding against him.
He is also praying for “an order of this court setting aside any
notice of allegation to initiate the removal proceedings of the state
Assembly, conducted in connection with the conceived removal from office
of the claimant by less than 22 members out of the 32 members
constituting the state Assembly.”
He is also asking the court to declare as unconstitutional, any
proceedings for his removal that may be conducted outside the “Rivers
State House of Assembly/Parliament building situate on Moscow Road, Port
Harcourt, Rivers State, which is the official address of the state
Assembly for the conduct of the official and legislative duties of the
House as unconstitutional, null and void and of no effect whatsoever.”
He is also asking for a declaration that any proceedings of the state
House of Assembly, initiated by less than 11 member, which is one third
of members of the House and passed or conducted by less than 21 out of
the 30 members of the House, which is two third of the members of the
House in connection or in relation to the commencement of impeachment
proceedings against the claimant are unconstitutional, null and void and
of no effect whatsoever.