Oba Maduabuchi, a distinguished Senior Advocate of Nigeria (SAN), has categorically dismissed the potential impeachment proceedings against Rivers State Governor Siminalayi Fubara as baseless and without legal merit. During an interview with Arise News, Maduabuchi provided a detailed explanation, highlighting the misunderstanding surrounding the recent Court of Appeal's ruling. He clarified that the court's decision did not reinstate the lawmakers who had decamped; rather, it addressed a specific technicality related to the injunction imposed against them.
Maduabuchi elucidated that the Court of Appeal's ruling merely nullified the injunction on the grounds that the individual who issued it lacked the authority to do so. He emphasized that this decision did not in any way validate the lawmakers' positions or restore their seats. The critical issue at hand, according to Maduabuchi, is the Speaker's declaration of these lawmakers' seats as vacant, which should be the primary focus of their legal challenge.
He stressed that the lawmakers should not misconstrue the Court of Appeal's decision as a revalidation of their membership. Instead, they need to address the Speaker's declaration in court. Maduabuchi underscored that any impeachment proceedings initiated on the flawed assumption that their membership had been reinstated would be legally unfounded.
Through his clarification, Maduabuchi provided valuable insight into the legal intricacies of the situation, underscoring the importance of accurately interpreting the Court of Appeal's ruling. His expert analysis highlighted the limitations of the ruling, making it clear that the lawmakers' seats remain vacant until a competent court decides otherwise.
In his own words, Maduabuchi stated, "It's normal to expect them to start an impeachment process against Fubara on the basis that the Court of Appeal erroneously believed it has revalidated their membership. It's not true. The Court of Appeal simply said, the man who restrained you or who made injunctions against you did not have the power.
The Court of Appeal never went one step further to say I return you as legislators. The person who made the order against you did not have the power to do that, that doesn't mean what you say you did, you no longer did it. It does not mean a Speaker does not declare your seats vacant and it's that declaration of your seats vacant that you should be challenging, nothing else."
Maduabuchi's clarification serves as a crucial reminder of the need to comprehend legal decisions within their proper context and to pursue appropriate legal remedies rather than unfounded actions.
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