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ALLEGATIONS OF GROSS MISCONDUCT AGAINST RIVERS DEPUTY GOVERNOR, NGOZI ODU
GROSS MISCONDUCT
- Reckless and unconstitutional expenditure of public funds contrary to Sections 120, 121 (1)(2) and 122 of the Constitution of theFederal Republic of Nigeria, 1999 (as amended).
A. Particulars of Gross Misconduct:
That Her Excellency, Prof. Ngozi Nma Odu DSSRS, Deputy Governor of Rivers State supported and connived with Sir Siminalayi Fubara GSSRS, Governor, Rivers State and refused to present the Rivers State Appropriation Bill, 2024 to the Rivers State House of Assembly contrary to Section 121(1)(2) of the Constitution and disobeyed the order of the Federal High Court in Suit no. FHC/ABJ/CS/1613/2023 which declared that “thus as it stands in law, no Appropriation Bill of Rivers State has been presented neither has any of such Bill being passed into law as the purported presentation, passage and signing into law of the Appropriation Bill 2024 of Rivers State is void ab initio” and ordered him to present the AppropriationBill 2024 to the House.
B. That Her Excellency, Prof. Ngozi Nma Odu DSSRS, Deputy Governor of Rivers State supported or backed His Excellency, Sir Siminalayi Fubara GSSRS, Governor of Rivers State in the State Executive Council meetings as they authorized or approved withdravwals from the Consolidated Revenue Fund of Rivers State in the 2024 financial year of Rivers State without an appropriation law duly passed by the Rivers State House of Assembly contrary to Section 120 of the Constitution.
C. That Her Excellency, Prof. Ngozi Nma Odu DSSRs, Deputy Governor of Rivers State made expenditures as the Deputy Governor of Rivers State without an approved Appropriation Law, 2024 even after the Rivers State House of Assembly declared a shutdown on Rivers State Government expenditure in a resolution passed at the 4th Legislative day of the Second Session of the 10th Rivers State House of Assembly which held on Monday the 15th day of July 2024, thereby relegating the constitutional resolution passed by the House to the background.
D. That on Friday the 28th of February 2025, the Supreme Court of Nigeria before their Lordships Uwani Musa Abba Aji JSC, Ibrahim Mohanned Musa Saulawa JSC, Emmanuel Akomaye Agim JSC, Chioma Egondu Nwosu-Iheme JSC and Jamilu Yammama Tukur JSC in Suit no. SC/CV/1174/2024 restored the Judgement of the Federal High Court in Suit No. FHCIABJ/CS/984/2024 which confirmed that Sir Siminalayi Fubara GSSRS, Governor of Rivers State never presented an Appropriation Bill for 2024, still does not have an Appropriation Law for2025 so, ordered that “the Central Bank of Nigeria and the Accountant General of the Federation should forthwith stop releasing and paying to the Government of Rivers State, its organs, departments and officials any money belonging to Rivers State until an Appropriation law is made by Rivers State House of Assembly constituted as prescribed by the 1999 Constitution”.
GROSS MISCONDUCT
- Hindering or obstructing the Rivers State House of Assembly which is another arm of government protected by the Constitution of the Federal Republic of Nigeria, 1999 (as amended) from performing her constitutional duties.
Particulars of Gross Misconduct:
A. That Her Excellency, Prof. Ngozi Nma Odu DSSRS, Deputy Governor of Rivers State supported and connived with Sir Siminalayi Fubara GSSRS to obstruct or hinder the legitimate Rivers State House of Assembly from performing her Constitutional duties. She recognized and worked with the four-man group who sat in a secret place to approve a fake budget in 2024 for Rivers State and joined the Governor to receive the fake document and implement it. Her full support and participation in this unconstitutional act of receiving a fake budget, supporting the Governor to deal with the fake group of four (4) persons and later three (3) persons claimed to be the Rivers State House of Assembly violated the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and is in contempt of the judgement delivered on the 22nd of January 2024 in favour of the legitimate Rivers State House of Assembly where the presiding judge-Justice J.K Omotosho in Suit No.: FHC/ABJ/CS/1613/2013 said IT IS HEREBY DECLARED that the Governor of Rivers State (11th Defendant) by himself directly or through the Commissioners of the Government of Rivers State including the 12th, 13th and 14th Defendants, members of staff of the public/ Civil Service of Rivers State Government or other agencies of the Government of Rivers State including the 15th Defendants are not entitled to take any decision, action or step, whether overtly or covertly aimed at interfering with or meddling in the affairs of the Rivers State Houseof Assembly or with the resultant effect of interfering with or meddling into the affairs of the Rivers State House of Assembly or in any manner howsoever impeding or frustrating the Rivers StatebHouse o fAssembly, Members of the Rivers State House of Assembly, the Clerk and other members of staff of the said Houseof Assembly in the performance of their functions and/or duties.”
GROSS MISCONDUCT
- Conniving and supporting the illegal appointment of persons tooccupy offices/positions in the Rivers State Government withoutallowing for the requirement of screening and confirmation asprescribed by the Constitution of the Federal Republic of Nigeria, 1999(as amended), other extant laws but making the request for screeningto persons other than the legitimate Rivers State House of Assembly.
Particulars of Gross Misconduct:
A. That Her Excellency, Prof. Ngozi Nma Odu DSSRS, Deputy Governor of Rivers State connived with and supported His Excellency, Sir Siminalayi Fubara GSSRS, Governor of Rivers State as several appointments which are in contempt of the Order of the Federal High Court in a Judgement delivered in Suit No.: FHCIABJ/CS/1613/2023 that prohibited him from dealing with any other persons or House other than the Rivers State House of Assembly under the leadership of Rt. Hon. Martin Chike Amaewhule as Speaker were made. This judgement which was upheld by the Court of Appeal and the Supreme Court stated among other things that “AN ORDER İs hereby made restraining the 11th Defendant from howsoever or in whatsoever manner making any request, presentation or nomination to the Rivers State House of Assembly except to the Rivers State House of Assembly under the leadership of the 2nd Plaintiftf as Speaker”.
B. That Her Excellency, Prof. Ngozi Nma Odu DSSRS, Deputy Governor of Rivers State connived with and supported His Excellency, Sir Siminalayi Fubara GSSRS, Governor of Rivers State as he failed to forward the name of a nominee for appointment as Attorney-General and Commissioner for Justice in line with Section 192(2) & (6) as well as Section 195(1) of the 1999 Constitution as amended to the legitimate Rivers State House of Assembly as declared by the Judgement of the Federal High Court in FHCIABJ/CS/1613/2023 but chose to announce one Mr. Dagogo Iboroma to assume the said position.
C. That Her Excellency, Prof. Ngozi Nma Odu DSSRS, Deputy Governor of Rivers State connived with and supported His Excellency, Sir Siminalayi Fubara GSSRS as he illegally swore-in several other persons who were purportedly confirmed by certain individuals for appointment into the Rivers State Executive Council on Tuesday 21st May, 2024 namely- Prince Charles O. Beke; Collins Onunwo; Solomon Eke; Peter Medee; Elloka Tasie-Amadi; Basoene Joshua Benibo; Tambari Sydney Gbara and Ovy Orlu Ideye Chinendum Chukwuma without screening and confirmation by the Rivers State House of Assembly in full compliance with Section 192(2) & (6) of the 1999 Constitution as amended. Others who were sworn in on Tuesday 13th of August 2024 are Illamu Arugu; Rowland Obed Whyte; Samuel Anya; Samuel Eyiba and Austin Emeka Nnadozie while Israel Ngbuelu; Evans Bipi; Otamiri Ngubo and Benibo Alabraba were sworn in on Monday 7th October 2024. Emmanuel Frank-Fubara was sworn-in on the 8th of July 2024 amounting to a total number of 19 persons parading themselves and misleading Rivers people that they are Commissioners with your tacit approval.
D. That Her Excellency, Prof. Ngozi Nma Odu DSSRS, Deputy Governor of Rivers State connived with and supported His Excellency, Sir Siminalayi Fubara GSSRS, Governor of Rivers State as he illegally swore-in Mr. Lawrence Oko-Jaja as Chairman; Earnest Ibekwe Ekwe; Mina Ogbanga; Iseleye Amachree and Adokiye Oyagiri as members of the Rivers State Bureau on Public Procurement on Friday 30th of August 2024 without screening and confirmation by the legitimate Rivers State House of Assembly as stipulated in Section 4(a) of the Rivers State Public Procurement Law No. 4 of 2008. Others are Gift Alex-Hart; Grace Osaronu and Selinah Amonieah as members.
E. That Her Excellency, Prof. Ngozi Nma Odu DSSRS, Deputy Governor of Rivers State supported and connived with His Excellency, Sir Siminalayi Fubara GSSRS, Governor of Rivers State as he engaged Mr. Goodlife Ben as Chairman; Emmanuel Jaja; Betty Warmate; Jerome Chimenem; Prince Ohochukwu; Philip Okparaji and Christian Amadi as members of the Rivers State Local Government Service Commission without screening and confirmation by the legitimate Rivers State House of Assembly contrary to Section 44(3) of the Rivers State Local Government Law No. 5 of 2018.
F. That Her Excellency, Prof. Ngozi Nma Odu DSSRs, Deputy Governor of Rivers State supports His Excellency, Sir Siminalayi Fubara GSSRS, Governor of Rivers State in these illegal appointments and has refused to rescind her actions of recognizing them and partnering with them in this illegality even after resolutions of the House called for change from this illegality. She sits in the State Executive Council with these impostors and with full knowledge of the unconstitutionality of these actions.
Conclusion
Mr. Speaker, we conclude by stating that the Deputy Governor has shown that she is not prepared to deputize the Governor in governing Rivers State in line with the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and her oath of office.
THE ACTUAL GAME PLAN OF AMAEWHULE & CO AND GOV FUBARA STRATEGIC APPROACH
By Ugochukwu Tonye Oputa
The Letter of Notice of Allegations of Gross Misconduct that made it online today is a move that became necessary at this time given that the Governor had failed to act within their estimated expectations.
Recall that before the Supreme Court Judgment, all actions of the Governor were duly backed up by court orders. The Governor relied on instructions of the court to work with the Oko Jumbo Led Assembly and that order remained valid until it was set aside by a higher court.
Every litigation process has an end and the Supreme Court being the Apex court gave a ruling and asked that the Governor represent the 2025 budget and recognize the Amaewhule-led Assembly as the legitimate house of Assembly.
What the Wike camp didn’t expect was the Governor’s tact in swiftly obliging to all orders of the Supreme Court.
They began with the 48 hours ultimatum and expected the Governor to ignore however, the Governor and his strategic team wrote a letter to the State House of Assembly notifying them that they were yet to receive the said letter that had the ultimatum, but rather saw soft copies of it online and that however, the Governor was awaiting the Certified True Copy of the Judgment so he can implement swiftly.
All they were looking for was a justified ground to base their actions for impeachment.
They had hoped that a more tangible misconduct would be that of the Governor failing to obey the Supreme Court judgment and representing the budget or blatantly ignoring their letter.
The Governor even personally showed up at the Assembly Quarters to present the Budget but was locked out.
The Governor then wrote again to the Assembly communicating his willingness to present the budget at a given time or any time convenient for them in March.
From asking LGA Chairmen to step down to Showing up to present the budget, the Governor’s early moves disrupted their calculations.
One can categorically state that the Governor hasn’t gone contrary to the Law after the Supreme Court Judgement.
It is also worthy of noting that previous actions of the governor were carried out by orders of the court be it right or wrong. Where there was a contrary judgment, the case was pursued up to the Supreme Court, and upon a ruling, the Governor has now formally submitted to the new order setting aside the old one he worked with.
So you’d ask if they know this, why are they going ahead with this notice?
The answer is simple, to induce chaos!
It’s just like missing your target that you’re supposed to shoot and shoot upwards so the loud noise can rattle him wherever he is.
The second reason is to add more aces for them to negotiate with on the negotiation board.
As for impeachment, while it is within their constitutional right to attempt it, they know the political blunder of attempting a move when you barely hold the aces.
Everything in warfare is strategy and the Governor is getting it right!
Ugochukwu Oputa writes from Port Harcourt
