Fubara: Supreme Court Has Warned that Section 188 Shouldn’t be Called Impeachment But Removal-Giwa

A lawyer and rights advocate, Victor Giwa, has weighed in on the ongoing political crisis in Rivers State, clarifying the constitutional framework guiding the process against Governor Siminalayi Fubara.

Speaking on News Day on Arise News on Tuesday, January 20, 2026, Giwa, who is the National Coordinator of the Advocates for People’s Rights and Justice, stressed that the Supreme Court has explicitly cautioned against describing proceedings under Section 188 of the 1999 Constitution as “impeachment.”

According to him, the apex court has consistently held that Section 188 should properly be referred to as a process for the removal of a governor, not impeachment in the strict legal sense.

Giwa explained that the distinction is significant, noting that impeachment ordinarily connotes an indictment and a finding of guilt. In contrast, the constitutional procedure outlined in Section 188 does not empower a judicial panel to establish criminal guilt against a sitting governor.

He referenced a landmark Supreme Court decision involving a former governor, where the court clarified that the seven-member panel set up by a chief judge is limited to investigating allegations and reporting findings, not pronouncing guilt. As such, the court advised that the term “impeachment” is misleading when applied to Section 188.

By drawing this distinction, Giwa argued that constitutional safeguards and strict procedural compliance become even more critical, as the process is fundamentally political and administrative rather than criminal.

His comments come amid heightened tension in Rivers State following moves by lawmakers to remove Governor Fubara, a development that has sparked legal battles, political interventions, and renewed scrutiny of constitutional provisions governing the removal of elected executives.