Home Features/News Analysis Fubara’s fate hangs in the balance as appeal court decides soon

Fubara’s fate hangs in the balance as appeal court decides soon

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In the legal history of Rivers State, few moments have carried the gravitational weight of the present.

As of late January 2026, the political future of Governor Siminalayi Fubara and Deputy Governor Ngozi Nma Odu has officially moved from the chaotic streets of Port Harcourt and the barricaded “Residential Quarters” of the Assembly to a quiet, high-ceilinged room at the Court of Appeal.

Waiting there are four individuals – the “Lord Justices” – whose pens now hold more power than the mace of any parliament.

This is no longer a battle of slogans; it is a battle of jurisprudence. Hon. Justice Oluwayemisi E. Williams-Dawodu, JCA, Presiding Justice Port Harcourt Division; Hon. Justice Muhammad Ibrahim Sirajo , JCA; Hon. Justice Hannatu Azumi Laja-Balogun, JCA; and Hon. Justice Ishaq Mohammed Sani, JCA, are the quartet to set free or seal Fubara’s next line of date

The judicial “big four” will resolve a lot in this case. The panel tasked with resolving the appeals against the Oyigbo High Court’s interim injunction is a blend of veteran proceduralists and constitutional sticklers.

Here is a look at the four minds that will decide if the impeachment “tidal wave” is unleashed or permanently dammed.

Hon. Justice Oluwayemisi E. Williams-Dawodu (Presiding Justice).

As the Presiding Justice of the Port Harcourt Division, Williams-Dawodu is the “captain of the ship.” Known for her balanced and gender-sensitive perspectives on law, she is a Justice who values institutional stability.

She is likely to focus on the doctrine of separation of powers. If she believes the High Court overstepped its bounds by “muzzling” the Legislature, she may lean toward vacating the injunction. However, she is equally known for her intolerance of “executive lawlessness.”

Hon. Justice Muhammad Ibrahim Sirajo

A seasoned jurist with a deep background in both the Sharia Court of Appeal and the High Court of Plateau State, Sirajo is a procedural purist.

Sirajo’s archive of judgments shows a man who looks for “scrupulous adherence” to rules. He will likely scrutinise the Section 188 notice served by the 27 lawmakers.

If the service was technically flawed – such as being served at a residential gate rather than to the Governor personally – Sirajo is the justice most likely to throw it out on a technicality.

Hon. Justice Hannatu Azumi Laja-Balogun

Laja-Balogun is often described as the “silent arbiter.” She has a reputation for keeping her cards close to her chest until the final judgment.

Her previous participation in high-level judicial conferences suggests a focus on legal barriers and human rights. She will be weighing whether Fubara’s “right to a fair hearing” was violated by the speed and venue of the impeachment proceedings.

Hon. Justice Ishaq Mohammed Sani

Coming from the Federal High Court with a robust background in Kaduna State’s judiciary, Sani brings an investigative mindset to the bench.

Justice Sani is known for digging into the “working experience” of a case. He is likely to ask the hard questions about the Mace and the Venue (the Residential Quarters).

If he views the Quarters as a “private” rather than “public” venue for a constitutional act, he could be the deciding vote that saves Fubara.

However, a senior Court Registry official in Port Harcourt told this medium that the the President of the Court of Appeal (PCA), Hon. Justice Monica Dongban-Mensem, might announce the names of the Justices for hear the appeal cases.

The source said they would most likely be coming four different Divisions. This source confirmed that there have been pressure on the Court of Appeal not to let the four Resident Justices hear the cases.

Though the Appeal Court Registry in Port Harcourt could not give this medium any date for hearing, it was gathered that the case would come up between February 2 and 10, 2026.

The “Oyigbo ambush” and the judicial counter-move still hold key background.
The current case arrived at the appellate court after what supporters of the Assembly call the “Oyigbo ambush” – the sudden interim injunction granted by Justice Florence Fiberesima on January 16, 2026.

That injunction effectively “handcuffed” the Chief Judge, Simeon Amadi, preventing him from forming the seven-man investigative panel.

A senior lawyer in Port Harcourt, Rivers State capital, who spoke to this medium on Wednesday, painted three possible scenarios the ruling might take.

The “Four” have three primary paths forward when they sit to hear the appeal.

First is what the senior lawyer qualified as the “literalist” knockout. In this scenario, the Justices could rule that Section 188(10) of the Constitution forbids any court from interfering in impeachment.

This would dissolve the injunction immediately, and Fubara could be removed within days.

The lawyer painted the picture of a “procedural” shield the Justices could find that because the 27 lawmakers sat in a “private residence” (the Quarters), their proceedings were a nullity.

This would be a total victory for Fubara, forcing the Nyesom Wike-aligned group back to square one.

The next, he argued, could be the “stay of execution” option in which case they could order both sides to maintain the status quo while they hear the other appeals.

This would keep Fubara in office but under a permanent cloud of uncertainty.

Whatever the outcome, the verdict of history is beckoning. Already, the Martin Amaewhule faction has filed a motion to have the case heard urgently, arguing that the “governance of Rivers State is in jeopardy.”

While everybody holds their breadth on the matter, there are physical landmark windows to watch out for early next week.

As we monitor the registry for the specific hour the “four” will take their seats, the Court’s registry holds a sign.

Both parties shall be busy with the service of briefs. To watch for any “proof of service” filing at the Court of Appeal would present a louder notice that the case is set to commence. This usually happens 48 hours before the hearing.

No doubt, an usual heavy security deployment will be noticed. It is expected that a sudden increase in police presence around the Moscow Road area (where the Court of Appeal sits) is often the first physical sign that the Justices are about to deliver a ruling or begin a high-stakes hearing.

As the four Justices prepare their notes, the state holds its breath. Unlike the politicians, these four are not running for election in 2027; they are writing their names into the Nigerian Law Reports.

In the “Battle of the Rivers,” the final word will not be a shout from a rally, but a quiet, firm “I concur” from the bench.

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