By: Okoi Obono-Obla On 10 December 2025, the Cross River State House of Assembly purportedly removed from office the Chairman o...
By: Okoi Obono-Obla
On 10 December 2025, the Cross River State House of Assembly purportedly removed from office the Chairman of Bekwarra Local Government Area, Mrs. Theresa Ushie, on allegations of corruption and abuse of office.
Since then, there has been intense debate between the Bekwarra Local Government Legislative Council and the Cross River State House of Assembly over who truly possesses the constitutional authority to remove a Local Government Chairman from office.
On 18 September 2025, I wrote an article titled “The Law and Procedure for the Impeachment and Removal from Office of a Local Government Chairman in Cross River State” on my Facebook page. I consider it necessary to revisit that analysis to place this very important issue in its proper constitutional perspective.
The Law and Procedure for the Impeachment and Removal from Office of a Local Government Chairman in Cross River State
I recently came across a comment in a WhatsApp group suggesting that a Local Government Chairman can only vacate office if the Cross River State House of Assembly passes a resolution approving his impeachment by the Local Legislative Council.
With respect, that assertion is a misstatement of the law.
The legal framework governing the impeachment and removal of a Chairman or Vice Chairman of a Local Government in Cross River State is clearly provided under Section 15 of the Cross River State Local Government Law, 2018.
To clarify the procedure—free from legal jargon and in a manner accessible to all—I outline below the steps as stipulated in Section 15, subsections 1, 2, 3, 4, 5, and 7 of the Law:
Step-by-Step Procedure:
- Notice of Allegation:
Must be in writing and signed by not less than half of the members of the Legislative Council.
- Bekwarra has 10 Councillors; therefore, at least 5 must sign.
- Presentation:
The Notice is to be presented to the Leader of the Legislative Council.
- Content of Notice:
It must allege misconduct in the performance of official duties and specify detailed grounds.
- Service of Notice:
Within 7 days, the Leader must serve a copy on the Chairman or Vice Chairman and all Council members.
- Any reply from the accused must also be circulated within 14 days of the Notice’s presentation.
- Council Resolution:
- Without the presence of the Chairman or Vice Chairman, the Council shall vote—without debate—on whether to investigate the allegation.
- A two‑thirds majority (i.e., 7 of 10 members) is required to pass the motion.
- Notification to the Chief Judge:
Within 7 days of the motion’s passage, the Leader must inform the Chief Judge of the State.
- Constitution of Investigative Panel:
- The Chief Judge appoints a 7‑member panel of persons of unquestionable integrity.
- Appointees must not be members of the public/civil service, any legislative house, or a political party.
- Right to Defence:
The Chairman or Vice Chairman may defend themselves in person or through legal representation.
- Panel Powers:
As defined by the House of Assembly or, failing that, as determined by the Chief Judge.
- Timeline:
The Panel must be sworn in and must submit its findings within 45 days.
- Outcome:
- If the Panel finds the allegation unsubstantiated, the matter ends.
- If the allegation is proven, the Legislative Council must, within 14 days, adopt the report by a two‑thirds majority (i.e., 6 of 10 members).
- Upon adoption, the Chairman or Vice Chairman is deemed impeached and removed from office.
Final Thoughts:
If those advocating for the removal of Mrs. Theresa Akwaji Ushie genuinely believe they have the mandate of the people who elected her, they must present their allegations before the Bekwarra Legislative Council—the only body constitutionally empowered to initiate and conclude such proceedings.
And if the Councillors themselves believe they have a credible case, why surrender their constitutional authority to the Cross River State House of Assembly?
The law is clear and unambiguous: the power to remove a Local Government Chairman resides squarely with the Local Legislative Council, not the State Assembly.
@ Okoi Obono-Obla
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