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By Akpan David, Calabar
A constitutional lawyer and former presidential aide, Chief Okoi Obono-Obla has declared the recent removal of the chairman of Bekwara LGA, Mrs. Theresa Akwaji Ushie by the Cross River State House of Assembly as null and void. He advised her to approach the court for a redress.
He said emphatically that the assembly has no modicum of constitutional power to remove her.
The legal practitioner does not also possess the power to order the Cross River State Independent Electoral Commission, CROSIEC, to conduct a bye‑election to fill the Chairmanship of Bekwarra LGA.
The lawyer alleged that the Assembly’s actions reflect “bumbling incompetence”.
He has rather called on the Speaker of the Cross River State House of Assembly to resign.
Many commentators have reacted against the actions of the Assembly, insisting, too, that they were not fare and has no powers to sack Ushie or order CROSIEC to conduct, adding that that is the job of the judiciary.
They also questioned why she should tender resignation letter to Governor Bassey Otu who did not appoint her in the first place but was elected.
Early this week, the assembly removed Ushie after six months of suspension over allegations of gross misconduct, violation of due process, stopping of payments due the councillors
Ushie was first suspended on June 10, 2025, for three months following a petition from eight councillors of the Bekwarra Legislative Council, who initially sought her impeachment.
The suspension was later extended by another three months, ending in December 2025. The House subsequently directed its Committee on Judiciary and Public Petitions to investigate the allegations.
During Tuesday’s plenary, 19 out of 25 lawmakers voted in favour of her removal.
Describing the Assembly’s performance as appalling in a statement on Friday, Obono-Obla said the Bekwara LGA has been plunged into an avoidable constitutional crisis.
“In one breath, the Assembly appointed the Vice Chairman as Acting Chairman, implying a temporary inability of the substantive Chairman to perform his duties. Yet, in another breath, the same Assembly proceeded to remove the Chairman entirely and ordered a bye‑election. This contradictory sequence of actions is not only inelegant but legally incoherent.
“Under any reasonable interpretation of state electoral laws, a bye‑election is triggered only when the office of Chairman becomes truly vacant—whether through death, resignation, incapacitation, or lawful removal.
“If the Assembly believed the Chairman was merely unable to act, the appointment of an Acting Chairman would have sufficed. If it believed the office was vacant, then the earlier appointment was unnecessary. By attempting to do both simultaneously, the Assembly has created a procedural confusion that undermines public confidence and exposes a worrying lack of legislative competence.”
The lawyer stated that the unfolding situation in Bekwarra is more than a technical misstep, and a troubling reflection of the Assembly’s diminishing grasp of constitutional procedure.
Obono-Obla said until the Assembly aligns its actions with the law and restores procedural coherence, the crisis in Bekwarra will remain a stark reminder of the urgent need for stronger legal literacy and more responsible governance in Cross River State.
Speaker of the Assembly, Elvert Anyanbem said they followed due processes available in their books, and went on to empower a committee of the House to investigate Ushie.
“It’s the various recommendations of the House Committee on Judiciary and Public Petitions that we implemented. Besides 19 out of 25 legislators voted for her removal”, he defended.
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