The High Court of Cross River State sitting in Ogoja has restrained the Cross River State House of Assembly and other defendants from taking further steps in the impeachment and suspension of Hon. Emmanuel Idi Yakubu, Vice Chairman of Ogoja Local Government Council.
The restraining order followed an Originating Summons filed by Hon. Yakubu, through his lawyers, First Baba Isa of FBI Legal, challenging the legality of the impeachment process initiated against him by the Ogoja Legislative Council and subsequently acted upon by the State House of Assembly.
Background to the Suspension
On February 3, 2026, the Cross River State House of Assembly announced the suspension of Hon. Yakubu for 90 days. The Assembly said the suspension followed an impeachment notice forwarded by the Ogoja Legislative Council.
The House invoked Section 14(3) of the Cross River State Local Government Law and resolved to suspend the Vice Chairman pending investigation by its Committee on Judiciary, Public Service Matters, Public Petitions and Conflict Resolution.
Court Challenge and Core Legal Issues
In Suit No: HJ/11/2026, filed at the Ogoja Judicial Division of the High Court, Hon. Yakubu is seeking a judicial interpretation of Sections 12 (3, 4 & 5), 13, 14, 16 and 17 of the Cross River State Local Government Law, 2007, as well as Sections 7 and 6(6)(a) of the 1999 Constitution (as amended).
In his court processes, the Claimant contends that the impeachment process has automatically terminated by effluxion of time, having failed to comply with the strict procedural requirements under Section 12(3), (4) and (5) of the Local Government Law.
The originating summons raises critical questions, including:
• Whether the Ogoja Legislative Council passed the mandatory resolution within 14 days of the notice of impeachment.
• Whether the Leader of the Legislative Council informed the Chief Judge within 7 days as required for constitution of a seven-man investigative panel.
• Whether the State House of Assembly has the constitutional power to suspend a duly elected Vice Chairman of a Local Government.
Section 12(3)–(5) of the Law provides that:
• Within 14 days of presenting an impeachment notice, the Legislative Council must resolve by two-thirds majority whether the allegation should be investigated.
• Within 7 days of such resolution, the Leader must notify the Chief Judge to constitute a panel of seven persons to investigate.
However, according to the affidavit and written address filed before the court, the Legislative Council allegedly failed to:
1. Pass the required resolution within 14 days.
2. Notify the Chief Judge within 7 days of such resolution.
3. Follow the constitutionally prescribed investigative procedure.
Instead, the impeachment notice was forwarded to the State House of Assembly, which then set up its own committee and proceeded to suspend the Vice Chairman.
The Claimant argues that this action is ultra vires, null and void.
Speaking on the matter, counsel to the Claimant, First Baba Isa, described the impeachment process as “legally dead.”
According to him:
“Section 12(3), (4) and (5) of the Cross River State Local Government Law is clear and unambiguous. Where the law prescribes a timeline and procedure, it must be strictly complied with. Failure to act within the statutory 14 days and subsequent 7 days means the impeachment process has automatically terminated by effluxion of time.”
He further stated:
“The Ogoja Legislative Council did not pass the mandatory resolution within 14 days, nor did it notify the Chief Judge within 7 days as required. Instead, they forwarded the notice to the House of Assembly, which set up its own committee. That procedure is unknown to the law.”
On the suspension by the House of Assembly, he added:
“The Cross River State House of Assembly has no constitutional authority to suspend or remove a democratically elected Vice Chairman of a Local Government. Section 7 of the Constitution guarantees the existence and autonomy of local governments. Any state law that purports to grant such power is unconstitutional to the extent of its inconsistency.”
He emphasized:
“You cannot abandon the statutory route provided under Section 12 and then invent a parallel process through the House of Assembly. The Supreme Court has consistently held that where a statute provides a method of doing a thing, it must be done in that manner or not at all.”
The suit also challenges the constitutionality of Sections 13, 14, 16 and 17 of the Cross River State Local Government Law, which allegedly empower the Governor and the House of Assembly to suspend or remove elected local government officials.
The Claimant argues that these provisions are inconsistent with Sections 1 and 7 of the 1999 Constitution, which guarantee the supremacy of the Constitution and the system of democratically elected local governments.
Pending the determination of the substantive issues, the High Court sitting in Ogoja has restrained the defendants from proceeding further with the impeachment process or taking steps that would culminate in the removal of the Vice Chairman.
