A High Court of Cross River State sitting in Ogoja has restrained lawmakers from proceeding with the impeachment of a local government vice chairman in the state.
Justice Daniel Kulo granted the interim order following an ex parte application filed by the embattled Vice Chairman of Ogoja Local Government Area, Emmanuel Yakubu, who is challenging the legality of the impeachment process initiated against him.
The court specifically barred the Cross River State House of Assembly and its relevant committees from taking further steps that could lead to the removal of the vice chairman, pending the determination of the substantive suit.
In the suit marked HJ/11/2026, the claimant is seeking judicial interpretation of provisions of the Cross River State Local Government Law, 2007, as well as Sections 6 and 7 of the 1999 Constitution (as amended), particularly as they relate to the procedure for the removal of elected local government officials.
The Assembly had, on February 3, 2026, announced Yakubu’s suspension for 90 days following an impeachment notice forwarded by the Ogoja Legislative Council. Lawmakers said they invoked Section 14(3) of the state’s Local Government Law and referred the matter to its Committee on Judiciary, Public Service Matters, Public Petitions and Conflict Resolution for investigation.
However, in his court filings, the vice chairman argued that the impeachment proceedings were not conducted in line with Section 12(3), (4), and (5) of the law, which prescribe strict timelines and procedures, including the passage of a resolution within 14 days and notification to the Chief Judge within seven days for the constitution of a seven-member investigative panel. He contended that the alleged failure to comply with these provisions rendered the entire process null and void.
Counsel to the claimant, Baba Isa, maintained that where a statute provides a specific procedure for carrying out an action, it must be strictly followed. He further argued that the Cross River State House of Assembly lacks constitutional authority to suspend or remove a duly elected local government vice chairman.
The court directed that all parties be served with the originating summons and motion on notice within 14 days, failing which the interim order will lapse. The matter was subsequently adjourned for hearing of the substantive application.
