C’River Assembly Speakership: Odey goes to court in fresh judicial battle

Recall that on 22nd May 2024, commotion struck at the 10th Cross River State House of Assembly when a motion for the removal of the Speaker of the House, Rt. Hon. Elvert Ayambem, was moved by Hon. Effiong Ekarika representing Calabar South I State Constituency, and was seconded by Hon. Charles Omang representing Bekwarra State Constituency.

The motion was later affirmed and supported by 17 out of the 25 Members of the State House of Assembly, thus declaring Ayambem removed as Speaker of the Assembly, following allegations of misconduct, financial mismanagement and incompetence.

However, on 25th May 2024, Governor Bassey Otu convened a meeting with all the 25 House members on the matter, perhaps with a view to resolving the crisis, few days later, on 27th May 2024, media aid to the Speaker, Mr Matthew Okache, issued a statement confirming that Ayambem has been reaffirmed as the Speaker by all 25 lawmakers.

The statement read in parts: “Rt. Hon. Elvert Ayambem has been unanimously reaffirmed as Speaker of the 10th Assembly of Cross River State. The reaffirmation of Ayambem followed a rapprochement brokered by the state governor, Senator Bassey Otu and critical stakeholders with the 25-member Assembly in Calabar yesterday. Ayambem expressed his appreciation to the governor and the concerned stakeholders for showing extraordinary leadership during challenging times.”

Meanwhile, the above decision has since generated reactions from the public, the latest of which is a court order obtained by Mr Joseph Odey, Director-General of Youth Action Network (YAN), and an All Progressive Congress (APC) member in Cross River State, seeking to restrain Rt. Hon. Ayambem from being recognised as Speaker of the 10th Assembly of Cross River State.

L-R: Rt. Hon. Elvert Ayambem, and Mr Joseph Odey

Odey is also seeking in Suit number HC/166/2024 between Joseph Odey and The Governor of Cross River State, Attorney General of the State, Clark of the House and all 25 Members of the House of Assembly, a declaration that the Speaker, remains removed, and should not be recognised as Speaker of the Assembly amongst other prayers.

In his prayers to the court, Mr Joseph Odey believes that “Cross River State is at risk of governmental disruption due to the absence of a duly elected Speaker of the House of Assembly. Without a validly elected Speaker, the laws passed by the House are invalid, hindering the Governor’s ability to govern effectively.

“To uphold democratic principles, Cross River State must follow proper procedures in selecting its Speaker in line with the rules laid down by the House of Assembly for itself in 2011. The impeachment of Mr Elvert Ayambem was lawful but his continued role as Speaker is not; because he was not re-elected according to the Assembly’s rules. Governance requires following laid down rules and processes.”

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Mr Odey further buttresses that, “The Speaker cannot be chosen outside the House chamber. After Mr Elvert’s impeachment, a formal election must take place within the Assembly to determine the new Speaker. To safeguard good governance and democracy, I have brought motions before the Cross River State High Court asking the Court to:

“Restrain government officials from recognising Mr Ayambem as Speaker until this matter is heard and decided by the Court. Restrain Mr Elvert Ayambem from acting as Speaker until the matter is heard and decided by the Court. A properly functioning legislature is necessary for effective governance and the progress of our state and I believe that the Court, in its wisdom, will ensure that we get a properly functioning House of Assembly once again.”