![Governor Bassey Otu of Cross River State. [PHOTO CREDIT: Twitter page of the governor]](https://i0.wp.com/media.premiumtimesng.com/wp-content/files/2023/08/Bassey-Otu.jpeg?fit=1024%2C807&ssl=1)
A “resignation” letter from the chairperson of the Bekwarra Local Government Council, Cross River State, has surfaced online after her removal from office by the Cross River House of Assembly.
The assembly had announced the removal of the council Chairperson, Theresa Ushie, from her office on Wednesday, 10 December, during plenary, following the adoption of the report of its committee on Judiciary and Public Petitions, which looked into allegations of misconduct and administrative recklessness against her by councillors from the council area.
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Nineteen out of 25 lawmakers voted in favour of Mrs Ushie’s removal.
Before her removal, the house had suspended Mrs Ushie for 90 days and directed the vice Chairperson, Egbung Odama, to take charge of the council’s administration.
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‘Resignation’ letter
On Thursday, 11 December, a day after the assembly announced her removal, Mrs Ushie’s “resignation” letter surfaced online.
Okoi Obono-Obla, a former senior special assistant to President Muhammadu Buhari on the recovery of public assets, posted the letter on his Facebook page.
“I write with profound respect and a deep sense of responsibility to formally tender my resignation as the Executive Chairman of Bekwarra Local Government Council, with effect from Monday, 8 December 2025,” Mrs Ushie stated in the letter dated 8 December and addressed to Governor Bassey Otu of Cross River.
Mrs Ushie did not state the reason for her “resignation”, but said it was for “the best interest of the council and the continued progress” of the local government area. She assured the governor of her loyalty and support.
‘Legally incompetent’
Mr Obono-Obla, a lawyer, stated in the Facebook post that Governor Otu is not the “appropriate authority” to receive Mrs Ushie’s resignation.
“Under the Interpretation Act, 2004, particularly section 11, a person may only tender a resignation to the authority that appointed him or her. The law is clear that the power to appoint includes the power to accept resignation. In this case, Mrs Theresa Akwaji Ushie was not appointed by Governor Bassey Edet Otu. She was elected by the people of Bekwarra Local Government Area, and therefore, the governor is not the competent authority to whom her resignation should be addressed.
“In line with the Cross River State Local Government Law, 2018, an elected Local Government Chairman who wishes to resign must direct such resignation to the Secretary of the Local Government Council, or at the very least, to the leader of the local government legislative council, which is the constitutionally recognised legislative arm of the local government. This is consistent with the autonomy granted to local government councils under section 7 of the 1999 Constitution,” Mr Obono-Obla stated.
“The same Local Government Law provides that where a Local Government Chairman resigns, dies, or is removed from office, the Vice Chairman automatically assumes office. This statutory succession mechanism underscores the fact that Local Governments are not appendages of the State Executive, nor are the elected officials appointees of the governor. They constitute an independent tier of government within the Federal Republic of Nigeria.
“Consequently, the letter of resignation dated 8 December 2025 and addressed to the governor of Cross River State is legally incompetent, null, and void, as it was directed to an authority lacking the legal capacity to receive or act upon it,” he added.
Mr Obono-Obla had objected to Mrs Ushie’s removal by the Cross River assembly, arguing that the lawmakers did not follow the laid down procedure.
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