By Magnus Effiong
Controversy surrounding the position of Cross River state House of Assembly Speaker is far from over as a group, Youth Action Network (YAN), has approached a Calabar High Court requesting it to order the Clerk of the Assembly to begin processes for members to formally re-elect Elvert Ayambem or elect a new Speaker immediately.
YAN is arguing that the Speaker, Rt Hon Elvert Ayambam was lawfully removed by 17, out of 25 members on May 22, 2024, and that the process by which he was reinstated was faulty.
Recall that Ayambem, after being removed from office as Speaker over alleged gross misconduct and administrative high handedness on May 22, 2024, was brought back as Speaker after the State Governor, Bassey Otu, reportedly intervened.
With the latest development, Rt Hon Ayambem would have to contend with three-pronged suits against his position. While a suit instituted against the embattled Speaker by Raymond Manga Esq was decided last week, Suit No. HC/155/2024, instituted against him by another private legal practitioner, Mustapha Ogweshi, is said to be pending.
Suit No HC/166/2024, which was instituted by the Youth Action Network (YAN), is the third in the series of legal attempt to have Ayambem sacked. While Joseph Odey, YAN Director General is the plaintiff in the latest suit, defendants are the Cross River State governor, Attorney General of the State, the Clerk of the House and 23 others.
YAN wants the court to determine whether the Assembly can function effectively without a substantive Speaker and that it should declare that Elvert Ayambem remains removed or impeached.
Commenting on the originating summon on the suit, Odey said his group was asking the court for an order of interim injunction restraining the Governor and other government officials from recognizing or relating with Elvert Ayambem as Speaker pending when the motion is heard.
He added that YAN wants the court to further restrain Ayambem from parading himself as Speaker pending when the motion is heard, insisting that the Ayambem was not validly elected back as Speaker after his removal and was therefore holding the position illegally.
“This situation implies that Cross River State does not have a Speaker at present. We want the Court to invalidate all activities of the House of Assembly presided over by Ayambem since his removal,” he submitted.
Checks indicated that the originating summon was brought pursuant to order 19 of the High Court (civil procedure) Rules 2023, and was accompanied by a 13 paragraphs affidavit which Odey, the claimant, deposed to.
This is coming few days after a Calabar High Court, presided over by Justice Emmanuel Abua, ruled that Rt Hon Elvert Ayambem, Speaker of the State House of Assembly, was validly removed by 17, out of 25 members on May 22, 2024.