From Aniekan Aniekan, Calabar
A private legal practitioner in Cross River State, Mustapha Ogweshi, has sued the Speaker of the state House of Assembly, Elvert Ayambem, over his impeachment by members of the assembly.
Other parties joined in the suit alongside Ayambem are the Office of the Speaker of the state assembly, the Cross River State House of Assembly and the Attorney General and Commissioner of Justice of the state, who are second to fourth respondents, respectively.
Mustapha Ogweshi, the claimant in the case which has as number HC/155/2024, has put forth four questions for the court to determine. The claimant wants the court to determine if the first defendant has the power to continue parading as speaker after he was removed from office.
The claimant also wants the court to determine if the first defendant was legally, validly and properly removed from office. In addition, he wants the court to determine whether a press release issued by the Chief Press Secretary to the Governor of Cross River State can validly reinstate the first defendant as speaker.
The claimant also wants the court to determine if the first defendant can be imposed on the third defendant as its speaker, vide a vote of confidence by members of the third defendant or by press release or by executive fiat of the governor of Cross River State.
Upon determination of these questions, the claimant wants the court to declare that the third defendant currently does not have a speaker. The claimant also wants the court to declare that the first defendant remains legally, validly and properly removed as speaker and cannot be imposed or reinstated on the third defendant.
He also seeks a declaration that the reinstatement of the first defendant is unconstitutional, null and void. He also wants the court to issue an order of injunction restraining the first defendant, forthwith, from acting and parading himself as speaker of the third defendant.