A top lawyer has faulted the submission of a resignation letter to Cross River Governor Chief Bassey Otu by Bekwarra Local Government Chairman , raising fresh legal and political concerns.
Mr Obono-Obla, a lawyer, stated in the Facebook post that Cross River Governor Otu is not the “appropriate authority” to receive Mrs Theresa Akwaji Ushie’s resignation.
Ushie, the chairperson of the Bekwarra Local Government Council, had resigned and the letter 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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On Thursday, 11 December, a day after the assembly announced her removal, Mrs Ushie’s “resignation” letter surfaced online.
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.
Resignation letter
“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.
Resignation letter to Governor, void- Okoi
However, Obono-Obla, a former senior special assistant to President Muhammadu Buhari on the recovery of public assets, posted the letter on his Facebook page.
He doubted ‘‘Why the Governor Cannot Receive the Resignation of an Elected Local Government Chairman: The Case of Bekwarra LGA:
Obono-Obla queried ‘‘Is the Governor of Cross River State, Senator (Prince) Bassey Edet Otu, the appropriate authority to whom the embattled Chairman of Bekwarra Local Government Area, Mrs. Theresa Akwaji Ushie, should tender her letter of resignation dated 8 December 2025— a letter that recently surfaced on social media after the Cross River State House of Assembly purportedly removed her from office on 10 December 2025?’’
‘’The answer must be in the negative.’’
According to him, ‘‘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 recognized legislative arm of the Local Government. This is consistent with the autonomy granted to Local Government Councils under section 7 of the 1999 Constitution.
‘‘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 their elected officials appointees of the Governor. They constitute an independent tier of government within the Federal Republic of Nigeria.’’
The APC Chieftain remarked ‘‘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.
‘‘This position is supported by established Nigerian case law. In Macfoy v. UAC (1962) AC 152, the court held that: “You cannot put something on nothing and expect it to stand.”
He cited ‘‘Similarly, in A.G. Federation v. Abubakar (2007) 10 NWLR (Pt. 1041) 1, the Supreme Court affirmed that a resignation must be directed to the proper appointing authority, failing which it is a nullity. The Court reiterated this principle in Balonwu v. Governor of Anambra State (2009) 18 NWLR (Pt. 1172) 13, emphasizing strict compliance with statutory procedures for resignation.
‘‘Applying these principles, Mrs. Ushie’s letter addressed to the Governor is a legal impossibility. It rests on no lawful foundation and therefore collapses under the weight of its own defect. The appropriate Latin maxim is:
‘‘Ex nihilo nihil fit — you cannot place something on nothing and expect it to stand.’’
Obono-Obla added that ‘‘Given the provisions of the Interpretation Act 2004, the Cross River State Local Government Law 2018, and binding Nigerian judicial authorities, the Governor of Cross River State is not the proper authority to receive the resignation of an elected Local Government Chairman.
”Any resignation addressed to him is void and without legal effect. The only lawful recipients are the Secretary of the Local Government Council or the Leader of the Legislative Council.’’
