From Ene Asuquo, Calabar

Former Senior Special Adviser on prosecution in the immediate past administration of President Buhari, Okoi Obon Obla has criticized the suspension of four members of the Governing Council of the University of Cross River State by the Cross River House of Assembly for alleged diversion of university assets, describing it as illegal.

Obla in a statement sighted by our correspondent in Calabar reacted to the suspension of the four members of the University governing council by the State House of Assembly stating that by law, the Assembly has no right to fire who they did not hire.

The statement reads; “I unreservedly condemn such acts and support a thorough investigation leading to the appropriate punishment of any culprits.

According to him, “The Cross River State House of Assembly possesses no jurisdiction to investigate the commission of a crime under any pretext, maintaining that its primary function is to enact laws for the peace, stability, and good governance of Cross River State”.

He said, “In fulfilling its lawmaking role, the House has ancillary responsibilities, as outlined in Section 128, to exercise oversight of the executive branch, including its agencies, ministries, departments and commissions, such as the University of Cross River State”. Stressing that the oversight aims to expose corruption, inefficiency, and maladministration, thereby improving the laws establishing these entities.

“The University of Cross River State was established by Cross River State (Establishment) Law No. 2 of 2020. This law vests in the Governor of Cross River State the power to appoint the Chairman/Pro-Chancellor and members of the Governing Council”.

“A fundamental legal principle dictates that the power to suspend derives from the power to appoint. Because the House of Assembly lacks the authority to appoint members to the Governing Council of the University of Cross River State, it is precluded from suspending those members”.

He maintained that the power to suspend, in this instance, rests solely with the Governor, as the appointing authority.

Citing Section 11, subsection 2, paragraphs (a), (b), (c)(i), and (c)(ii) of the Interpretation Act provides as follows:

Where an enactment confers a power to appoint a person either to an office or to exercise any functions, whether for a specified period or not, the power includes: Power to appoint a person by name or to appoint the holder from time to time of a particular office, Power to remove or suspend him, Power, exercisable in the manner and subject to the limitations and conditions (if any) applicable to the power to appoint.

Obla maintained that the purported suspension of five members of the University of Cross River State on 25 March 2025 for the alleged crime of diversion or theft of university assets by the Cross River State House of Assembly is illegal, wrongful, and unconstitutional.

“Legally, a foundation of nothing cannot support anything. It will inevitably collapse because nothing can come from nothing”.

He advised the Cross River State House of Assembly to remain abreast of the provisions of the Constitution of the Federal Republic of Nigeria, 1999, and to adhere strictly to the boundaries and limitations of its assigned powers.

Stating that this will safeguard the Assembly from public condemnation and ridicule and prevent any constitutional conflict with the Executive branch of government, Obla stated.