By Abasi Ita
Governor Bassey Otu is facing a legal battle at the Federal High Court in Abuja following his attempt to transfer the payroll of the 18 local government councils in Cross River State to the office of the state Accountant General.
The suit was filed by Abuja based lawyer, Max Ogar, who is challenging the legality of the policy through a public interest litigation. Listed as defendants in the case are the Cross River State Attorney General, the Ministry of Justice in Calabar, and the Attorney General of the Federation.
In the originating summons, the plaintiff is asking the court to determine whether the directive undermines local government autonomy, particularly in view of the Supreme Court judgment in Attorney General of the Federation v. Attorney General of Abia State & 35 Ors. delivered on July 11, 2024.
The suit further raises questions on whether the directive aligns with Sections 7 and 162 of the 1999 Constitution as amended, as well as Section 6 of the Cross River State Local Government Amendment Law, 2025.
Court documents indicate that the plaintiff is seeking declarations that the directive is unconstitutional and inconsistent with existing legal provisions, arguing that it runs contrary to the Supreme Court ruling affirming local government autonomy.
He is also asking the court to restrain the Cross River State Government from taking further actions that could weaken the financial independence of the 18 local government councils.
The directive has also drawn criticism from the National Union of Local Government Employees in Cross River State. In a letter dated March 12, 2026, and addressed to Governor Otu, the union described the move as an attempt to merge local government payrolls into the state system, warning that it contravenes constitutional provisions.