Rivers Assembly’s action, nullity in eye of law- Fubara’s CoS
By Innocent Raphael
The Chief of Staff, to Rivers State Governor, Ehie Edison, has faulted the overriding act displayed by the House of Assembly over the Assembly Service Commission (Amendment) law.
Edison stated this on Saturday while reacting to the enactment of the Commission’s law without the assent of the Governor.
He said “The provision in the Rivers State House of Assembly Service Commission (Amendment) Law, 2024 seeking to vest that power on the House is in clear contravention of the 1999 Constitution, and therefore, a nullity in the eyes of the Law”.
The House of Assembly had enacted the law overriding the Governor after the expiration of the 30 days required by his office to sign it.
The new law which repealed the Rivers Assembly Service Commission Law, No. 3 of 2006 and further amended the Rivers Assembly Service Commission Law of 1999, has been labeled by the CoS as a ploy to vest the powers, which originally belonged to the Governor, on the House of Assembly.
Edison, who was until his appointment as the Chief of Staff, a member of the House, described such provision as null and void, alleging that the whole essence of the amendment was to strip the Governor of his powers to appoint the Chairman and members of the Rivers State House of Assembly Service Commission.
His statement read in part: “The import of the 2024 Amendment Bill passed into Law by the House is that the governor will no longer have the power to appoint the Chairman and members of the Rivers State House of Assembly Service Commission and the power of appointment shall be vested in the House of Assembly.”
“The first issue to consider is the Constitutional power of the Governor. Section 5(2) of the Constitution of the Federal Republic of Nigeria, 1999 provides that the executive powers of the State shall be vested in the Governor of that State.
“Further, Section 176(2) provides that the Governor of a State shall be the Chief Executive of that State. This follows that the governor is the Chief Executive Officer of the State Government and by the powers vested on him, is responsible for making appointments into various executive bodies, subject to the provisions of the 1999 Constitution and other statutes.
“All commissions and other parastatals are executive bodies under the control of the governor. The House of Assembly Service Commission is an executive body and as such the Chairman and members can only be appointed by the governor.”
Asserting that the House of Assembly had no powers to make any appointment into an executive body as no statutory body was under the control of the legislature, he warned the House “not to mistake the presence of the building of the Service Commission in its premises as conferring on it, the powers to appoint the Chairman and members of the Commission.”
Edison further argued that the state House of Assembly Service Commission and its staff are under the control of the state government as provided by the Constitution.
He stated that by such provision of the Constitution, the Assembly Service Commission is not an appendage of the legislature but under the control of the State Government.
“Even at the national level, the members of the National Assembly Service Commission are appointed by the President in collaboration with the National Assembly”, he said.
In conclusion, the Chief of Staff berated the move by the Assembly, reaffirming it lacked the powers, legal or otherwise, to remove the power of appointment of the Chairman and members of the Rivers State House of Assembly Service Commission from the Governor and vesting same on themselves.
