The government of Rivers State disagrees with the State House of Assembly for making a new law called the Rivers State House of Assembly Service Commission Amendment Bill, 2024
Out of the 27 pro-Wike lawmakers, 24 were present at Friday’s emergency plenary and they made a new law without the governor's approval, overriding Governor Siminalayi Fubara.
The lawmakers took action after the House Majority Leader, Major Jack, noticed that the governor had not approved the Rivers State House of Assembly Service Commission amendment law which was sent to him on February 19, 2024.
But the Chief of Staff, Rivers State Government House, Edison Ehie, in a statement issued in Port Harcourt on Saturday said the lawmakers lacked the powers they intend to assume.
Ehie said, “The Rivers State House of Assembly does not have the power, legal or otherwise, to take away the governor's authority to appoint the Chairman and members of the Rivers State House of Assembly Service Commission and give that power to themselves.
“The provision in the Rivers State House of Assembly Service Commission (Amendment) Law, 2024 seeking to give that power to the House goes against the 1999 Constitution, and therefore, is not valid according to the law. See the case of MacFoy v UAC (1961) 3 All ER 1169 where the court held that you cannot put something on nothing and expect it to stand.”
Fubara’s aide recalled that on Thursday, February 15, 2024, during its 109th sitting, the House passed into law, the Rivers State House of Assembly Service Commission (Amendment) Bill, 2024.
The bill, according to him, repealed the Rivers State House of Assembly Service Commission (Amendment) Law, No. 3 of 2006 and further amended the Rivers State House of Assembly Service Commission Law of 1999.
Ehie explained that the provision in the Rivers State House of Assembly Service Commission (Amendment) Law, 2024, seeking to give that power to the House goes against the 1999 Constitution, and therefore, is not valid according to the law.
Ehie further said the Rivers State House of Assembly Service Commission was established by the Rivers State House of Assembly Service Commission Law of 1999, saying Section 2 of the law provides that :
“The Commission shall comprise a Chairman and four other members who shall in the opinion of the Speaker be persons of unquestionable integrity.
“The Chairman and members of the Commission shall be appointed by the Rivers State House of Assembly acting on the advice and recommendation of the House Committee of Selection and shall in making the appointment be guided by the geographical spread and diversity of the people of Rivers State.”
He said that the above section was repealed by the Rivers State House of Assembly Service Commission (Amendment) Law No 3, 2006, saying that in Sections 2 and 3, the Amendment Law provides that:
“S. 2 “Section 2 of the Principal Law is amended by repealing subsection (1) and substituting the following subsection:
“(1) The Commission shall consist of a Chairman and four other members.
3 “Section 2(2) of the Principal Law is changed by removing subsection (2) and substituting the following subsection:
“(2) The Chairman and members of the Commission will be chosen by the Governor with the approval of the House of Assembly and should consider the geographical spread and diversity of the people of Rivers State when making the appointment.”
Continuing, he said, “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 states that the executive powers of the State shall be given to the Governor of that State.” Further, Section 176(2) states that: “The Governor of a State shall be the Chief Executive of that State.
“This means that the governor is the Chief Executive Officer of the State Government and by the powers given to him, is responsible for making appointments into various executive bodies, following the provisions of the 1999 Constitution and other laws.
“All commissions and other agencies are executive bodies under the control of the Governor. The House of Assembly Service Commission is an executive body and therefore, the Chairman and members can only be appointed by the governor.
“The House of Assembly has no authority to make any appointment into an executive body as no statutory body is under the control of the legislature. The Rivers State House of Assembly should not consider the presence of the building of the Service Commission in its premises as giving powers to the House to appoint the Chairman and members of the Commission.”
