Recall that of the 27 pro-Wike lawmakers, 24 who were present at Friday’s emergency plenary had enacted a new law without the governor’s assent overriding Governor Siminalayi Fubara.
The action of the lawmakers followed an observation by the House Majority Leader, Major Jack, that the Rivers State House of Assembly Service Commission amendment law which was sent to the governor on February 19, 2024 had yet to be assented to by Fubara.
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 stated, “The Rivers State House of Assembly lacks 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 vest that power on themselves.
“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. 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The bill, according to him, repealed the Rivers State House of Assembly Service Commission (Amendment) Law, No. 3 of 2006 and further amended the Rivers State House of Assembly Service Commission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 vest that power on the House is in clear contravention of the 1999 Constitution, and therefore, a nullity in the eyes of 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 comprise a Chairman and four other members.
3 “Section 2(2) of the Principal Law is amended by repealing subsection (2) and substituting the following subsection:
“(2) The Chairman and members of the Commission shall be appointed by the Governor subject to the confirmation by the House of Assembly and shall in making the appointment be guided by the geographical spread and diversity of the people of Rivers State.”
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 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 in 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.
“The House of Assembly has no powers 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 mistake the presence of the building of the Service Commission in its premises as conferring powers on the House to appoint the Chairman and members of the Commission.”
