RSG Faults Assembly On Assembly Service Commission Law

The Rivers State Government has faulted the State House of Assembly over the passing into law of the Rivers State House of Assembly Service Commission Amendment Bill, 2024.
The Tide learnt that 24 lawmakers loyal to the Federal Capital Territory (FCT) Minister, Nyesom Wike, were present at last Friday’s emergency plenary where the new law was enacted without the governor’s assent.
The action of the lawmakers to override the governor was sequel to an observation by the House Majority Leader, Major Jack, that the Rivers State House of Assembly Service Commission Amendment Bill which was sent to Governor Siminalayi Fubara since February 19, 2024 had yet to be assented to by the governor.
But the Chief of Staff, Rivers State Government House, Hon. Edison Ehie, in a statement issued in Port Harcourt on Saturday and made available to The Tide, 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.”
Ehie argued that the alteration to the Third Schedule, paragraph 1A provides that the composition, tenure, structure, finance, functions, powers, and other proceedings of the Commission shall be as prescribed by a law of the House of Assembly of the State, but that the appointment of the Chairman and members of the Commission is not listed therein.
He, therefore, asserted that the power to appoint the Chairman and members of the House of Assembly Service Commission lies with the governor, as is the case with the other bodies listed under Section 197 of the 1999 Constitution.
“There is nothing in the Alteration that, by any stretch of imagination, can be inferred to confer the power of appointing the Chairman and members of the Rivers State House of Assembly Service Commission on the Rivers State House of Assembly, notwithstanding the fact that the law creating the Commission was enacted by the Rivers State House of Assembly”, he said.
The Chief of Staff further argued that the purport of Section 318 of the 1999 Constitution is that the Assembly Service Commission is not an appendage of the legislature but under the control of the State Government, adding that, “Even at the national level, the members of the National Assembly Service Commission are appointed by the President in collaboration with the National Assembly.”