June 13, (THEWILL) – A State High Court, sitting in Port Harcourt and presided over by Justice Mrs Kariba Dagogo Jack, has nullified the amendment of Section 3 of the Rivers State House of Assembly (RSHA) Service Commission Law.
The Martin Amaewhule-led Rivers Assembly had amended the law and stripped the Governor of the constitutional power to appoint Chairman and Members of the Rivers State House of Assembly Service Commission.
Delivering judgement on the matter brought before the court for consideration in a suit filed by an NGO, the Association of Legal Legislative Drafting and Advocacy Practitioners, the presiding Judge said the amendment law no 3, 2024, was inconsistent with the provisions of the 1999 Constitution, and as such null and void.
Justice Dagogo Jack held that the 1999 Constitution (as amended), unambiguously states that the Governor should constitute the board of the House of Assembly Service Commission, and some other commissions, boards and Institutes, subject to the confirmation of the Assembly.
The court declared that the amendment which shifted the power to constitute the House of Assembly Service Commission to the Speaker, contravened the doctrine of separation of powers which guarantees the right of the various arms of government to operate independently of each other.
The presiding Judge further stated that the Rivers State House of Assembly is not authorised by law to exercise executive powers which includes the constitution of the Rivers State House of Assembly Commission, which is among the bodies described in part two of the third schedule of the Constitution whose membership is to be constituted by the Governor.
Speaking with Journalists shortly after the judgement on Tuesday, lead counsel for the NGO, Association of Legal Legislative Drafting and Advocacy Practitioners, Barr Boma Owunabo, said the suit was instituted in the public interest to challenge the usurpation of executive powers by the Amaewhule-led Rivers State Assembly through the amendment.
Barr Owunabo said the NGO was dedicated to ensuring that every legislation in the country is in tandem with the provisions of the Constitution.
He commended the court for her forthrightness, due assessment and evaluation of evidence before delivering the judgement, stating that the judgement was a victory for good governance and the rule of law
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