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Chief of Staff to Governor Siminalayi Fubara of Rivers State, Edison Ehie, has challenged the State House of Assembly on the passage into law of the repealed House of Assembly Service Commission Bill, overriding the power of the Governor at a plenary on Friday.The law as repealed took away the power to appoint the Chairman and members of the State House of Assembly Service Commission from the Governor and vested it on the Assembly.
He explained that the Constitution in Section 5 vests the executive powers of the State in the Governor, to make appointments to various executive bodies. Thus, the House of Assembly does not have the authority to make such appointments. “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.”
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.
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.
staff of any educational institution established or financed principally by a government of a State; and Further, in A.G Bendel v AG Federation & 22 Ors 3 NCLRI, the Supreme Court held per Fatayi Williams CJN “neither a State nor an individual can contract out of the provisions of the Constitution. The reason for this is that a contract to do a thing which cannot be done without a violation of the Law is void.”
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