By Sam Akanimo
A Port Harcourt High Court in Rivers State presided over by Justice Mrs Kariba Dagogo Jack, has nullified the amendment of Section 3 of the state House of Assembly Service Commission Law by the Martin Amaewhule-led Assembly.
The controversial pro-Wike factional leader of the polarised state Legislature, sought to strip Governor Simi Fubara of the constitutional power to appoint the chairman and members of the state House of Assembly Service Commission.
Governor Fubara and his predecessor, Nyesom Wike, have been locked in a distracting power tussle since last year which resulted in a failed move to kick the governor out of office.
Delivering judgment on a matter which was brought before the court for consideration in a suit by an NGO, Association of Legal Legislative Drafting and Advocacy Practitioners, the judge said the amendment law number 3 of 2024, was inconsistent with the provisions of the Constitution, and as such null and void.
She said the constitution unambiguously state that the governor should constitute the board of the House of Assembly Service Commission, and some other commissions, boards and Institutes, but based on the confirmation of the Assembly.
She declared that the amendment which shifted the power to constitute the service commission to the speaker, contravene the doctrine of separation of powers which guarantees the right of the various arms of government to operate independently of each other.
The judge further ruled that the state House of Assembly is not authorised by law to exercise executive powers which includes the constitution of the House service commission, which is among bodies described in part two of the third schedule of the constitution whose membership are to be constituted by the governor.
Meanwhile, lead counsel for the NGO, Boma Owunabo, said the suit was instituted in public interest to challenge the usurpation of executive powers by the Amaewhule-led state Assembly through the amendment.
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 presiding judge 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.
