Court Nullifies Amaewhule’s Amendment Of Rivers State Assembly Service Commission Law 

JUSTICE Kariba Dagogo Jack of a Rivers State High Court sitting in Port Harcourt has nullified the amendment to Section 3 of the Rivers State House of Assembly Service Commission Law which stripped the governor of the authority to appoint the Chairman and members of the Rivers State House of Assembly Service Commission.

It will be recalled that Martin Amaewhule-led Assembly effected the amendment which effectively whittled down the power of the governor. 

The Association of Legal Legislative Drafting and Advocacy Practitioners (ALLDAP) challenged the amendment. 

Delivering judgment today, Justice Dagogo Jack held that Amendment Law No. 3, 2024, was inconsistent with the provisions of the Nigerian Constitution and therefore null and void. “The Constitution clearly states that the Governor should constitute the board of the House of Assembly Service Commission and other commissions, boards, and institutes, subject to confirmation by the Assembly,” the court held. 

The court further held that the amendment, which transferred this appointing power to the Speaker, violated the doctrine of separation of powers, which ensures the independence of the various arms of government.

The judgment clarified that the Rivers State House of Assembly does not have the legal authority to exercise executive powers, including the constitution of the Rivers State House of Assembly Service Commission. This commission is among the bodies described in Part Two of the Third Schedule of the Constitution, whose membership must be constituted by the Governor.

Following the judgment, Barr. Boma Owunabo, lead counsel to ALLDAP, explained that the suit was filed in the public interest to challenge the perceived usurpation of executive powers by the Rivers State Assembly. He highlighted that the NGO was committed to ensuring all legislation aligns with constitutional provisions.

Barr. Owunabo praised Justice Dagogo Jack for her thorough evaluation of the evidence and her dedication to upholding the rule of law. “This judgment is a victory for good governance and the rule of law,” he remarked, underscoring its significance in maintaining the constitutional balance of power in the state.

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