The All Progressives Congress (APC) State Assembly Forum (ASAF), has cautioned the Rivers State House of Assembly to refrain from action that could usher in a serious constitutional crisis in the state.
The Forum in a statement after it’s meeting on Saturday in Kaduna, berated the Rivers Assembly on my ts actions last Friday, where it sat to override the state governor, Simi Fubara to the Rivers State House of Assembly Service Commission.
ASAF in a statement signed by it’s head of the directorate of Media and Publicity, Munir Abdulaziz Kachala noted that such action by the Rivers Assembly could infringe on the constitutional rights of the state governor, and inturn breed anarchy and constitutional crisis in Rivers state.
While declaring that the forum was yet to recognize the Rivers assembly members who claimed to have defected from the People’s Democratic Party ((PDP) to the All Progressives Congress (APC), since they are yet to formalize the said defection, the forum maintained that Predident Bola Tinubu has played a fatherly role when he mediated and brought the two leaders back to embrace peace in the interest of the state, adding that the assembly members still have a recognition question as they are still being challenged in the law court.
The forum therefore cautioned the members of Rivers state assembly to accord Predident Tinubu the desired respect and allow peace to reign supreme in the state.
It declared the actions of the assembly as an infringement on the constitutional rights of Governor Fubara as provided in the 1999 constitution as amended.
The statement noted; “In constituting the Rivers State House of Assembly Service Commission, the Chairman and members of the Commission shall be appointed by the Governor, subject to the confirmation by the House of Assembly and the governor shall in making the appointment be guided by the geographical spread and diversity of the people of Rivers State.”
The forum regrets that the Rivers assembly may throw the state into deeper constitutional crisis with it’s current 2024 Amendment Bill, which it has passed into law, removing the governor from exercising his constitutional power to appoint members of the commission, as
the power of appointment is now vested in the House of Assembly.
“The assembly has failed to consider the constitutional power of the Governor. Section 5(2) of the Constitution of the Federal Republic of Nigeria, 1999 provides that the executive powers of the State shall be vested in the Governor of that State.”
Further, section 176(2) provides that:
“The Governor of a State shall be the Chief Executive of that State.”
This follows that the Governor is the Chief Executive Officer of the State Government and by the powers vested on him, is responsible for making appointments into various executive bodies, subject to the provisions of the 1999 Constitution and other statutes. All Commissions and other parastatals are executive bodies under the control of the Governor. The House of Assembly Service Commission is an executive body and as such, the Chairman and members can only be appointed by the Governor.
“The House of Assembly has no powers to make any appointment into an executive body as no statutory body is under the control of the legislature. The Rivers State House of Assembly should not mistake the presence of the building of the Service Commission in its premises as conferring powers on the House to appoint the Chairman and members of the Commission.
“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.” ASAF cautioned.
Recall that the House of Assembly had convened an unscheduled sitting on Friday during which they observed that more than the constitutionally required 30 days had elapsed since they sent the notice of the amendment to the Rivers State House of Assembly Service Commission law to the governor for his assent.
This makes it the second time the Rivers State House of Assembly will override the governor to pass a law this year.
In January, the lawmakers voted to override the governor and pass four bills into law.