Gov. Fubara chief of staff reacts as lawmakers override Rivers governor

Chief of Staff to Governor Siminalayi Fubara of Rivers State, Edison Ehie, has knocked the State House of Assembly for overriding the power of the governor on the passage into law of the repealed House of Assembly Service Commission Bill.

The law as repealed took away the power to appoint the chairman and members of the State House of Assembly Service Commission from the governor and vested it in the Assembly.

Ehie, who was a contender for the speakership of the House during the recent political crisis, said the lawmakers lack the power to do so.

He argued that 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.

His argument is contained in a piece he titled, “Can the Rivers State House of Assembly remove the power of the governor to appoint the chairman and members of the Rivers State House of Assembly Service Commission and transfer it to the house?” released on Saturday afternoon in Port Harcourt.

Ehie, a lawyer and former deputy speaker of the House, based his argument on the Constitutional Power of the Governor as ascribed by the 1999 Constitution.

He explained that the Constitution in Section 5(2) 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.

He said the job of the Rivers State House of Assembly ends with the confirmation of the appointees as Section 198 of the 1999 Constitution gives the Governor the power of appointment into various executive bodies.

“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,” he said.

“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. See the case of MacFoy v UAC (1961) 3 All ER 1169 where the court held that you cannot put something on nothing and expect it to stand.

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“In that case, Lord Denning stated: ‘If an act is void, then it is in law a nullity. It is not only bad, but incurably bad. There is no need for an order of court to set it aside. It is automatically null and void without more ado, though it is sometimes more convenient to have the court declare it to be so. And every proceeding which is founded on it is also bad and incurably bad. You cannot put something on nothing and expect it to stay there. It will collapse.”