Factional Speaker Amaewhule Explains Why Governor Fubara Cannot Remove or Redeploy Rivers Assembly Clerk, Deputy

The factional Speaker of Rivers State House of Assembly, Martin Amaewhule, has staunchly rejected the redeployment of the Clerk and Deputy Clerk by Governor Fubara. Amaewhule, leading a faction aligned with FCT Minister Nyesom Wike, asserts that neither the Head of Service nor the Governor possesses the authority to appoint, remove, or transfer these key legislative officers.

Amaewhule, in a press statement, highlights that the Speaker, supported by a 2/3 majority of the House, exclusively holds the power to initiate the removal process. He cites relevant sections of the Assembly Service Commission Law 1999 and House of Assembly (Amendment) Law No. 2012, emphasizing the legal intricacies surrounding the appointment and removal of the Clerk and Deputy Clerk.

According to Amaewhule, Section 6(4) outlines the grounds for removing the Clerk, stating, “The Clerk shall be removed from office upon a petition to the State House of Assembly and a Resolution passed by two-thirds (2/3) majority of Members of the House for his inability to discharge the functions of his office or for misconduct.” Similarly, Section 7(3) stipulates that the removal process for the Deputy Clerk mirrors that of the Clerk.

Amaewhule concludes that the constitutional framework, as outlined in Section 93 of the 1999 Constitution, designates the appointment and removal of the Clerk and Deputy Clerk as the exclusive prerogative of the Speaker and a 2/3 majority of the House. He firmly asserts, “The Head of Service or even the Governor does not have the powers to appoint, remove, or transfer the Clerk or his Deputy once they are appointed.”

However, in a differing perspective, human rights lawyer Henry Ekine argues on a live radio program in Port Harcourt that, as civil servants, the Clerk and Deputy Clerk fall under the jurisdiction of the State Head of Service and can be redeployed by the Head of Service, cautioning against conflating redeployment with removal.

The situation adds a layer of complexity to the ongoing power dynamics within the Rivers State House of Assembly, with legal interpretations and political allegiances at the forefront of the dispute.