High Court Nullifies Amendment To Rivers Assembly Commission Law

The High Court in Rivers State has nullified section three of the recently amended Rivers State House of Assembly Service Commission Law, which had shifted the power to appoint the commission’s chairman and members from the governor to the Speaker of the House. This amendment was passed by the Martins Amaewhule-led Assembly following a veto by Governor Siminalayi Fubara.

The legal challenge was brought forward by the Association of Legal Legislative Drafting and Advocacy Practitioners, an NGO, which argued that the amendment contradicted the Nigerian Constitution. The NGO sought a judicial interpretation to verify the constitutional validity of section three of the amended law.

In her ruling, Justice Kariba Dagogo-Jack determined that the amendment breached sections 5, 176, 197, and 198 of the Nigerian Constitution. The judge emphasized that the constitution grants state governors the exclusive authority to appoint members of boards, commissions, and institutions, including the States Assembly Service Commission, with the requirement that these appointments be confirmed by the States Houses of Assembly.

Justice Dagogo-Jack criticized the Assembly’s amendment as an overreach, stating it violated the principle of separation of powers by allowing legislators to encroach on executive responsibilities. As a result, she issued an order striking down the contested section of the law and imposed a perpetual injunction to prevent its enforcement.

Following the judgment, Boma Owunabo, counsel for the NGO, hailed the decision as a triumph for the rule of law and good governance.