A High Court in Port Harcourt has nullified a controversial amendment to the Rivers State House of Assembly Service Commission Law, which had transferred the power to appoint the chairman and members of the commission from the governor to the Speaker of the House.
The amendment, enacted by the Martins Amaewhule-led Assembly, was deemed a violation of the Nigerian Constitution, specifically sections 5, 176, 197, and 198, which grant the executive governor the exclusive right to appoint members of boards, commissions, and institutions, subject to confirmation by the State House of Assembly.
Justice Kariba Dagogo-Jack ruled that the amendment was an attempt by legislators to usurp executive powers, violating the principle of separation of powers. The court struck down section three of the law and issued a perpetual injunction preventing its enforcement.
The ruling comes after an NGO, the Association of Legal Legislative Drafting and Advocacy Practitioners, initiated legal action seeking the court’s interpretation of the amendment.
The decision reinforces the importance of checks and balances in governance and ensures that the executive and legislative branches remain within their constitutional bounds.
