Pro-Wike lawmakers override Fubara, enact service commission law

The face-off between Governor Siminalayi Fubara and the Rivers State House of Assembly took a new twist on Friday as the majority of the lawmakers enacted a new law without the governor’s assent.

The new law is the Rivers State House of Assembly Service Commission Amendment Law.

Of the 27 lawmakers said to be loyal to the Minister of the Federal Capital Territory, Nyesom Wike, 24 who were present during the emergency plenary on Friday overrode the Governor.

This followed an observation by the House Majority Leader, Hon Major Jack, that the Rivers State House of Assembly Service Commission amendment law, which was sent to the Governor on February 19, 2024 had yet to be assented to by Governor Fubara.

The leader stated, “Mr Speaker, I draw the notice of this House that since then, 30 days have elapsed. Let me go to the Constitution Section 100 (4) where a Bill is presented to the Governor for assent he shall within 30 days thereof signify that he assents or withholds assent.

“Mr. Speaker, having given this letter to the governor, I’m bringing it to the notice of this house that the 30 days have elapsed.”

Speaker of the House, Martin Amaewhule, then called for a debate, and members of the Assembly argued that Section 100 (5) be invoked so that the House can override the governor.

Following the voting, the speaker stated, “Those that voted for, 24, against, nil, abstention, nil. By this voting, 24 members are far and above two-thirds, and what this means is that we have surpassed the constitutional requirements for overriding the assent of the governor.

“By this, the Rivers State House of Assembly Service Commission is hereby passed, and the assent of the governor is no longer required for it to be law in this state.”

This is the second time the Pro-Wike lawmakers will override the state governor.

In January, the House enacted four laws after they said the governor declined his assent to them.

The implication of this law is that the House of Assembly now has the powers to appoint a Chairman and members of the Assembly Service Commission, even as it places the Clerk at par with the State Head of Service, and places the Deputy Clerk and Secretary of the Assembly Service Commission at par with Permanent Secretaries in the State Civil Service.