24th November, 2023
By Okafor Ofiebor/Port Harcourt
The factional Speaker of Rivers Assembly, Martin Amaewhule, has dismissed the redeployment of the Clerk, Deputy Clerk of the House by Governor Fubara as announced through the Head of Service as null and void.
Amaewhule, who is leading a faction of the Assembly loyal to FCT Minister Nyesom Wike emphasized that neither the Head of Service nor the Governor has the power to appoint, remove or transfer the Clerk and Deputy of Assembly as “it’s the exclusive preserve of the Speaker on a written petition and by the 2/3 thirds majority of the House”.
The factional Speaker who was reacting to the deployment of the two top legislative Officers in a press statement he personally signed, cited section of the Assembly Service Commission Law 1999 and House of Assembly (Amendment) law No. 2012 on appointment and removal of the removal of the Clerk and Deputy Clerk to back his position.
He noted that the process for removal of the Clerk and the Deputy was set out in Section 6 (4) and Section 7(3) House of Assembly law respectively.
He noted that Section 6(4) reads “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 (whether arising from infirmity of mind or body or from any other cause) or for misconduct.”
Section 7(3) says “The removal of the Deputy Clerk shall be the same as that of the Clerk”.
He further pointed out that, Section 93 of the 1999 Constitution as amended indicated that: “There shall be a Clerk to a House of Assembly and such other staff as may be prescribed by a Law enacted by the House of Assembly, and the method of appointment of the Clerk and other staff of the House shall be as prescribed by that Law.”
Amaewhule, concluded that “From the above it clearly shows that appointment and removal of the Clerk and Deputy Clerk are the exclusive reserve of the Speaker and 2/3 majority of the House. 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, a Henry Ekine, a Human Rights lawyer, speaking on a live radio programme in Port Harcourt cautions that on points of law, the Clerk and Deputy Clerk are civil servants who fall under the control of the State Head of Service and can be redeployed by the Head of Service.
“Even if you work in any of the service commissions or any department or any parastatal, as long as you’re a civil servant you fall under the control and the mainstream Civil Service directed by the Head of Service. We don’t have three government will have only one State government. Redeployment is not the same as removal canvassed by Amaewhule,”says Ekine.
Below is the Press Statement by Martin Amaewhule:
“THE SO -CALLED POSTING OF CLERK AND DEPUTY CLERK IS NULL AND VOID… THEIR APPOINTMENT AND REMOVAL IS PURELY THE JOB OF MR. SPEAKER AND 2/3 MAJORITY OF THE HOUSE. ONCE APPOINTED THEY CAN ONLY BE REMOVED BY THE PROVISIONS OF THE SAME RIVERS STATE HOUSE ASSEMBLY COMMISSION LAW THAT PRESCRIBED THEIR APPOINTMENT. OFFICERS OF GOVERNMENT THAT UNDERMINE AND ATTACK THE LEGISLATURE WILL HAVE A DATE WITH THE CONSTITUTIONALLY EMPOWERED HOUSE”.
– RT. HON. MARTIN CHIKE AMAEWHULE DSSRS , SPEAKER RSHA
DISREGARD THE SO-CALLED POSTING OR TRANSFER OF ASSEMBLY STAFF
THE POSITION OF THE RIVERS STATE HOUSE OF ASSEMBLY SERVICE COMMISSION LAW 1999 AND THE RIVERS STATE HOUSE OF ASSEMBLY COMMISSION (AMENDMENT) LAW NO. 10. OF 2012 ON THE APPOINTMENT AND REMOVAL OF THE CLERK AND DEPUTY CLERK OF THE RIVERS STATE HOUSE OF ASSEMBLY
Appointment:
Section 6(1)a says there shall be a Clerk of the Assembly which shall be appointed by the Speaker from the Legislative/Clerk at Table cadre and the appointment shall be based on seniority, merit, competence and experience subject to the confirmation by the Rivers State House of Assembly.
Section 7(1) says that the Speaker shall appoint the Deputy Clerk who shall be the most senior officer from the Legislative Officer/ Clerk cadre.
Removal:
The procedure for the removal of the Clerk and Deputy Clerk of the Rivers State House of Assembly is provided for in Section 6 (4) and Section 7(3) respectively. Section 6(4) reads “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 (whether arising from infirmity of mind or body or from any other cause) or for misconduct.”
Section 7(3) says “ The removal of the Deputy Clerk shall be the same as that of the Clerk”
Meanwhile,Section 93 of the 1999 Constitution as amended says that.
“There shall be a Clerk to a House of Assembly and such other staff as may be prescribed by a Law enacted by the House of Assembly, and the method of appointment of the Clerk and other staff of the House shall be as prescribed by that Law.”
From the above it clearly shows that appointment and removal of the Clerk and Deputy Clerk are the exclusive reserve of the Speaker and 2/3 majority of the House . 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.
“THE SO -CALLED POSTING OF CLERK AND DEPUTY CLERK IS NULL AND VOID… THEIR APPOINTMENT AND REMOVAL IS PURELY THE JOB OF MR. SPEAKER AND 2/3 MAJORITY OF THE HOUSE. ONCE APPOINTED THEY CAN ONLY BE REMOVED BY THE PROVISIONS OF THE SAME RIVERS STATE HOUSE ASSEMBLY COMMISSION LAW THAT PRESCRIBED THEIR APPOINTMENT. OFFICERS OF GOVERNMENT THAT UNDERMINE AND ATTACK THE LEGISLATURE WILL HAVE A DATE WITH THE CONSTITUTIONALLY EMPOWERED HOUSE”.
– RT. HON. MARTIN CHIKE AMAEWHULE DSSRS , SPEAKER RSHA