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
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.
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