For The Record
Theme: ‘Budget Of Consolidation’
Budget speech of the Government of Rivers State presented to the Rivers State House of Assembly by the Executive Governor of Rivers State, Rt. Hon Chibuike Rotimi Amaechi on the 23rd of December, 2010.
Protocols:
I count it both an honour and a privilege to present the 2010 budget to this honourable house. This is my third budget speech in this hallowed chamber. Our budgets in our first two years in office were motivated by a deliberate policy to promptly tackle the unacceptable abyss of decay into which our human capital and physical infrastructure had sunk. We were emboldened by our courage of conviction that we have no alternative than to confront our developmental challenges regardless of the costs. To choose to do otherwise will amount to a betrayal of the yearnings of the majority of the poor population of Rivers State.
After two years, Mr. Speaker, we are confident that adequate foundations have been laid for the rebuilding of our state and we are now safely on the path to recovery. Our focus must now inevitably be on how to consolidate the gains of the past two years. To this end, our resources and best endeavours must be channeled towards completing on-going projects, whilst building veritable institutions for the medium and long term sustainability of our people.
As it’s traditional, I will most respectfully, present an abridged version of the budget statement to you this morning. Details of the budget are contained in the 2010 Appropriation bill, which I will, with your kind leave, lay before this Honourable House for your gracious consideration and passage into law, for the benefit of the people of Rivers State.
Our Macro- Economic Outlook for 2010
Mr. Speaker, Rivers State economy ranks among the best two performing State economies in the Federation and has the potential to grow even bigger. In terms of population, Rivers State is 6th in the Federation and higher than 131 countries in the world. The State is by population as big as Denmark, Norway, Singapore, and Ireland and bigger than Botswana, Namibia, and Liberia just to mention but a few. She produces about 40% of Nigerian crude and 100% of her gas export. Coupled with her marine and rich agricultural potentials, she is in resources richer than many countries in the world. But there is a paradox which has continued to remain a challenge, i.e. high level of contribution to the country’s GDP and foreign earnings not reflected in the domestic economy. Our economy is still at the subsistence level; income is low and characterised by high unemployment. Most of the economic activities are still at the informal sector and mostly centered on rural agriculture.
By this anomaly, we are operating two parallel economies as the oil and gas sector is yet to be linked with our domestic economy with our people as active participants. The reason is that the oil business is technology driven and our youths lack the requisite skills to be integrated into the oil and gas economy. In order to reverse this trend, Government is sponsoring over 1500 Rivers youth in top institutions abroad, in key areas of science and technology. This is part of our scholarship scheme aimed at aggressive human capacity development. This administration will strive to integrate oil and gas business to the local economy. Besides the integration of our economy, we will explore the economic advantages of modern agriculture which offers the brightest hope for rapid economic transformation.
Our State economic outlook and potentials for 2010, is quite promising. It is expected that business climate will significantly improve in 2010 following the return of peace to the Niger Delta. Our Government is committed to ensuring the security of lives and property in the State. Mr. Speaker, May I seize this opportunity to reiterate our determination to guarantee that people can do business and live in Rivers State without fear of molestation. It is now evident that tourism has returned as the security situation is fast improving daily. The confidence of local and international investors is now regenerated and will grow significantly in 2010.
With an estimated monthly oil export of 2.29mbpd based on a benchmark price of $57/barrel in 2010, the federation account is also expected to increase beyond the 2009 level. We have now strengthened the institutional mechanisms for internal revenue generation. It is expected therefore that we will enter 2010 with high hopes and expectations. The internally generated revenue (IGR) profile of the state will significantly improve in 2010.
Key Policy Framework for 2010
While there was much progress in governance in 2009 and despite our passion to fast track development of our dear State, there are emerging disturbing signals and challenges which must be addressed. Notable among them are the weak structures of governance in the State. To this end, the Rivers state Government is partnering with the UNDP to come up with proposals that will strengthen the weak structures of Government.
In order to remain focused on the mission of this Administration, therefore, the policy thrust of the 2010 budget will therefore be:
· Completing the ongoing projects in the critical sectors
· Shifting focus of implementation from resource commitment to monitoring of actual deliverables expected from MDAs
· Strengthening government institutions and Improving competences and capacities in the public service for effective governance and service delivery
· vigorously pursuing the public expenditure management(PEM) reform programme with strong emphasis on budget/planning reform process using the Medium Term Expenditure framework (MTEF) model
· Strengthening the monitoring process to generate continuous flow of reliable data on budget implementation and status of projects
· Repositioning the State to her former status as the best investment destination in Nigeria
· Laying the ground work for agriculture as a sustainable foundation for our economic transformation
· Using PPP as a strategy to improve infrastructure
Mr. Speaker, This is not an easy task to achieve but with God on our side and with your cooperation it is realizable.
2009 Budget Performance Review
The 2009 budget was proactively prepared taking into consideration the global economic downturn and attendant dwindling revenues. It was therefore to all intents and purposes a realistic budget. On the whole, the budget performed creditably, despite unforeseen circumstance.
I am proud to report that our 2009 budget performance was above national average.
Mr. Speaker, in 2009, we estimated total revenue of N328.28 billion, but in the first three quarters of the year, 2009 (January-September), actual revenue realised was N175.52 billion. The amount realised up to September represents 71.29% of the total revenue projection for the same period. This slight short fall is attributed to the drop in the federation account due to the under performance of the oil sector and the internally generated revenue as well the loss of revenue on the disputed oil wells. Further breakdown shows that N149.16 billion was collected from federation account as at September, 2009 against an estimated projection of N171.96 billion for the same period – this rep resents a performance of 86.74%. With regards to IGR, while the amount of N99 billion was projected for the year, as at the end of September, 2009, only N26.37 billion was collected, showing a performance of 35.52%.
On the expenditure side, the total amount spent by MDAs as at September, 2009 (capital and recurrent) was N169.34 billion as against N324.25billion provided for in the Appropriation law for the same period. This figure represents 52.23% of the amount budgeted for the entire year. Capital expenditure stood at N104.83 billion, which is 40.6% of the amount actually approved for expenditure within the period and 30% of the amount provided in the appropriation law for the entire year. N66.05 billion was approved recurrent expenditure for the MDAs during the period, but N64.52billion was actually spent. This represents 97.7% of the approved budget estimate for expenditure and 73.3% of the year’s recurrent budget.
The capital expenditure outlay made so far was on the critical investments in physical and human infrastructure. Huge investment commitments have been made in the construction of 350 model primary and 24 model secondary schools in the State, in addition to other educational infrastructures. The health sub sector is also witnessing a massive turn around with the construction of 102 standard Primary Health care centres and hospitals across the State; the power projects to touch all the nooks and crannies of the State has begun, not 506km of road construction, 30 bridges, four flyovers and five land reclamation/ shore protection projects.
Mr. Speaker, notwithstanding the impressive performance of the Government in the year 2009, there are challenges that needed to be confronted in 2010. These include:
· returning the state to her former status as one of the best investment destinations in Nigeria.
· improving the efficiency and effectiveness of the conduct of government business.
· reducing the over reliance on federation account and boosting internal revenue performance.
· continuously improving physical infrastructure and development of human capital to meet international standard.
Mr. Speaker, with your cooperation, we embarked on ambitious infrastructural projects to fast track the development of our State and people, however the fruits of these investments cannot be realised without further investments to consolidate what we have already started. Hence we captioned 2010 budget as the Budget of Consolidation.
The 2010 Budget
The estimated total amount which will be available for expenditure for the year 2010 is N429 billion. This amount is slightly below the 2009 approved estimate of N432.28 billion. It is expected that this amount will be funded from the following sources:
· Federal Allocation (Statutory allocation, 13%, VAT, etc) N275.50billion
· Internally Generated Revenue (IGR) N93.50billion
· Rivers State Government Savings in 2009 N60.00billion
Total N429.00billion
This shows that out of the total estimated revenue of N369 billion, Federation Account will contribute 74.66% and Internally Generated Revenue (IGR) 25.34%. These figures are comparable to that of last year. This position is predicated on our assumption of $50 per barrel of crude oil and on the need to operate a realistic balanced budget. In addition to consolidating on our achievements of 2009, we would be making new investments in other critical areas. In 2010, we plan to embark on new water projects to improve the water supply in Port Harcourt and other urban areas in the State. The State Government will also kick start a rural water scheme in Gokana Local Government Area early next year. The model schools completed need to be equipped, more teachers are to be employed and the completed health centres fully equipped and functional in 2010. Over 200 new doctors have already been employed.
The total expenditure for the year 2010 therefore, is estimated at N429 billion, which is N3.28 billion below that of 2009. Of this amount, N90 billion, representing 21%, is proposed for recurrent spending and N339 billion which is 79% of the budget is earmarked for capital expenditure. As expected, capital expenditure in the critical sectors amounted to N222billion broken down as follows:
MDAs Estimates % of Capital Budget
Education N70billion 16%
Works N70billion 16%
Power N23billion 5.36%
Sports N22billion 5.13%
Health N18billion 4.20%
Water N14billion 3.26% Housing N3billion 0.70% Agriculture N2billion 0.50% Total
N222billion 51.15%
Wages and salaries for fiscal year 2010 are estimated at N65.9 billion, equivalent to 73.2% of the Recurrent Budget and 15.4% of total expenditure for the year 2010, while overhead cost is projected at N24.01 billion.
Tax system
Hon. Speaker, it is important to mention that, we will pursue vigorously the tax reform project by continuing the modernisation of the state tax system to enhance revenue administration using ICT as a strategic tool. The reform process will also focus on plugging loopholes to reduce tax evasion. Increased emphasis would be placed on the evaluation of tax systems and development of database with the state- of –the- art technology to enhance tax compliance. With the improved atmosphere in the Niger Delta, it is believed IGR performance will surpass that of 2009 in actual returns.
Private Sector Development
Mr. Speaker, I will not conclude this presentation without mentioning the need to develop the private sector to serve as an engine for growth if Rivers State is to make headway in addressing a number of key growth challenges for sustainable economic development. To this end, Government is creating an enabling environment, including putting in place the necessary policy programs, incentive packages, and appropriate legal, and regulatory framework, for private sector investment in the state.
Mr. Speaker, other strategies for developing the private sector include the following:-
• Promoting public-private partnerships (PPP) to accelerate the development and implementation of policies and programmes.
• Reducing the economic and non-economic cost of doing business to enable the private sector to flourish; and
• Enhancing the quality of dialogue with the private sector on policy formulation and implementation.
Mr. Speaker and Honourable members of the State House of Assembly, our government is committed to ensuring that we fulfill our promise to develop our state, revive our economy and improve the lives of our people. This is the focus of our 2010 Budget of Consolidation. May I therefore lay before you, the 2010 Budget of the Rivers State Government for your consideration and passage into law, and urge you most respectfully to begin deliberations in earnest.
I wish you all a Merry Christmas and truly fulfilling 2010 while thanking you for listening.
For The Record
BROADCAST BY HIS EXCELLENCY, SIR SIMINALAVI FUBARA, GSSRS ON TUESDAY, 18TH JUNE, 2024
For The Record
An Open Letter To President Bola Ahmed Tinubu On The Imperative Of Revisiting The Eight-Point Resolution Brokered As Truce For The Rivers Political Crisis
Your Excellency, as belated as it may come, please, do accept my congratulations on your victory in the last Presidential election, and the seamless swearing-in ceremony that ushered you in as the sixth democratically elected President and Commander-in-Chief of the Armed Forces of the Federal Republic of Nigeria.
Of course, your victory did not come as a surprise to many, given your antecedents as a democrat, astute administrator and, a go-getter. Whereas your track record as a political activist, especially in the wake of the annulled June 12, 1993 presidential election is self-evident; your exceptional performance as Governor of Lagos State is a clincher any day.
It is my prayer therefore, that the good Lord, who has brought you this far, guide and direct your ways to steer the ship of state aright.
That being said, Your Excellency, please permit me to commence this correspondence with an allegory drawn from our recent past. A few years ago, Chief Olusegun Obasanjo was elected Nigeria’s President on the platform of the Peoples Democratic Party (PDP). You were equally elected Governor of Lagos State on the platform of the Alliance for Democracy (AD). This electoral upshot inevitably placed you in opposition to the government at the centre.
The dust raised in the wake of the elections was yet to settle before you disagreed with then President Obasanjo. The bone of contention transcended personal vendetta, or so it seemed. Again, it happened at a time when our democracy could rightly be described as nascent. You had approached the court to seek judicial interpretation on some grey areas of our constitution, as provided for, in the concurrent list.
Much as Obasanjo would have loved to have things go his own his way, he was apparently restrained by the grundnorm. And he recognized it was within your right to seek judicial interpretation as to whether he wasn’t exercising his powers as president ultra vires. That was the rule of law at play; a classic specimen of what we fondly refer to as the beauty of democracy in our political parlance.Above all, it underscored the centrality of the constitution in resolving state matter.
Nigerians gave you thumbs up for engaging Obasanjo and the federal government all the way up to the Supreme Court. Moreover, happening at a time when the fear of President Obasanjo and the unwritten federal might were considered the beginning of political wisdom in our polity. Of course, the constitution came handy as a leveler between your good self and former President Obasanjo.
In light of the above, Nigerians naturally expect a clear departure from what the Obasanjo era and the immediate past regime offered them as constitutional democracy. Whereas it is still early in the day to rate your performance in this regard, one cannot but acknowledge that you have so far shown that you have some listening ear. Your intervention in what could have degenerated into a total breakdown of law and order in Rivers State late last year comes as a reference point. For me, stepping in to halt the ship of state from completederailment is an eloquent attestation to the fact that you place the security of lives and property, peace and harmony, and national cohesion over and above partisan interest.
You could equally have looked the other way and allow the crisis fester, since Rivers State is a PDP state. But you hearkened to the voice of reason, and that of well-meaning Nigerians, particularly, Chief Edwin Kiagbodo Clark, the leader of the Ijaw nation, and, the Ijaw National Congress (INC) to halt the drift. Notwithstanding your tight schedule, you took out time to summon the governor of Rivers State, Sir Siminalayi Joseph Fubara, his predecessor, now FCT minister, Barr. Ezebunwo Nyesom Wike and Hon. Martins Amaewhule who were the principal actors in the crisis to the Villa, and have them subscribed to a peace deal.
Although I had my reservations over the eight-point resolution ab initio, I refrained myself from joining the bandwagon in pointing out some of the obvious limitations in the document at the time. My position was informed by the following reasons. First, I didn’t see it as the wisest thing to do at a time when the crisis was raging like a wildfire. For me, nothing could have been more paramount than bringing the situation under control, which the armistice effectively accomplished. Second, I trusted your judgment, and honestly believed that you brokered the deal in good faith. I was therefore willing to give the truce the deserved benefit of the doubt by putting it to test. Finally, and most importantly, the governor who was in the eye of the storm was unwavering in restating his commitment to the terms of the truce.
However, three months after the deal was struck, I dare say, Your Excellency; that it has failed in attaining the ultimate goal of reconciling the warring factions.Instead, it had become the template for the palpable tension the state has since been grappling with. This outcome is by no means surprising to any discerning mind. And the reasons are not far-fetched. First, as I mentioned earlier, it would appear that in a bid to halt to the looming anarchy, the constitution which is the grundnorm was not properly consulted in forging the eight-point resolution. Also, a reexamination of the document reveals a certain degree of political fiat in its construct.
That the eight-point resolution has since triggered a plethora of litigations is only natural. That it has induced a near state of anomie clearly points to the inherent flaws in the document. That it has thrown up desperadoesand warmongers like Chief Tony Okocha and Engr. Samuel Nwanosike who now disparage, distract and outrightly abuse a sitting governor with reckless abandon is equally expected. As for Wike, the man believes the governor is his lackey, therefore, tongue-lashing, and outrightly threatening to give the governor sleepless nights are privileges he believes are within his right. But most worrisome, is the fact that Wike doesn’t make empty threats. In other words, backtracking on getting the governor out of office, either by hook or crook isn’t just an option.
The truth is, some of the articles in the eight-point resolution stealthily stripped the governor of the powers and aura of his office;thus exposing him to the ridicule we see today. For instance, article three directed the governor to reinstate former members of the state executive council,who had earlier resigned their appointments from the state cabinet. Truth be told, such directive to a sitting governor, in the very least, leaves a sour taste in the mouth. Perhaps, it would have been a different kettle of fish had the governor whimsically sacked the commissioners because he suspected their allegiance lay with the FCT minister. But here, these supposed honourable men and women resigned their appointments on their own volition, citing “personal grounds”.
One would have expected Your Excellency toresolve the issue a little differently given your groundedness in public and private administration; knowing that trust and mutual respect took flight the moment those commissioners handed in their resignation letters. In other words, people with obvious reservations against each other cannot truly work as a team.
The constitution expressly confers the powers to appoint commissioners on the governor of a state. It follows therefore that commissioners owe their loyalty to the governor who appoints them. While in the saddle, Wike was unequivocal in demanding a hundred percent loyalty from his commissioners. And that was what he got during his eight-year reign. Granted that the commissioners in question were all nominated by the FCT minister as we now know; the question is, was it also within his right to direct their resignation at will, and then re-direct their reinstatement because the plot to remove the governor failed?
If you ask me, requesting Wike, the nominator, to nominate fresh persons in their stead would have created more semblance of statecraft, seriousness in governance and, more importantly, saved the governor’s face. It also would have gone a long way to demonstrate that some things are beyond trifles. Put differently, the notion that a crisis of that magnitude could be resolved absent collateral damage rest on a faulty premise.
Again, article six of the eight-point resolution apparently puts the governor in a catch 22 situation. Directing the governor to re-present the state Appropriation Bill that has already been passed and signed into law to Hon. Martins Amaewhule and his co-travelers, in my humble opinion, was another sore point in the document. I doubt it was a fitting consideration for a failed impeachment that shouldn’t have happened in the first place; not after the courts have already made pronouncements on the issues.
Your Excellency, I honestly believe you didn’t intend the current stalemate between the executive and the legislative arms of government in Rivers State. Nevertheless, that is the reality on ground, as the governor, on one hand, governs the state with an infiltrated state civil service; and Martins Amaehule with his ‘Assembly’ members, working at cross-purposes with the governor, dish out all the anti-executive bills they can imagine. A case in point is the latest piece of legislation coming from the ‘Assembly’. Again, one wonders,what Assembly worth its salt, wouldseekto elongate the tenure of the current local government chairmen and councilors; knowing they were elected and sworn into office for a three-year term that expires in June? The question is, do we now enact our laws retroactively?
Now, to the crux of the matter, Wike is a man with a history of political violence. His politics thrives in an atmosphere of strife and rancour. It cannot be over emphasized that he presently seeks to overheat the Rivers polity, and possibly make the state ungovernable. He is hell bent on accomplishing the intendment of a failed impeachment. His penchant for violence explains why Rivers State under his reign wore the appalling badge of a conquered territory. The state hasn’t exploded yet, given its current tenuous peace of the graveyard,is because, Gov. Siminalaye Fubara has refused to swallow Wike’s bait. In fact, his refusal to join issues with the man he calls master, and probably heat up the polity explains why restive Wike wants 2027 switch place with 2024 in the Nigeria political calendar.
Already, his vicious supporters are on the prowl, momentarily rehearsing vandalism and arson of public and private properties, with no qualms, even in broad day light. Sadly, the license to take laws into their hands springs from standing on Wike’s mandate. This much is evident in a video that has gone viral on the cyberspace. One would have dismissedthe ongoing rampageas the man’s political trademark, except that wily Wike claims to be standing on your mandate, even though he has been most cautious in defecting to his supposedly ‘cancerous’ APC.
Your Excellency, is it not curious that Wike and his supporters are the only band daily chanting “On your mandate we shall stand, Jagaban”, one year after you had contested and won the February 25, 2023 presidential election?
Of utmost concern is the disturbing silence of the Police, the DSS and other security agencies in the face of Wike’s supporters running amok. Rather, than live up to their constitutional billing, they seem to unwittingly nudge the people to resort to self-help. And while they continue in their ostrichism, the fire is being steadily stoked by the man who thinks Rivers State is his sole enterprise, and to balm his bruised ego could unleash the unimaginable.
It is however reassuring that Your Excellency is no stranger to Rivers politics and its combustive nature. As Dr. Peter Odili’s contemporary as governors, you were well abreast of what transpired in the state from 1999-2007. You were also a major player in the Amaechi-Wike debacle while the former was the occupant of Brick House. In fact, you were purported to have saved Amaechi’s skin from the Jonathans, when, in cahoots with Wike, they unleashed the federal might.
You saw Rivers State went upin flame from 2013-2019, all for Wike to succeed his Ikwerre brother as governor in a multi-ethnic state. You were also witnessto how thepolitically induced inferno incredibly extinguished itself as soon as Wike’s vaulting ambition was achieved. But while the carnage last, Rivers people lost their lives in their hundreds.
As governor, and for eight years, Wike ruled like a demigod, and the state, his footstool. He literally vetoed the constitution on Citizens’ Rights, Freedom of Speech, Freedom of Association, Procurement, and Social Justice. In fact, one of the lion-hearted among us aptly tagged the Wike-era as the years of the Rivers of Blood.
Your Excellency, there is no better way to say Rivers State is presently sitting on a keg of gunpowder, while drifting daily towards the precipice. And if something is not done urgently to avert a repetition of its recent ugly past, tomorrow may be too late.
I have personally bemoaned the lot of the Rivers man since the dawn of the fourth republic in my book: The Rivers Season of Insanity. I would spare you the details therein. However, it may interest Your Excellency to know that as a Rivers man; I have tremendous respect for you, just as I envy what you have made of Lagos State. I’m therefore genuinely bothered that Rivers State may just be the odd state out as you are set to replicate the Lagos wonder across the federation. Rivers State can only andtruly share in the Renewed Hope, if Wike is restrained from plunging it into another round of bloodletting.
Much as it is the truth, I hate to reiterate, that in all her abundance, Rivers State can only boast of the loudest and most vaulting chief executives ever, since 1999. The allure to graduate from Brick House to Aso Villa has become an elixir, which those we elect to govern have not been able to extricate themselves from. And to make a bad situation worse, it remains the only state in Nigeria that flaunts an obnoxious injunction that insulates her past and serving governors from the ethics of good governance, such as transparency, accountability and probity.
I have no doubt in my mind that you already saw through Wike and his antics. And it is only a matter of time before you reined him in. My concern however, is that it shouldn’t happen only after he must have thrust the state into another round of massacre. Need I say, that going by his claim, what Wike delivered in last year’s election were Rivers votes, not his votes.
Ask the Jonathans if their alliance with Wike was worth the trouble, given the benefit of hindsight, and your guess will be as good as mine.
In a nutshell,Your Excellency, Rivers State has had more than her fair share of bloodletting since 1999. It is against this backdrop that I most fervently pray that the blood of Dr. Marshall Harry, Chief A. K Dikkibo, Hon. Monday Ndor, Hon. Charles Nsiegbe, Amb. Ignatius Ajuru, Hon. Monday Eleanya, Barr. Ken Aswuete and several other victims of assassination be allowed to water the peace initiative and advocacy of the incumbent governor.
Finally, Your Excellency, in view of the above, it is my humble submission that the eight-point resolution be revisited with the hope that it guarantees sustainable peace and harmony in the Rivers polity.
“The time is always right to do what is right.”
-Martin Luther King Jr.
Thank you for time and consideration.
Yours Respectfully,
Caleb Emmanuel Fubara
Fubara hails from Opobo Town
Background
On Thursday, February 15, 2024 at its 109th Legislative sitting, the House passed into Law, the Rivers State House of Assembly Service Commission (Amendment) Bill, 2024. The Bill repealed the Rivers State House of Assembly Service Commission (Amendment) Law, No. 3 of 2006 and further amended the Rivers State House of Assembly Service Commission Law of 1999. The Bill was sent to the Governor for his assent and after the statutory 30 days, the House re-passed the Bill into Law on 22nd March, 2024.
The Rivers State House of Assembly Service Commission was established by the Rivers State House of Assembly Service Commission Law of 1999. Section 2 provides:
“The Commission shall comprise a Chairman and four other members who shall in the opinion of the Speaker be persons of unquestionable integrity.
“The Chairman and members of the Commission shall be appointed by the Rivers State House of Assembly acting on the advice and recommendation of the House Committee of Selection and shall in making the appointment be guided by the geographical spread and diversity of the people of Rivers State.”
The above section was repealed by the Rivers State House of Assembly Service Commission (Amendment) Law No 3, 2006. In Sections 2 and 3, the Amendment Law provides that:
S. 2 “Section 2 of the Principal Law is amended by repealing subsection (1) and substituting the following subsection:
“(1) The Commission shall comprise a Chairman and 4 (four) other members.
S. 3 “Section 2(2) of the Principal Law is amended by repealing subsection (2) and substituting the following subsection:
“(2) The Chairman and members of the Commission shall be appointed by the Governor subject to the confirmation by the House of Assembly and shall in making the appointment be guided by the geographical spread and diversity of the people of Rivers State.”
The import of the 2024 Amendment Bill passed into Law by the House is that the Governor will no longer have the power to appoint the Chairman and members of the Rivers State House of Assembly Service Commission and the power of appointment shall be vested in the House of Assembly.
Legal Issues
The first issue to consider is the Constitutional power of the Governor. Section 5(2) of the Constitution of the Federal Republic of Nigeria, 1999 provides that the executive powers of the State shall be vested in the Governor of that State.” Further, Section 176(2) provides that: “The Governor of a State shall be the Chief Executive of that State.”
This follows that the Governor is the Chief Executive Officer of the State Government and by the powers vested on him, is responsible for making appointments into various executive bodies, subject to the provisions of the 1999 Constitution and other statutes. All Commissions and other parastatals are executive bodies under the control of the Governor. The House of Assembly Service Commission is an executive body and as such, the Chairman and members can only be appointed by the Governor. The House of Assembly has no powers to make any appointment into an executive body as no statutory body is under the control of the legislature. The Rivers State House of Assembly should not mistake the presence of the building of the Service Commission in its premises as conferring powers on the House to appoint the Chairman and members of the Commission.
The second issue to consider is the Constitutional alteration of 2023. In that alteration, the Third Schedule was amended to include State Houses of Assembly Service Commissions, which invariably follows that a State House of Assembly Commission is one of State bodies established by section 197 of the 1999 Constitution. Let’s be reminded that Section 198 of the 1999 Constitution gives the Governor the power of appointment into various executive bodies, subject to confirmation by a resolution of the House of Assembly of a State. The job of the Rivers State House of Assembly ends with the confirmation of the appointees.
The alteration to the Third Schedule, paragraph 1A provides that the composition, tenure, structure, finance, functions, powers, and other proceedings of the Commission shall be as prescribed by a law of the House of Assembly of the State. Notice that the appointment of the Chairman and members of the Commission is not listed. Therefore, it can be safely inferred that the power to appoint the Chairman and members of the House of Assembly Service Commission lies with the Governor, as is the case with the other bodies listed under Section 197 of the 1999 Constitution.
There is nothing in the Alteration that, by any stretch of imagination, can be inferred to confer the power of appointing the Chairman and members of the Rivers State House of Assembly Service Commission on the Rivers State House of Assembly, notwithstanding the fact that the law creating the Commission was enacted by the Rivers State House of Assembly.
Thirdly, is the Rivers State House of Assembly Service Commission and its staff under the control of the State Government? To answer this question, we will take our voyage to Section 318 of the 1999 Constitution. That section gives the definition of a Public Service of a State to mean: “the service of the state in any capacity in respect of the government of the state and includes service as: clerk or other staff of the House of Assembly; member of staff of the High Court, the Sharia Court of Appeal, the Customary Court of Appeal or other courts established for a state by the Constitution or by a law of a House of Assembly; member or staff of any Commission or authority established for the state by this Constitution or by a law of a House of Assembly; staff of any Local Government Council; staff of any statutory corporation established by a law of a House of Assembly; staff of any educational institution established or financed principally by a government of a State; and staff of any company or enterprise in which the government of a State or its agency holds controlling shares or interest.
The purport of this section is that the Assembly Service Commission is not an appendage of the legislature but under the control of the State Government. Even at the national level, the members of the National Assembly Service Commission are appointed by the President in collaboration with the National Assembly.
Fourthly, what is the position of the Rivers State House of Assembly Service Commission Law vis-à-vis the National Assembly Service Commission Act? Section 4(5) of the 1999 Constitution provides: “If any Law enacted by the House of Assembly of a State is inconsistent with any law validly made by the National Assembly, the law made by the National Assembly shall prevail, and that other law shall, to the extent of inconsistency, be void.”
Further, in A.G Bendel v AG Federation & 22 Ors (1982) 3 NCLRI, the Supreme Court held per Fatayi Williams CJN (as he then was) “neither a State nor an individual can contract out of the provisions of the Constitution. The reason for this is that a contract to do a thing which cannot be done without a violation of the Law is void.”
The fifth issue is: “can a statute revive a repealed statute?” In the case of Idehen v University of Benin, Suit No FHC/B/CS/120/2001, delivered on 19th December, 2001, the court held that:
“Contrary to the contention of the University, the effect of a repealing statute is to erase the repealed statute from the statute book. When a statute is repealed, it ceases to exist and no longer forms part of the laws of the land. In other words, the effect of the repeal is to render the repealed statute dead and non-existent in law. Like a dead person, it cannot be revived.”
The court also held in Onagoruwa v IGP (1991) 75 N.W.L.R (pt. 193) 593 that in law, a non-existent statute is dead and cannot be saved or salvaged by the court.
In Madumere v Onuoha (1999) 8 NWLR (Pt. 615) Pg 422, the Court of Appeal held that:
“the effect of repealing a statute is to obliterate it completely from the records of the Parliament as if it had never been passed. Such a law is to be regarded legally as a law that never existed…This means in effect that when a statute is repealed, it ceases to be an existing law under the Constitution of the Federal Republic of Nigeria.”
For the purpose of reviving your memory, the provision giving the Governor the power to appoint the Chairman and members of the Rivers State House of Assembly Service Commission under the repealed 2006 Law provides in its opening paragraph:
“3. Section 2(2) of the Principal Law is amended by repealing section 2 and substituting the following section…” (emphasis mine).
Further, Section 6(1)(a) of the Interpretation Act provides:
“(1) The repeal of an enactment shall not revive anything not in force or existing at the time when the repeal takes effect.”
Please note that Section 318(4) of the 1999 Constitution provides that “The Interpretation Act shall apply for the purposes of interpreting the provisions of this Constitution.”
It follows from the above that the House cannot repeal Sections 2 and 3 of the Rivers State House of Assembly Service Commission (Amendment) Law No 3, 2006 to revive the already repealed provisions of the 1999 Law.
Conclusion
In conclusion, the Rivers State House of Assembly lacks the powers, legal or otherwise, to remove the power of appointment of the Chairman and members of the Rivers State House of Assembly Service Commission from the Governor and vest that power on themselves. The provision in the Rivers State House of Assembly Service Commission (Amendment) Law, 2024 seeking to vest that power on the House is in clear contravention of the 1999 Constitution, and therefore, a nullity in the eyes of the Law. See the case of MacFoy v UAC (1961) 3 All ER 1169 where the court held that you cannot put something on nothing and expect it to stand.
In that case, Lord Denning stated: “If an act is void, then it is in law a nullity. It is not only bad, but incurably bad. There is no need for an order of court to set it aside. It is automatically null and void without more ado, though it is sometimes more convenient to have the court declare it to be so. And every proceeding which is founded on it is also bad and incurably bad. You cannot put something on nothing and expect it to stay there. It will collapse.”
Rt Hon Ehie is Chief of Staff, Government House, Port Harcourt.
By: Edison Ehie