The Martin Amaewhule-led Rivers State House of Assembly and its other 26 members vetoed the State Governor, Sir Siminalayi Fubara, and enacted the Rivers State Local Government (Amendment) Bill into law on Monday.
This latest veto marks the 6th time the House of Assembly has overridden the governor to enact laws since the beginning of the political battle in the state.
Under this new amendment, the House empowers itself to extend the tenures of the elected LGA Chairmen by six months if the Rivers State Independent Electoral Commission is unable to conduct local government elections.
The fate of the local government chairman whose first term of 3 years expires in June is the major bone of contention in the seemingly intractable political crisis between the Nyesom Wike camp and that of the Governor.
On March 13, 2024, the House of Assembly passed the Local Government (Amendment) Bill and forwarded it to Governor Fubara for assent, but he declined it as expected.
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Our Correspondent learned that the assembly convened around 8:30 am, one and a half hours earlier than its official resumption time of 10 am on Monday, with two items on the order paper for the day.
The Speaker, Martin Amaewhule, informed the House that the governor had refused to sign the amendment to the Local Government law, stating, “Members are already aware that we forwarded the amended bill to the governor for his assent on the 14th day of March, and as it stands, the governor has chosen to withhold his assent by not getting back to us. So we are empowered by the constitution to make progress and, where necessary, override the governor’s assent.”
The House deliberated on the development, with the member representing Akuku-Toru II, Loolo Opuende, arguing that if the Governor had refused to assent to the bill, they were constrained to override him.
Another lawmaker, Tekena Wellington, from Asari-Toru Constituency 1, took a legal approach and quoted from the constitution: “Where the governor withholds assent and the bill is again passed by the House of Assembly by a two-thirds majority, the bill shall become law and the assent of the governor shall not be required. Mr. Speaker, the question is do we have a two-thirds majority? The answer is yes.”
The Bill was then voted upon by a show of hands, and 22 members voted for the House to override the governor, with none either against or abstaining.
Confirming the passage, Mr. Amaewhule said, “By this voting, the Rivers State Local Government Amendment law of 2018 is hereby passed for the second time, and the assent of the governor is no longer required in line with section 100 subsection 5 of the 1999 Constitution as altered. The clerk will forward this law to the governor, the attorney general, and the Chief Judge of the state so they can do the needful.”
Section 100(5) of the 1999 Constitution of the Federal Republic of Nigeria (as amended) empowers the House to override the governor when he withholds his assent.
Also, the House screened and confirmed nominees for the positions of Chairman and Members of the Assembly Service Commission.