The move by the Ogun State House of Assembly to amend the Assembly Service Commission Law 2018 is generating ripples across the state.
If amended, the new law will pave the way for the Assembly to install a non-legislative staff member as the clerk of the house.
Consequently, parliamentary staff in the assembly have expressed concerns over the attempt and threatened a showdown with the legislators.
It was gathered that the matter is also tearing the legislators apart, as some believe that the law of the House of Assembly Service Commission should be sustained, while others are of the opinion that civil servants who are outside the Assembly who are qualified by previously serving at the assembly can also become the clerk.
The clandestine move to amend the law followed the retirement of the House Clerk, Adedeji Adeyemo.
Adeyemo was said to have retired from active service in early March and the assembly has refused to name a replacement to occupy the office as provided for in the Assembly Service Commission Law of 2018.
Like many other states in the country, Ogun State during the 8th House of Assembly under the speakership of Suraj Adekunbi from Yewa North Local Government Area, passed a bill that was signed into law by former Governor Ibikunle Amosun, for the establishment of the House of Assembly Service Commission.
By the law, the most senior legislative staff should become the House clerk at every material time.
Section 12(1) of the law states that, “The Commission shall appoint (a) the most senior Deputy Clerk as the substantive Clerk of the House, subject to the confirmation of the House by a Resolution.”
Preliminary findings showed that the provisions of the law has made the Deputy Clerks in Taraba, Zamfara, Delta, Osun, Bayelsa, Kaduna, Ondo, Kano, Cross River, Gombe, Lagos, Oyo and Ekiti States to become substantive clerks superintending over the affairs of the assembly workers upon screening and confirmation by the service commissions.
All efforts by The Point to get the speaker of the Ogun State House of Assembly, Oludaisi Elemide, were unfruitful as he did not answer phone calls or respond to WhatsApp messages on the matter.
However, an aide to Governor Dapo Abiodun, who preferred anonymity, told The Point on Wednesday, that the matter is purely a legislative one.
He argued that it is not possible for the House of Assembly to amend the law without a two third majority and that it cannot be done overnight.
“To amend a law either at the State or National Assembly requires the input of two third majority members of the assembly. If the majority is in support that the law should be amended they can have their way and if the majority is against it then they have it.
“I don’t know much about the issue but I guess maybe they want to amend the law to pave the way for the appointment of someone with cognitive experience to emerge as the Clerk. But it is a long process. It is not something that can be achieved overnight. They have to follow the rules otherwise they will obstruct the legislative process,” the governor’s aide said.
In 2020, Justice O.A Onafowokan of the Ogun State High Court held that the law of the state House of Assembly should be followed as guiding principle in the appointment, promotion, transfer, discipline or exercise of any other form of control on any staff of the assembly.
The judgement, with the suit No: AB/227/2019, instituted by the State House of Assembly Service Commission had the state governor as the 1st defendant, State Attorney General and Commissioner for Justice (2nd), Head of Civil Service (3rd), Civil Service Commission (4th ) and Clerk of the House of Assembly as 6th defendant.
In his judgement, Justice Onafowokan also barred both the Head of Civil Service and the Civil Service Commission in the state from usurping the powers of the Ogun State House of Assembly Service Commission.
The judgement partly reads, “A declaration that by the provision of Sections 4(7) and 93 of, the Constitution of Nigeria 1999, (as amended) the Ogun State House of Assembly Service Commission Law 2018 is valid and subsisting and ought to be obeyed by the 1st- 5th defendants.
“A declaration that by the provision of Section 93 of the 1999 Constitution (as amended) and the Ogun State House of Assembly Service Commission Law 2018, only the claimant is empowered to appoint, promote, transfer, discipline or exercise any form of control over the 5th defendant or any other staff in the Ogun State House of Assembly.
“A declaration that by Section 93 of the Constitution and the Ogun State House of Assembly Service Commission Law 2018, the 3rd and 4 defendants under the authority of the 1st defendant cannot usurp the powers of the claimant to appoint, promote, transfer, discipline or exercise any form of control over the office of the 5th defendant or any other staff in the Ogun State House of Assembly.”
