Amidst the retirement of the former Clerk of the Ogun State House of Assembly, Adedeji Adeyemo, a sense of unease has emerged among the staff and political figures due to the vacancy not being filled.
Speculation suggests that this hiatus may be part of a strategy to install a non-legislative individual in the role.
The most experienced legislative staff member traditionally assumes the Clerk’s duties, akin to the Head of Service, whose appointment is at the governor’s discretion from among the senior civil servants.
The assembly’s employees anticipate ascending to this senior position after years of service, mirroring the practice in other states. Notably, Ogun State legislated the creation of the House of Assembly Service Commission during the 8th Assembly, with the endorsement of then-Governor Ibikunle Amosun.
This law mandates the promotion of the most senior legislative staff to Clerk. Specifically, Section 12(1) stipulates, “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.”
Observations indicate that similar legal provisions have enabled Deputy Clerks in multiple states to ascend to the role of Clerk following due process.
However, there’s a palpable fear among the assembly staff that an external candidate might be imposed as Clerk. Confidential sources reveal that senior assembly employees have expressed their concerns to the Speaker, receiving a disheartening response.
“We went to him to complain about the delay in the appointment of a new clerk but he told us that it is whoever the governor chooses that he will accept and support as a clerk.
“But the question is, does the governor know what is happening in the assembly? Won’t he rely on the advice and recommendation of the Speaker?
“Is the Speaker not aware about why and how staff members frowned at the former speaker? We would be waiting because we have the State House of Assembly Law and a commission. They should please adhere to the law,” a staff member stated under anonymity.
Other legislative employees have collectively urged the authorities to uphold the established law.
The issue has reportedly caused a rift among the legislators, with some advocating for adherence to the House of Assembly Service Commission’s law, while others consider external yet qualified civil servants as potential candidates for the Clerk’s position.
In a landmark ruling in 2020, Justice O.A Onafowokan of the Ogun State High Court affirmed that the state House of Assembly’s law should govern the management of assembly staff, a decision stemming from a lawsuit involving the State House of Assembly Service Commission and various state officials.
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 read partly, “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.”
All efforts to get both the speaker of the House, Oludaisi Elemide, and the Chairman, House Committee on Communication, Olusegun Kaka, were unfruitful.
Both principal officers of the House were called repeatedly for several days but neither answered their calls nor responded to messages of enquiry on the matter.
