The senator representing Sokoto South Aminu Tambuwal, has raised concerns that the National Assembly did not meet the required two-thirds majority
On Tuesday, President Bola Tinubu declared a state of emergency in Rivers State, citing the prolonged political crisis and vandalisation of oil installations in the region. As part of the proclamation, the president suspended Governor Siminalayi Fubara, his deputy, Ngozi Odu, and all members of the state House of Assembly for six months. Tinubu also appointed retired Vice-Admiral Ibok-Ete Ibas as the sole administrator of the state.
Despite widespread condemnation, including from the South-South Governors’ Forum, the Senate and the House of Representatives approved the emergency rule on Thursday, albeit controversially.
Constitutional Requirements
Under Section 305 (6) of the Nigerian Constitution, a proclamation issued by the president ceases to have effect if it does not receive a resolution supported by a two-thirds majority of the National Assembly members within a certain time frame. Specifically:
- If the National Assembly is in session, the resolution must pass within two days of the proclamation.
- If not in session, the resolution must pass within ten days.
For the proclamation to be valid, President Tinubu needed 240 votes from the 360 members of the House of Representatives and 73 votes from the 109 members of the Senate.
However, the approval was made via a voice vote — a method that does not record the number of members in support of or against the motion, raising questions about whether the necessary majority was actually met.
Tambuwal’s Constitutional Concerns
Speaking to journalists on Sunday, Tambuwal, who is a former Speaker of the House of Representatives, argued that the National Assembly had erred in its approval of the emergency rule.
“I will speak as a lawyer, a member of the body of benchers, and a former presiding officer,” Tambuwal said. “Section 305 of the constitution is very clear and unambiguous on how the president can declare a state of emergency and what is required from the legislature before passing such a resolution.”
Tambuwal stressed that, in accordance with the constitution, two-thirds of the members in both chambers the Senate and the House of Representatives must support the resolution for it to pass.
“In the case of the Senate, I don’t know if the press had the privilege of checking the Senate register to confirm whether there were up to 73 senators present on the floor,” Tambuwal noted. “From what I saw, that number was not reached, and that falls short of the constitutional requirement.”
The senator emphasized that the National Assembly ignored constitutional precedents in ratifying the emergency rule. He referenced previous instances, such as when states of emergency were declared during the administrations of Presidents Olusegun Obasanjo and Goodluck Jonathan, where two-thirds support was required from both chambers of the National Assembly.
Precedents and Concerns
Tambuwal further pointed out that the approval process for emergency rule in past administrations was rigorously conducted. For example, in 2013, when states of emergency were declared in Borno, Yobe, and Adamawa States, the two-thirds majority was met in both the Senate and the House of Representatives.
Senator Seriake Dickson, representing Bayelsa West, also commented on the matter, stating on March 21 that Tambuwal was among the lawmakers who voiced opposition to the emergency rule decision during a closed session.
