Former Sokoto State Governor and current Senator, Aminu Waziri Tambuwal, has raised concerns over the approval process of President Bola Ahmed Tinubu’s declaration of a state of emergency in Rivers State. He stated that the Senate did not meet the constitutional requirement of a two-thirds majority before giving its approval.
The emergency rule was declared by President Tinubu last week due to escalating political tensions in Rivers State. As part of the declaration, Governor Siminalayi Fubara, Deputy Governor Ngozi Odu, and the State Assembly were all suspended for six months. In their place, retired Naval Chief Ibok-Ete Ibas was appointed as the state’s sole administrator.
For such a declaration to be valid, the Nigerian Constitution requires that both chambers of the National Assembly approve it with a two-thirds majority. Despite this requirement, the approval was granted on Thursday through a voice vote, a method that some lawmakers and opposition figures have criticized.
Tambuwal, who previously served as Speaker of the House of Representatives, noted that the Senate did not have the required 73 senators present to meet the constitutional threshold. He pointed to Section 305 of the 1999 Constitution (as amended), which clearly states that a state of emergency must be approved by two-thirds of all members, not just those present during the vote.
“My experience as a former presiding officer, specifically as Speaker of the House of Representatives during a similar situation in 2013, also informs my perspective,” he said.
Tambuwal further noted that previous declarations of emergency rule followed due process. He referenced similar situations during the administrations of former Presidents Olusegun Obasanjo and Goodluck Jonathan, where the National Assembly ensured the two-thirds majority requirement was met before approving such measures.
“State of emergency was declared under President (Olusegun) Obasanjo… two-thirds had to be garnered, in the Senate and the House of Representatives,” he said.
He questioned why the current National Assembly did not follow its own historical precedents.
“So, what stops the current National Assembly from making reference to its own precedents that are domiciled within its own library, within its own records? I can’t understand that. So, it’s part of the problem,” he added.
