The National Assembly has approved President Bola Tinubu’s declaration of a state of emergency in Rivers State through a voice vote, sparking widespread criticism. The resolution, which led to the suspension of Governor Siminalayi Fubara, his deputy, and other elected officials for six months, also facilitated the appointment of a sole administrator.
Violation of Constitutional Provisions?
This decision appears to conflict with Section 305(4) of the 1999 Constitution (as amended), which mandates a two-thirds majority vote in both legislative chambers before such a proclamation can be upheld. Critics argue that a voice vote lacks transparency and fails to meet the constitutional threshold.
Labour Party’s 2023 presidential candidate, Peter Obi, condemned the approval, asserting that a two-thirds majority cannot be established through a voice vote. However, Senate President Godswill Akpabio countered this claim, stating that the decision was made unanimously without opposition.
Senate’s Directives and Oversight Role
As part of the emergency rule implementation, the National Assembly Joint Ad-hoc Committee will oversee all regulations in Rivers State. The Senate further called for the federal government to establish a reconciliation mechanism, including a Peace and Reconciliation Committee with key stakeholders, to restore stability in the state.
Meanwhile, the House of Representatives modified Tinubu’s proclamation, mandating that the Rivers State Sole Administrator, Vice Admiral Ibok Ibas, report directly to the National Assembly rather than the Federal Executive Council (FEC).
Key Amendments by the House of Representatives:
- A national reconciliation committee will be formed, consisting of representatives from the Presidency, National Assembly, and other prominent figures.
- The emergency rule may be shortened from the initial six-month period, subject to presidential review.
- The Sole Administrator must report back to the National Assembly instead of the FEC.
Divisions Among Senators During Closed-Door Session
Despite the Senate’s approval, reports indicate internal disagreements. According to Vanguard, only 64 senators were recorded as present, sparking concerns that a proper quorum was not met. Some senators, including Seriake Dickson (PDP, Bayelsa West), Enyinnaya Abaribe (APGA, Abia South), and Aminu Tambuwal (PDP, Sokoto South), walked out in protest.
During deliberations, Senator Seriake Dickson raised a procedural concern, urging the Senate to adhere to Order 133 of its Standing Rules, which requires state-of-emergency discussions to be conducted in a closed-door session. Although initially resistant, Akpabio later acknowledged this requirement, leading to a closed-door meeting before the final decision was reached.
Legal Experts and Opposition Leaders Challenge NASS Approval
Legal experts have criticized the method used to approve the state of emergency. Senior Advocate of Nigeria (SAN), Prof. Sam Erugo, noted that Section 305(6) of the Constitution explicitly requires a two-thirds vote for such a decision, stating that a voice vote is legally insufficient.
Peter Obi also denounced the process, arguing that using a voice vote for a decision of this magnitude undermines constitutional principles and democratic accountability. According to him, such decisions should be subjected to a recorded vote to ensure legitimacy.
Implications for Rivers State and National Politics
The emergency rule in Rivers State has significant political and governance implications. The involvement of the National Assembly in state governance raises concerns about federal overreach, while the removal of elected officials has sparked debates on democratic integrity.
Observers are closely monitoring the situation as it unfolds, with expectations that legal and political challenges may arise in the coming weeks.
For further insights on constitutional provisions and emergency rule governance, refer to this analysis by The Guardian.
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