•House of Representatives and Tinubu
Despite opposition, the National Assembly yesterday approved President Bola Tinubu’s proclamation of a state of emergency in Rivers State through voice vote, as lawyers queried the determination of the constitutional provision that mandates two-thirds votes by each chamber for such approval.
President Bola Tinubu had on Tuesday declared a state of emergency in Rivers, citing deepening political turmoil and worsening security situation in the oil-rich South-South state, reports Daily Independent.
Section 305 (6b) of the Nigerian constitution mandates that a state of emergency in any part of Nigeria proclaimed by the president must be supported by “two-thirds majority of all the members of each House of the National Assembly.”
Lawyers were worried yesterday that the Senate and the House of Representatives did not adopt proper voting procedures to know the actual number of lawmakers that supported the president’s declaration.
Mr. Gbenga Ojo, a lawyer, in his contribution, noted that the current National Assembly is a rubber stamp, adding that they are merely an extension of the executive arm of government.
He said, “If you expect checks and balances on the excesses of the executive, it is a waste of time.”
He further remarked, “The judiciary is not any better. What they have done is an aberration and a violent breach of the provisions of the constitution.
“Voice voting was meant to reveal the faces of those who would oppose the executives. It’s truly unfortunate.
“Nigeria is unconsciously sliding into a one-party state, where there will be no opposition, which could lead to autocracy. The National Assembly is not independent at all,” he said.
In his reaction, Inibehe Effiong, a human rights lawyer, noted that the 2/3 majority required from the members of the Senate and House of Representatives cannot be determined through a voice vote.
According to him, each lawmaker should have cast their vote personally, and the vote should be counted.
“Any attempt to rig the vote will expose the fact that criminals are in charge of Nigeria. The House of Representatives has just approved the unconstitutional state of emergency. It is vicious and dangerous. They don’t care about the constitution of Nigeria, which they swore to uphold.”
At the Senate, the upper chamber resolved that the state of emergency declared in the proclamation may be reviewed or terminated by the president at any time, but it must not exceed a period of six months.
The Senate invoked its constitutional powers under Section 305(2) of the 1999 constitution (as amended) to ratify the emergency rule during yesterday’s plenary.
These resolutions followed a letter sent to the chamber by President Tinubu requesting the consideration of the state of emergency in Rivers State.
Shortly after reading the letter from the president, a motion for a closed session to deliberate on the issue was moved by the Leader of the Senate, Sen. Opeyemi Bamidele (APC: Ekiti Central), who expressed grave concern over the prolonged instability gripping Rivers State. The closed session lasted for over an hour.
According to the day’s order paper, Bamidele noted that Rivers State had been reduced to a battleground of political interests, with the deepening rift between Governor Siminalayi Fubara and his estranged political mentor, Minister of the Federal Capital Territory (FCT), Nyesom Wike, throwing the state into unprecedented chaos.
He said the power tussle has paralysed governance and denied citizens access to the dividends of democracy.
He said, “The magnitude of the crisis has overwhelmed the state government as parties involved has not allowed good sense to prevail and bring about peace in the state, hence the federal government’s attempt to restore peace, security and good governance.”
The Senate Leader further raised the alarm over escalating threats from militant groups who, according to intelligence reports, have vowed to unleash violence.
“There is a clear and present danger of the crisis as some militants had threatened fire and brimstone with security report of disturbing incidents of vandalisation of oil pipelines,” he warned.
Bamidele confirmed that President Tinubu had complied with constitutional provisions by publishing the proclamation and officially transmitting the gazette to the Senate President for legislative approval.
He described the situation as “a matter of serious national concern” warranting urgent intervention to protect lives, restore order, and safeguard Nigeria’s strategic economic assets concentrated in the region.
“This matter is of serious concern to the Senate and the generality of Nigerians,” he lamented.
Reps Give Nod To Emergency Rule In Rivers
Similarly, the Nigeria’s House of Representatives yesterday officially ratified the state of emergency imposed by President Bola Tinubu on Rivers State.
The decision was made during a plenary session, where 243 members of the House who attended the proceedings voted in favour of the rule. The approval was also carried out via a voice vote.
Following the opening formalities, the Speaker, Mr. Tajudeen Abbas, who presided over the day’s proceedings, called for an executive session.
Upon the House’s return from the session, the speaker announced that he had received a communication from President Tinubu and proceeded to read it aloud to the members.
The president, in his letter, informed the House that he has declared an emergency rule in Rivers State, suspended the governor, the deputy governor and members of the state House of Assembly.
The House in the Committee of the Whole made three recommendations:
The House recommended that a National Committee on Reconciliation be set up to mitigate and restore peace back to Rivers State.
The House also passed a resolution granting the National Assembly the authority to assume control of the activities of the state Assembly during the specified period.
Additionally, the lawmakers recommended that the president retain the power to review and, if deemed necessary, terminate the state of emergency at any point during the period.
The Speaker then opened the floor for members to debate the contents of the letter.
The House Leader, Rep. Julius Ihonvbere, moved for the suspension of relevant rules to allow the House to consider the president’s request for the imposition of emergency rule in Rivers State.
Leading the debate, Ihonvbere criticised the failure of leaders in the South-South region to address the crisis at its onset.
He argued that the escalation of the situation could have been avoided if regional leaders had acted swiftly.
“It is our primary responsibility to calm the people,” Ihonvbere said, emphasising that the failure of Niger Delta leaders to intervene early contributed to the crisis spiraling out of control.”
He stated that the president’s decision was to establish a platform that would propel Rivers State toward progress.
“However, in this matter, we must all take bold steps and assist in enhancing the state’s population. We need to begin from the grassroots, building the necessary processes, conversations, and negotiations to ensure the creation of sustainable, credible, and lasting peace in the state,” said Prof. Ihonvbere.
Meanwhile, Mr. Fredrick Agbedi, the representative for Sagbama/Ekeremor Federal Constituency in Bayelsa State, called on the speaker to announce the attendance and confirm that a quorum had been formed.
He emphasised the importance of conducting proceedings with integrity, in accordance with the constitution of the Federal Republic of Nigeria, as amended.
“Our constitution clearly outlines the procedures we must follow. Mr. Speaker, for the integrity and proper functioning of this House, I urge you to announce the current quorum, as we are presently in session. This will ensure that Nigerians are aware that we are adhering to the constitutional requirements and not bypassing them.
“Mr. Speaker, honourable colleagues, this is not about supporting or opposing the president’s position. Rather, it is about the exemplary leadership you have demonstrated in this House, leadership that Nigerians have come to trust and believe in. In light of this, I strongly encourage you to ensure full compliance with the constitution by transparently declaring the quorum at this moment, before we proceed with the debate.”
Former Deputy Speaker, Mr. Idris Wase, urged members to support the request, emphasising the importance of moving Nigeria forward.
He stated, “If I am to speak my mind, I cannot oppose this decisive decision. I firmly believe that Nigeria must progress. We are not yet at the stage of voting, but as we approach it, the issue at hand will be addressed accordingly.”
On his part, the Deputy Spokesman of the House, Mr. Philip Agbese, suggested the establishment of a national reconciliation committee to help restore peace and resolve the ongoing tensions in Rivers State.
“One of the key accomplishments in this House has always been our commitment to providing solutions to the challenges facing our continent. We are all well aware of the pressing issues we face today, particularly the state of our democracy. As representatives of the Nigerian people, our role is to address these challenges, offer solutions, and ensure that our democracy continues to function effectively.
“My recommendation is rooted in historical context. We’ve seen, in times of national crisis, when the country faced uncertainty, that national committees were formed to guide us through such moments. Even in the absence of specific constitutional provisions, the doctrine of necessity was invoked to restore stability and give life back to the nation.
“The state of emergency has been declared in the region, not because the president harbours any animosity toward the groups involved, but because the president is committed to securing a better future for our country. Therefore, Mr. Speaker, I propose the formation of a national committee, which should include representatives from the executive, members of parliament, and distinguished leaders, as we have done in similar situations in the past.
“This committee will work together during the emergency period to ensure that all stakeholders, including the Rivers State government, parliament, the executive, and other respected figures, collaborate effectively. Our goal is to address the issues that led to the emergency in Rivers State and ensure that they do not resurface once the emergency period ends,” Mr. Agbese stated.
The member representing Umuahia/Ikwuano Federal Constituency in Abia State, Obi Aguocha, raised a constitutional point of order.
A member of the Labour Party (LP), Aguocha invoked Section 305 of the 1999 constitution (as amended), calling for a headcount to confirm that the House met the necessary quorum for proceeding with the day’s business.
Section 305(6)(b) stipulates that a declaration of a state of emergency must be supported by a two-thirds majority of all members in each chamber of the National Assembly for it to be valid.
After deliberations, the Speaker put the question to the House, but no clear voice was heard in response.
