•House of Representatives and Tinubu
In a swift one-hour session, the House of Representatives today approved President Bola Tinubu’s declaration of a state of emergency in Rivers State.
This, however, came with some critical amendments to the president’s proclamation, reports The Guardian.
With what transpired on the floor of the House, it became evident that lawmakers across party lines were on the same page regarding the need for intervention in Rivers State.
Even those who initially raised constitutional concerns eventually aligned with the decision to approve the emergency rule.
Recall that Tinubu, in a nationwide broadcast on Tuesday, suspended Governor Siminalayi Fubara, his deputy, Prof. Ngozi Nma Odu, and members of the Rivers State House of Assembly for six months, appointing Vice Admiral Ibok-Ete Ibas (rtd) as administrator.
However, there has been stiff opposition to the president’s proclamation from many quarters. However, the lawmakers were not deterred from proceeding with the approval despite the opposition.
During today’s plenary session, which barely lasted one hour, the House endorsed the president’s proclamation through a voice vote.
Before the debate, the House had gone into an executive session that lasted 10 minutes.
Once the plenary resumed, Speaker Abbas Tajudeen read Tinubu’s letter declaring the state of emergency and immediately moved to consider the motion.
The Speaker, who presided over the plenary, then asked members to make their contributions during the consideration of the general principles of the president’s declaration.
Prior to the deliberation on the president’s request, the lawmaker representing Ikwuano/Umuahia North/Umuahia South Federal Constituency of Abia State, Obi Agwuncha, suggested a headcount of members present, but his point of order was ignored.
During deliberations, Deputy House Spokesman Philip Agbese recommended that a National Peace Committee be set up to mediate between the warring parties.
“A National Peace Committee should be in place to ensure that the problems are resolved within six months,” Agbese suggested. The House agreed to the amendment.
Labour Party lawmaker Etanabene Benedict, representing Okpe/Sapele/Uvwie Federal Constituency, Delta State, pointed out that Section 305 of the Constitution, which provides for a state of emergency, must not be applied in isolation.
He argued that Section 11(4) of the Constitution should be considered, as it mandates the National Assembly to make laws for a state when its legislature is suspended, not the Federal Executive Council (FEC) as Tinubu had proposed.
“However, Mr. Speaker, I have a few amendments. Section 305 can’t be read in isolation without Section 11, which states that the National Assembly shall make laws on behalf of the states in case of a state of emergency where the State House of Assembly is also suspended.
“I listened to Mr. President, where the President said rules and regulations made by the sole administrator will have to be approved by the Federal Executive Council and all that. But I pray Section 11 should be included in the amendment. Section 11, subsection four, should be taken into effect,” Benedict said.
Section 11(4) of the 1999 Constitution states: “At any time when any House of Assembly of a State is unable to perform its functions by reason of the situation prevailing in that State, the National Assembly may make such laws for the peace, order, and good government of that State with respect to matters on which a House of Assembly may make laws as may appear to the National Assembly to be necessary or expedient until such time as the House of Assembly is able to resume its functions; and any such laws enacted by the National Assembly pursuant to this section shall have effect as if they were laws enacted by the House of Assembly of the State: Provided that nothing in this section shall be construed as conferring on the National Assembly power to remove the Governor or the Deputy Governor of the State from office.”
Following his argument, the House amended the motion to ensure that the National Assembly, not FEC, would assume legislative powers during the emergency.
Also, while the president proposed a six-month emergency rule, Minority Whip Ali Isah suggested that the emergency should be reviewed continuously rather than being set for six months.
“I believe the matter can be resolved in the shortest period of time. Maybe next week. The president has shown commitment, so the president should be given the opportunity to retain the position of declaration for emergency with review at any given time. They should allow the president to terminate or review the state of emergency. The president doesn’t need to wait until six months,” he said.
His argument was also adopted, which will now allow for a periodic review of the emergency rule instead of a fixed six-month duration.
The motion was then put to a voice vote, and the chamber resounded with voices of ‘Aye.’
Following the approval, the Speaker announced that 243 members were present in the chamber to assent to the president’s request.
