Rivers Emergency Rule Fails Two-Thirds Vote – Tambuwal

Rivers Emergency Rule Fails Two-Thirds Vote – Tambuwal

Tambuwal: National Assembly Lacked Two-Thirds Majority for Rivers Emergency Rule

Senator Aminu Tambuwal (Sokoto South) has stated that the National Assembly failed to meet the constitutional requirement of a two-thirds majority before ratifying the emergency rule in Rivers State.

President Bola Tinubu declared a state of emergency in Rivers on March 19, citing ongoing political instability and attacks on oil facilities. The declaration led to the suspension of Governor Siminalayi Fubara, Deputy Governor Ngozi Odu, and all state lawmakers for six months. In their place, Tinubu appointed retired Vice-Admiral Ibok-Ete Ibas as the sole administrator.

Despite controversy, both the Senate and House of Representatives approved the emergency rule on March 20 through a voice vote. However, Section 305 (6) of the Nigerian Constitution mandates a two-thirds majority of all National Assembly members for such a proclamation to stand. With 360 House members and 109 senators, at least 240 votes in the House and 73 in the Senate were required. The voice vote process, however, did not confirm whether these numbers were met.

In an interview with The Sun, Tambuwal, a former Speaker of the House of Representatives, argued that the approval process violated constitutional provisions.

“Section 305 of the constitution is very clear and unambiguous on how a state of emergency should be declared and the legislative requirements for its approval,” he said.

“In the Senate, where I belong, I doubt if there were even 73 senators present that day. The constitution does not require just a simple majority of those present but a two-thirds majority of all members. The approval fell short of this requirement.”

Tambuwal also criticized the National Assembly for ignoring past precedents, citing the emergency declarations under Presidents Olusegun Obasanjo and Goodluck Jonathan, where two-thirds approval was explicitly sought and obtained.

His stance was echoed by Senator Seriake Dickson (Bayelsa West), who confirmed that Tambuwal had opposed the decision during a closed session of the Senate.

Rivers Emergency Rule Fails Two-Thirds Vote – Tambuwal