Tambuwal alleges N’assembly didn’t get two-thirds to ratify Rivers emergency rule

Senator Aminu Tambuwal, representing Sokoto South, has questioned the legality of the National Assembly’s approval of the emergency rule imposed in Rivers State, arguing that the required two-thirds majority was not met.

On Tuesday, President Bola Tinubu declared a state of emergency in Rivers State, citing prolonged political turmoil and the vandalization of oil installations. The proclamation led to the suspension of Governor Siminalayi Fubara, his deputy Ngozi Odu, and all members of the House of Assembly for six months. Tinubu appointed retired Vice Admiral Ibok-Ete Ibas as the sole administrator of the state.

The emergency rule, swiftly endorsed by both chambers of the National Assembly on Thursday, has sparked nationwide controversy. Many stakeholders, including the South-South Governors’ Forum, have criticized the move, calling it unconstitutional.

According to Section 305 (6) of the Nigerian Constitution, a presidential proclamation of emergency rule must receive approval from two-thirds of all members of each legislative chamber within a stipulated time frame. With 360 members in the House of Representatives and 109 in the Senate, at least 240 votes in the House and 73 in the Senate were required to validate Tinubu’s decision.

However, rather than conducting a roll-call vote to confirm the numbers, lawmakers approved the motion through a voice vote—a method that does not quantify the actual level of support. This procedural shortcut has raised constitutional concerns.

In an interview with The Sun on Sunday, Tambuwal, a seasoned lawyer and former Speaker of the House of Representatives, criticized the National Assembly’s handling of the emergency rule.

“Section 305 of the constitution is very clear. It is unambiguous. The language is very plain as to how the president can declare a state of emergency and what is required of the legislature,” Tambuwal asserted.

He emphasized that the approval process required a two-thirds majority of all members, not just those present and voting.

“In the case of what happened in the Senate, where I belong, there was no such number on the floor that day,” he stated. “So, if you juxtapose that with the constitutional requirement, it means that what was done fell short of the constitution’s provision.”

Tambuwal also pointed out that previous declarations of emergency rule adhered strictly to constitutional requirements. He cited examples from the administrations of Presidents Olusegun Obasanjo and Goodluck Jonathan, where the National Assembly ensured two-thirds approval before ratifying emergency declarations in various states.

“Parliament is supposed to be guided by the constitution, its rules, and its precedents,” he noted. “When a state of emergency was declared under Obasanjo, two-thirds had to be garnered. The same happened in 2013 under Jonathan for Borno, Adamawa, and Yobe states.”

Senator Seriake Dickson of Bayelsa West echoed his concerns, revealing that Tambuwal was among the lawmakers who strongly opposed the decision in a closed session on March 21.

With questions surrounding the legitimacy of the National Assembly’s approval, legal and political analysts predict that the emergency rule in Rivers State could face serious legal challenges. If found unconstitutional, it could force the federal government to reverse the decision or seek a fresh vote that meets constitutional standards.