Aminu Tambuwal, senator representing Sokoto South, has stated that the National Assembly did not garner the required two-thirds majority before ratifying the emergency rule in Rivers State.
Last Tuesday, President Bola Tinubu declared a state of emergency in Rivers, citing the prolonged political crisis and 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. In their place, Tinubu appointed Ibok-Ete Ibas, a retired vice-admiral, as the sole administrator of the state.
On Thursday, March 20, the Senate and the House of Representatives controversially approved Tinubu’s request for the emergency rule. Several stakeholders, including the South-South Governors’ Forum, have condemned the decision.
Section 305 (6) of the Nigerian Constitution stipulates that a proclamation of emergency must be supported by a two-thirds majority of all members in both chambers of the National Assembly. With 360 members in the House of Representatives and 109 in the Senate, Tinubu needed at least 240 votes in the lower chamber and 73 in the Senate for the approval to stand. However, both chambers ratified the decision through a voice vote, a method that does not determine the exact number of lawmakers in support or opposition.
Speaking tp The Sun, Tambuwal argued that the National Assembly erred in approving the emergency rule.
“I will be speaking to you from the point of view of being a lawyer, a member of the body of benchers and a life bencher for that matter and not necessarily as a lawmaker who is a member of the 10th Senate, and, in addition to that, possibly my experience as a former presiding officer, former Speaker of the House of Representatives who presided over a matter such as this in 2013,” he said.
“Section 305 of the constitution is very clear. It is unambiguous, the language is very plain, of the constitution as to first, how the president can declare a state of emergency and what is required of the legislature, the two chambers — both the Senate and the House of Representatives before passing such a resolution.
“What is required is that you must obtain and have two-thirds of all the members of either of the two chambers in support of the resolution.
“In the case of what happened in the Senate, where I belong, I don’t know whether members of your team who are members of the press corps had the privilege of checking the (Senate) register to see whether there were up to 72 or 73 senators on the floor. From what I saw, there was no such number on the floor on that day.
“So, if you juxtapose that to the requirement of the constitution which says that the Senate must have two-thirds of its members, all of its members to pass that resolution in support of it, not just present and voting. No. Supporting it. It means that what was done fell short of the provision of the constitution.”
Tambuwal further argued that the National Assembly ignored precedents in handling the emergency rule declaration.
“Parliament is supposed to be guided by the constitution, its rules and its precedents,” he said.
“State of emergency was declared under President Olusegun Obasanjo. Two-thirds had to be garnered in the Senate and the House of Representatives.
“State of emergency was declared during the administration of President Goodluck Ebele Jonathan in 2013 in Borno State. Also, in Adamawa and Yobe. We had to garner two-thirds.”
On March 21, Seriake Dickson, senator representing Bayelsa West, said Tambuwal was among the lawmakers who opposed the decision during the closed session.
