Both the senate and the house of representatives have approved the request of President Bola Tinubu for emergency rule in Rivers state. Senate Presid
Both the senate and the house of representatives have approved the request of President Bola Tinubu for emergency rule in Rivers state.
Senate President Godswill Akpabio read the president’s letter during Thursday’s plenary before lawmakers went into a closed door session. After the session, Akpabio put the matter to a voice vote, with lawmakers overwhelmingly supporting the request.
Announcing the decision, Akpabio said the senate had exercised its powers under section 305(2) of the constitution to approve the president’s proclamation.
“It is our hope that this declaration by the president will bring peace and resolve all the impasse in Rivers State,” Akpabio said.
The senate also called on Tinubu to set up a an ad hoc committee of eminent Nigerians to mediate between the rival factions driving the crisis in Rivers state.
Lawmakers resolved that Tinubu reviews or terminates the state of emergency at any given time not later than the six months. Senate also resolved to be provided authority to set up an ad hoc committee comprising both chambers of the national assembly to oversight Rivers state.
Similarly, the house of representatives approved the request for emergency rule. The seal of approval for the president’s proclamation came via voice vote during plenary in the green chamber on Thursday.
Voice vote was used since the house could not muster the necessary numbers to pass the motion by at least 240 of the 360 members as stipulated by the constitution.
For the emergency rule to take effect, section 305 (2) of the constitution states that the president must transmit the proclamation to the senate president and the speaker of the house of representatives. The proclamation would then be supported by two-thirds majority in both chambers.
Section 305 (6) stipulates that a “proclamation issued by the President under this section shall cease to have effect (b) if it affects the Federation or any part thereof and within two days when the National Assembly is in session, or within ten days when the National Assembly is not in session, after its publication, there is no resolution supported by two-thirds majority of all the members of each House of the National Assembly approving the proclamation”.
With 360 members in the green chamber and 109 in the red chamber, Tinubu needed at least 240 votes in the house of reps and 73 in the senate for his proclamation to stand.
However, with its voice vote method, the two-thirds majority requirement became academic in the house of representatives.
Before the house commenced debate on the president’s request, Obi Aguocha from Abia raised a point of order, saying the constitutional procedures must be followed as stipulated in section 305 and that head counts should be taken. He said sub-section 6(b) of the referenced section mandates that the president’s request must be approved by two-thirds majority of house members.
However, lawmakers interrupted him with shouts of “sit down!”
Tajudeen Abbas, speaker of the house, also asked Aguocha to take his seat, saying there is a register to verify the number of lawmakers present.
At this point, Fred Agbedi from Bayelsa supported Aguocha’s argument, stating that in the interest of transparency, the quorum should be announced to assure Nigerians of their commitment to openness.
“We must comply strictly with the constitution,” he said.
The speaker then said the point of order was noted.
Idris Wase from Plateau argued that they had not yet reached the voting stage, noting that the numbers would only be necessary at that point.
During his submission, Philip Agbese, the deputy spokesperson of the house, said the crisis in Rivers had been globally established.
He recommended that as part of the emergency rule, a national peace and reconciliation committee be constituted with members drawn from the federal executive council, the national assembly and elsewhere to foster sustainable peace and harmony amongst the warring factions.
Etanabene Benedict from Delta also proposed that the administrator should report to the national assembly and not to the federal executive council as announced by the president.
A third recommendation came from Ali Isa, the deputy minority whip, who stated that the president can terminate or review the state of emergency at any time during the initial six months — if the crisis is resolved.
All three recommendations were approved by the house.
The speaker subsequently said the names on the attendance register were 243.
Abbas then put the president’s request to a voice vote, with the majority responding with “aye”. A few “nay” votes hummed in the background.
In parliament, a voice vote cannot be used to determine two-thirds majority — which can only be established through electronic voting or division. A division is used to count votes when the outcome of a voice vote is unclear or when a specific majority, such as two-thirds, is required.
Relying on a register to determine the constitutionally required two-thirds majority is flawed, as some lawmakers could simply sign in and leave without participating in the vote.
Abbas frequently relies on voice votes to determine a two-thirds majority, even on matters that constitutionally require a formal count.
During plenary on November 26, 2024, the house invoked paragraph 17 (3), part 1, fifth schedule of the 1999 constitution as amended, and section 22(3) of the Code of Conduct Bureau and Tribunal Act Cap C15 LFN 2004, to remove Danladi Umar as chairman of the Code of Conduct Tribunal (CCT).
The above section of the constitution stipulates that: “A person holding the office of Chairman or member of the Code of Conduct Tribunal shall not be removed from his office or appointment by the President except upon an address supported by two-thirds majority of each House of the National Assembly praying that he be so removed for inability to discharge the functions of the office in question (whether arising from infirmity of mind or body) or for misconduct or for contravention of this Code”.
However, fewer than 150 lawmakers were in the chamber when the motion for Umar’s removal was moved.
Meanwhile, the south-south governors’ forum had earlier urged President Bola Tinubu to rescind his emergency rule declaration in Rivers state.
In a statement signed by Douye Diri, governor of Bayelsa and forum chairman, the governors said the suspension of elected officials in Rivers was a drastic measure.
They acknowledged the constitutional role of the president in maintaining law and order but implored that the constitutional role of governors to ensure peace and stability in their states be respected.
“The south-south Governors’ Forum expresses concern that the current political situation in Rivers state does not satisfy the criteria for declaring a state of emergency as outlined in Section 305(3) of the Nigerian Constitution (as amended),” the statement reads.
“This section suggests that such a declaration should be considered under specific conditions like war, external aggression, imminent invasion, breakdown of public order, existential threats to Nigeria, natural disasters, or other significant public dangers.”
The forum said the constitution provides clear procedures for the removal of elected officials.
“It is also worth noting that the constitution outlines specific procedures for the removal of a governor and deputy governor, as detailed in Section 188, and similar provisions exist for the removal of members of the house of assembly and the dissolution of parliament. In the current situation, it appears that these guidelines might not have been fully considered,” they added.
“We believe that the political disputes in Rivers State between the governor and the house of assembly should, ideally, be resolved through legal and constitutional means, rather than by executive fiat.”
The governors proposed an immediate end to the emergency rule as a step towards lasting peace and called on all parties to respect the constitution.
BACKGROUND
Rivers state has been at the centre of a deepening political feud between Siminalayi Fubara, governor of the state, and his predecessor, Nyesom Wike, current minister of the federal capital territory (FCT).
Tinubu intervened in December 2023, brokering a peace deal between both sides.
However, tensions persisted, culminating in an attempt by the state assembly to impeach Fubara.
On Tuesday, Tinubu declared a state of emergency in Rivers and appointed Ibok-Ete Ibas, a retired naval chief, as the state’s sole administrator.
The move effectively dissolved the existing government structure, placing the state under federal control.
With emergency rule now in effect, the federal government is expected to oversee key governance and security matters in the state.
