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Wednesday, March 26, 2025

Tambuwal: Senate Lacked Constitutional Two-Thirds Majority for Approval of Tinubu’s Rivers State Emergency Proclamation

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By: Daure David

Senator Aminu Waziri Tambuwal, a former governor of Sokoto State and current representative of Sokoto South in the 10th Senate, has raised significant concerns about the approval of President Bola Tinubu’s proclamation of a state of emergency in Rivers State. Tambuwal, a former Speaker of the House of Representatives, argued that the Senate failed to meet the constitutional requirement of a two-thirds majority when endorsing the emergency declaration, which was made on March 18, 2025.

Speaking to Press in Abuja, Tambuwal, drawing from his extensive legal background as a member of the Body of Benchers and a former presiding officer in the National Assembly, expressed doubts about the legality of the Senate’s approval process. He pointed out that according to Section 305 of Nigeria’s 1999 Constitution, a two-thirds majority of all members of both the Senate and House of Representatives is required to approve a state of emergency proclamation. With 109 senators in total, this would mean at least 73 senators must support such a declaration.

Tambuwal questioned whether the Senate met this threshold during the closed-door deliberations that took place last Thursday. He pointed to the fact that, based on his observations, the Senate did not appear to have enough members present on the floor to meet the two-thirds requirement. “From what I saw, there was no such number on the floor that day,” Tambuwal said. “The Senate must have two-thirds of its members in support of the resolution, not just present and voting, but supporting it.”

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The former Speaker noted that similar constitutional processes were followed during past declarations of states of emergency under former Presidents Olusegun Obasanjo and Goodluck Jonathan, when two-thirds of the National Assembly had to approve emergency measures in states such as Borno, Adamawa, and Yobe in 2013. He questioned why the current National Assembly did not adhere to these precedents, which are well-documented in its own records.

Tambuwal’s comments come after the Senate approved President Tinubu’s proclamation, which led to the six-month suspension of Rivers State’s elected officials, including Governor Siminalayi Fubara, his deputy, Mrs. Ngozi Odu, and all members of the state House of Assembly. Retired Vice Admiral Ibok-Ete Ekwe Ibas was appointed as the state’s administrator during this period.

Tinubu declared the state of emergency citing escalating political instability and security concerns, including a rise in pipeline vandalism that threatened the country’s oil production. The political unrest in Rivers State had been growing due to a rift between Governor Fubara and state lawmakers, many of whom were loyal to the governor’s predecessor, Nyesom Wike, now the Minister of the Federal Capital Territory. The crisis reached a boiling point when lawmakers initiated impeachment proceedings against the governor over alleged illegal budget presentations and the composition of the legislative chamber.

In addition to the constitutional concerns, allegations of financial inducements surfaced in the aftermath of the Senate’s approval of the emergency rule. Reports claimed that several senators received cash payments to influence their support for the proclamation. According to these reports, some senators were given $10,000 each, while others received $5,000 to back the emergency measure. The allegations have been vehemently denied by some members of the Senate, with Deputy Spokesman of the House of Representatives, Hon. Philip Agbese, calling the claims “false” and “malicious.”

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The accusations of financial inducement have sparked widespread public debate, with critics arguing that such actions not only undermine the integrity of the legislative process but also set a dangerous precedent for future emergency declarations. Some observers have raised concerns that the suspension of elected officials in Rivers State undermines democratic principles and sets a troubling example for the nation’s political stability.

Meanwhile, the political turmoil in Rivers State continues to fuel tensions, with many questioning whether the emergency rule will effectively address the underlying issues or exacerbate the situation. The controversy surrounding the Senate’s approval of the proclamation, combined with the allegations of bribery, has raised serious questions about the integrity of the democratic process and the future of governance in Nigeria.

As the situation unfolds, the National Assembly and the executive branch may face increasing pressure to clarify the constitutional process followed in approving the state of emergency and to address the growing concerns surrounding the legitimacy of the actions taken in Rivers State.

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