THE senator representing Sokoto South in the National Assembly, Aminu Tambuwal, says the approval of the declaration of a State of emergency in Rivers State by the lawmakers fell short of the constitutional requirement of 73 senators out of 109, as mandated by Section 305 of the 1999 Constitution (as amended).
Senator Tambuwal, a former governor of Sokoto State as well as former Speaker of the House of Representatives, said the Senate didn’t even have the requisite number of senators present on the floor of the Senate to proceed with deliberation of the issue.
“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,” Tambuwal said.
“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.”
Tambuwal stressed that Section 305 of the Constitution is clear and unambiguous about the process for declaring a state of emergency and the role of the National Assembly in approving such a proclamation.
The former Speaker of the House of Representatives said the Constitution spells out how the President can declare a state of emergency and what is required from both chambers of the National Assembly before such a resolution can be passed.
He said, “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, 73 senators on the floor. From what I saw, there was no such number on the floor 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 pointed out that the National Assembly should have been guided by the Constitution but failed to adhere to it when approving the Rivers State proclamation.
“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 states. We had to garner two-thirds.
“So, what stops the current National Assembly from making reference to its own precedents that are domiciled within its own library, within its own records? I can’t understand that. So, it’s part of the problem,” he said.
President Bola Tinubu declared a state of emergency in Rivers State on 18!March 2025, citing escalating political instability and recent incidents of pipeline vandalism that threatened Nigeria’s oil production.
This proclamation led to the six-month suspension of 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.
The political crisis in Rivers State had been intensifying due to a rift between Governor Fubara and state lawmakers, many of whom were aligned with his predecessor, Nyesom Wike, now the Minister of the Federal Capital Territory.
Eighteen-Eleven Media