Several Nigerian senators, including Senator Aminu Waziri Tambuwal, Senator Seriake Dickson, Senator Enyinnaya Abaribe, and Senator Ireti Kingibe, have raised concerns over the legality of the Senate’s approval of a state of emergency in Rivers State. They argue that the decision did not meet the constitutional requirement of a two-thirds majority vote.
The Senate, in a closed-door session last Thursday, deliberated on President Bola Ahmed Tinubu’s proclamation of a state of emergency in Rivers State and later approved it through a voice vote during plenary. However, Senator Tambuwal, a former governor of Sokoto State and representative of Sokoto South in the 10th Senate, insists that the approval process violated Section 305 of the 1999 Constitution, which mandates a two-thirds majority vote for such a resolution.
Tambuwal stated, “Section 305 of the Constitution is very clear and unambiguous on how a state of emergency should be declared and the legislative process required. I observed that there were not enough senators present to meet the constitutional requirement. From what I saw, there was no such number on the floor on that day.”
According to the 1999 Constitution (as amended), a state of emergency requires the approval of at least two-thirds of the 109-member Senate, which amounts to 73 senators. Tambuwal and other lawmakers argue that the required number was not present during the vote, raising concerns about the legitimacy of the approval.
The controversy surrounding the approval escalated when Senators Seriake Dickson and Enyinnaya Abaribe staged a walkout during the plenary session, protesting what they described as a violation of due process. Their departure from the chamber signaled strong opposition to the manner in which the emergency rule was approved.
Observers noted that their walkout further underscored concerns that the Senate leadership did not ensure proper adherence to constitutional guidelines before granting approval.
Tambuwal also criticized the National Assembly for failing to follow precedents set during previous emergency declarations under Presidents Olusegun Obasanjo and Goodluck Jonathan, where constitutional procedures were strictly followed.
“What stops the current National Assembly from making reference to its own precedents that are in its records? I can’t understand that,” he remarked. His concerns echo a broader debate on legislative integrity and adherence to due process in critical national decisions.
Some critics have suggested that the Senate’s approval process appeared rushed, with concerns raised over whether external influences played a role in the decision. Observers who watched the plenary session argue that the manner in which the approval was conducted raises questions about transparency and due process.
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While no concrete evidence has been presented to support allegations of misconduct, the controversy surrounding the vote has intensified public discourse on legislative accountability.
The debate over the approval of the Rivers State emergency rule underscores the need for strict adherence to constitutional provisions in legislative decision-making. As concerns over due process persist, stakeholders are calling for greater transparency in parliamentary proceedings to uphold democratic principles.
