An unexpected legislative impasse has slowed President Bola Tinubu’s emergency declaration in Rivers State, as lawmakers failed to assemble for a crucial plenary session on Wednesday.
The Nigerian Constitution, under Section 305, requires a state of emergency to be ratified by a two-thirds majority in both the House of Representatives and the Senate within 48 hours. However, the process was derailed as the House convened with fewer than 80 members—far below the 120 needed to meet the minimum quorum in the 360-member chamber.
Despite the matter being listed on the legislative agenda under presidential messages, the lack of attendance prevented any legally binding decisions from being made. According to parliamentary rules, without a quorum, lawmakers can only debate motions, hear petitions, and pass resolutions that lack enforcement power.
Concerns over legality emerged among legislators, with some warning that proceeding without the required quorum could expose the emergency declaration to legal challenges.
“The debate isn’t just about the president’s authority to declare an emergency but also about the legitimacy of any decision taken without a proper quorum,” one lawmaker stated. “Attempting to validate such an action under these circumstances could further complicate its legal standing.”
According to Eyewitness many lawmakers intentionally stayed away to avoid being seen as endorsing an action that has been widely criticized by constitutional experts.
A contentious issue at the heart of the debate is the removal of Rivers State Governor Simi Fubara, who was replaced by retired military chief Ibok-Ete Ekwe Ibas. While the Nigerian Constitution empowers the president to declare an emergency, it does not explicitly grant authority for the removal of a state governor, adding to the legal uncertainty surrounding the move.
A historical precedent often cited in comparison is former President Goodluck Jonathan’s 2013 emergency declaration in insurgency-hit Borno and Yobe states. While Jonathan took control of security operations, he allowed elected governors and democratic structures to remain intact. At the time, Tinubu, then a leading opposition figure, strongly opposed the move. However, he now defends his broader interpretation of the constitutional provision.
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The unfolding events in Rivers State highlight an intensifying debate on executive authority, constitutional limits, and legislative integrity. With significant political and legal ramifications at stake, the next steps taken by lawmakers and the judiciary could set a defining precedent for Nigeria’s governance framework.
