Rivers Emergency Rule: Senate Lacked Required Two-Thirds Majority For Approval Of Tinubu’s Proclamation –Tambuwal

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.

Former Sokoto State governor, Senator Aminu Waziri Tambuwal, has stated that the Senate failed to meet the constitutional requirement of a two-thirds majority when approving President Bola Ahmed Tinubu’s proclamation of a state of emergency in Rivers State.

Last Thursday, the Senate held a closed-door session to deliberate on the president’s proclamation. Following the session, the proclamation was approved during plenary through a voice vote by members present in the chamber.

Tambuwal, who represents Sokoto South in the 10th Senate and is a former Speaker of the House of Representatives, told SundaySun in Abuja that the approval fell short of the constitutional requirement of 73 senators out of 109, as mandated by Section 305 of the 1999 Constitution (as amended).

“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. 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 March 18, 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.

Tensions escalated when some lawmakers initiated impeachment proceedings against the governor over alleged illegal budget presentations and issues concerning the composition of the legislative chamber.

Concurrently, incidents of pipeline vandalism, including a fire on the Trans Niger Pipeline, raised significant security and economic concerns, prompting the federal government’s intervention. ​

In the aftermath of the emergency declaration, reports emerged alleging that financial inducements were offered to secure legislative approval.

SaharaReporters exclusively reported that cash was distributed at Senate President Godswill Akpabio’s guest house to garner support for the emergency proclamation.

Specifically, some senators reportedly received $10,000 each, while some senators were given $5,000 each, to influence the approval of the emergency rule in Rivers State. These allegations have been met with denials from legislative members.

The House of Representatives, through its deputy spokesman Hon. Philip Agbese, dismissed claims that members were induced with money to ratify the President’s request, labeling such allegations as “false” and “malicious.” ​

The situation has sparked debates about the constitutional processes surrounding the declaration of emergency rule and the integrity of legislative approvals.

Critics argue that suspending elected officials undermines democratic principles.