Senator Aminu Waziri Tambuwal has questioned the legality of the Senate’s approval of President Bola Tinubu’s state of emergency declaration in Rivers State, arguing that it failed to meet the constitutional requirement of a two-thirds majority.
Tinubu declared the emergency last Tuesday night, citing a prolonged political crisis in the state. He also suspended Governor Siminalayi Fubara and House of Assembly members for six months, appointing former Chief of Naval Staff Ibok Ibas as sole administrator.
Last Thursday, the Senate deliberated on the proclamation in a closed session before approving it via voice vote during plenary.
However, Tambuwal, who represents Sokoto South, said the approval violated Section 305 of the 1999 Constitution, which requires 73 out of 109 senators to support such a measure.
“Section 305 of the Constitution is very clear and unambiguous on how a state of emergency should be declared and the legislative process required,” he told Sunday Sun.
“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.
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He emphasised that the Constitution explicitly requires two-thirds of all members—not just those present—to approve such a resolution.
“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,” he said.
Tambuwal also pointed out that the National Assembly ignored its own precedents in approving the proclamation.
“Parliament is supposed to be guided by the Constitution, its rules, and its precedents.
“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.”