Former Sokoto State Governor and Senator Aminu Waziri Tambuwal has raised concerns regarding President Bola Ahmed Tinubu’s declaration of a state of emergency in Rivers State. The declaration, which included the suspension of Governor Siminalayi Fubara, his Deputy Ngozi Odu, and the Rivers Assembly for six months, also appointed retired Naval chief Ibok-Ete Ibas as the state’s sole administrator.
In an interview with Sunday Sun in Abuja, Tambuwal, who previously served as Speaker of the House of Representatives, argued that the declaration did not meet constitutional requirements. He stated that the Senate failed to achieve the necessary two-thirds majority needed to approve such a measure.
“As a lawyer and a member of the Body of Benchers, I speak from a legal perspective,” Tambuwal said. “Section 305 of the Constitution clearly outlines how the president can declare a state of emergency and the legislative requirements for such a resolution. It mandates that two-thirds of all members from both chambers—Senate and House of Representatives—must support the resolution.”
He pointed out that during the Senate’s proceedings, there was a lack of sufficient members present to meet this requirement. “I encourage the press to verify the Senate register from that day; there were not enough senators present to reach the 72 or 73 needed for a two-thirds majority,” he noted.
Tambuwal emphasized that the actions taken fell short of constitutional provisions, stating, “The Senate must have two-thirds of its members in support of the resolution, not just present and voting. This means the process was not in line with the Constitution.”
He also highlighted historical precedents, recalling how the National Assembly had previously ensured a quorum before declaring states of emergency in Plateau, Borno, Adamawa, and Yobe under Presidents Olusegun Obasanjo and Goodluck Jonathan. “During those declarations, we had to secure two-thirds support in both the Senate and the House of Representatives. I fail to understand why the current National Assembly did not reference its own established precedents,” he added, expressing concerns over the adherence to constitutional protocols.
Tambuwal’s remarks reflect a growing debate among Nigerians, including politicians and civil society organizations, regarding the legality of the emergency declaration and its implications for governance in Rivers State.
