The two chambers of the National Assembly, yesterday, approved President Bola Tinubu’s declaration of a state of emergency in Rivers State which resulted in the suspension of Governor Siminalayi Fubara, his deputy and other elected officials for six months, and the appointment of a sole administrator by a voice vote.
This is contrary to Section 305(4) of the 1999 Constitution, as amended, which requires a resolution of the National Assembly supported by a two-thirds majority of members to back the president’s request.
As the 2023 presidential candidate of the Labour Party, LP, Mr. Peter Obi, slammed the National Assembly for the approval, arguing that a two-thirds majority could not be determined through a voice vote, Senate President, Godswill Akpabio, said the legislators’ approval was done with unanimity without a single nay.
While approving the emergency rule, the Senate said all regulations in Rivers State must be subjected to the approval and oversight of the National Assembly Joint Ad-hoc Committee.
It also urged the federal government to institute a reconciliation mechanism, including setting up a peace and reconciliation committee, composed of the National Assembly, the executive, eminent Nigerians and other relevant stakeholders, to ensure lasting peace and stability in Rivers.
In the House of Representatives, the legislators amended the proclamation of President Tinubu, insisting that Rivers State Sole Administrator, Vice Admiral Ibok Ibas, report back to the National Assembly and not the Federal Executive Council (FEC).
The House made three amendments which were passed through a voice vote, with 243 members in attendance.
Another amendment was that a national committee, composed of members from the Presidency, National Assembly and other eminent Nigerians be set up to mitigate and restore peace to Rivers State.
The third amendment was that the President can review the period of emergency to a shorter period than six months.
Though few members were allowed to make comments on the president’s request, others expressed concerns over constitutional provisions.
The Senate approved the state of emergency in Rivers State after about one and a half hours closed door session.
Speaking after the closed-door meeting on the resolutions reached by senators, Senate President Akpabio said: “The Senate invokes the powers conveyed on it by Section 305 of Section 2 of the 1999 Constitution of the Federal Republic of Nigeria (as amended ), approves the proclamation of state of emergency declared by Mr. President in Rivers State of Nigeria.
“The Senate further directs that the declaration of the state of emergency stated in the proclamation documents demands that the President can review and even terminate the state of emergency at any given time, but not later than six months.
“The Senate further resolved that Section 11, Subsection 4 be invoked, providing the National Assembly the authority to set up a joint ad hoc committee of both chambers to oversee the administration of Rivers State, henceforth.
“The Senate further resolved that a committee of eminent Nigerians be set up to reconcile the warring groups in the government of River State within the period of the state of emergency.
“For final ratification, I put it to the Senate that those in favour of the proclamation of the state of emergency 2025 in Rivers State, should say aye “, which was affirmatively responded to by all the senators in the chamber.”
An elated Akpabio, who was impressed with the affirmative response to the question by senators, said “This approval is done with unanimity, without a single nay.”
The Senate President continued: “Therefore, pursuant to Section 60 of the constitution, Section 305 (2) and pursuant to our rules, Rule 1 (b) of the standing orders of the Senate and also pursuant to Rules 133, 134, 135 and 136 of the Senate of the Federal Republic of Nigeria, the state of emergency proclamation in Rivers State was approved and other vital resolutions taken.”
To give the entire process the required legislative backing, the Senate, thereafter, adjourned for one hour and reconvened later to pass the votes and proceedings of the entire session and finally adjourned to Tuesday, March 25, 2025.
It was gathered that during the closed door session, senators were sharply divided over the issue.
According to sources, quorum was not formed, hence senators present resorted to voice vote, against actual voting.
Senators Seriake Dickson, PDP, Bayelsa West; Enyinnaya Abaribe, APGA, Abia South; Aminu Tambuwal, PDP, Sokoto South; and others stormed out of the chamber in anger as a result.
It was gathered that 64 senators signed the attendance register, though the presiding officers do not sign the register as they normally walk into the hallowed chamber with the principal officers.
Earlier, Akpabio had informed his colleagues of President Tinubu’s letter on the proclamation of emergency rule in Rivers State and the letter was read at plenary.
Akpabio, after reading the letter, said: This letter is committed to the committee of the entire Senate for immediate passage.’’
The Senate Leader, Senator Opeyemi Bamidele, APC, Ekiti Central, then raised Order 1(b) of the Senate Standing Orders to suspend all other items in the Order Paper to discuss only the Proclamation letter, he was seconded by the Minority Leader, Senator Abba Moro, PDP, Benue South, and the Senate immediately went into a closed door session.
Prior to the closed-door session, there was a mild altercation between Senate President, Akpabio, and Senator Seriake Dickson when Dickson raised a point of Order after Akpabio read Tinubu’s letter.
As Senator Dickson raised the point of Order, Akpabio told him to sit down and that he already knew where he stood on the state of emergency, having watched him on television on Wednesday, where he said his views would not align with that of the Senate.
Akpabio and Dickson disagreed sharply over the procedure for handling President Tinubu’s proclamation of a state of emergency in Rivers State.
The problem started when the Leader of the Senate, Opeyemi Bamidele, moved a motion to amend the order of proceedings, allowing the Senate to prioritize debate on the state of emergency before attending to other items on the order paper.
As Bamidele rose to present the motion, Dickson raised a point of order, seeking to draw attention to what he described as a procedural requirement that the Senate should first convene a closed-door session before debating such a sensitive matter.
Akpabio appeared reluctant to acknowledge Dickson’s point of order but as tension rose, he allowed Dickson to raise the point of order.
The Bayelsa lawmaker drew the attention of the Senate to Order 133 of the Senate Standing Rules, which required matters of state of emergency to be deliberated upon in a closed door session.
Akpabio upon hearing that, upheld his point of order, which was later held by the Senate where all its resolutions were taken on the state of emergency.
The motion for the adoption of votes and proceedings of Wednesday was adopted by Senator Barinada Mpigi, PDP, Rivers South-East and seconded by Senator Idiat Adebule, APC, Lagos West.
