Former Sokoto State Governor and Senator Aminu Waziri Tambuwal has challenged the Senate’s approval of President Bola Ahmed Tinubu’s state of emergency declaration in Rivers State, stating that it failed to meet the constitutional requirement of a two-thirds majority.
Tambuwal, a former Speaker of the House of Representatives, emphasized that Section 305 of the 1999 Constitution (as amended) clearly outlines the process for declaring a state of emergency and the National Assembly’s role in approving such a proclamation.
Senate’s Approval Fell Short of Constitutional Mandate
The Senate convened a closed-door session last Thursday to deliberate on President Tinubu’s proclamation. Following the session, the emergency rule was approved via a voice vote rather than a numerical count of senators present.
Tambuwal, representing Sokoto South in the 10th Senate, argued that the decision was unconstitutional as it did not secure the required 73 votes out of 109 senators.
“The Constitution requires that two-thirds of all members of either chamber must support the resolution, not just those present and voting,” Tambuwal stated.
He added that previous emergency declarations, including those under Presidents Olusegun Obasanjo and Goodluck Jonathan, adhered to this constitutional requirement.
Background of the Rivers State Crisis
On March 18, 2025, President Tinubu declared a state of emergency in Rivers State, citing political instability and pipeline vandalism that threatened national security and oil production.
As part of the emergency measures:
- Governor Siminalayi Fubara, his deputy Ngozi Odu, and the entire state legislature were suspended for six months.
- Retired Vice Admiral Ibok-Ete Ekwe Ibas was appointed as the state’s administrator.
The political crisis stemmed from a rift between Governor Fubara and state lawmakers aligned with his predecessor, Nyesom Wike, now the Minister of the Federal Capital Territory. The situation worsened when impeachment proceedings were initiated against Fubara over alleged budget irregularities and disputes regarding the legislative assembly’s composition.
Allegations of Bribery in Senate Approval
Reports surfaced that lawmakers were financially induced to approve the emergency rule. According to SaharaReporters, some senators allegedly received $10,000 each, while others got $5,000, during a meeting at Senate President Godswill Akpabio’s guest house.
These claims were denied by legislative leaders, with the House of Representatives’ Deputy Spokesman Philip Agbese dismissing them as “false and malicious.”
Concerns Over Constitutional Violations
Tambuwal and other critics argue that:
- The Senate’s approval process violated the Constitution by lacking the mandatory two-thirds majority.
- The suspension of elected officials undermines democracy and could set a dangerous precedent.
- There is a need for transparency in legislative decision-making, especially on national security matters.
The controversy has reignited debates on executive overreach, constitutional adherence, and the integrity of Nigeria’s democratic institutions.
