Former Sokoto State governor, Senator Aminu Waziri Tambuwal, has asserted that the Senate did not fulfil the constitutional requirement for a two-thirds majority when approving President Bola Ahmed Tinubu’s proclamation of a state of emergency in Rivers State.
Last Thursday, the Senate convened in a closed-door session to discuss the president’s announcement. Subsequently, the proclamation was passed during a plenary session via a voice vote by the members present.
Tambuwal, who represents Sokoto South in the 10th Senate and is a former Speaker of the House of Representatives, informed SundaySun in Abuja that the Senate’s approval did not meet the constitutional threshold of 73 senators out of 109, as stipulated by Section 305 of the 1999 Constitution (as amended).
“I will speak to you as a lawyer, a member of the Body of Benchers, and a life Bencher, rather than solely as a lawmaker in the 10th Senate,” Tambuwal stated.
“Moreover, my experience as a former presiding officer, including my tenure as Speaker of the House of Representatives during a similar situation in 2013, provides further context to my perspective.”
Tambuwal emphasised that Section 305 of the Constitution is clear and unequivocal regarding the process for declaring a state of emergency and the role of the National Assembly in endorsing such a proclamation.
The former Speaker pointed out that the Constitution specifies how the president may declare a state of emergency and what is expected from both chambers of the National Assembly before such a resolution is approved.
He explained, “The Constitution mandates that two-thirds of all members in either chamber must support the resolution.
“In the case of the Senate, I am not sure if your press team had the opportunity to verify the Senate register to confirm whether there were 72 or 73 senators present on the floor that day. From my observation, that number was not present.
“Therefore, when you compare this to the constitutional requirement, which states that two-thirds of the Senate must support such a resolution—not just be present and voting—it is evident that the approval did not align with the Constitution’s provisions.”
Tambuwal noted that the National Assembly should have adhered to the constitutional guidelines but failed to do so while approving the proclamation for Rivers State.
“During President Olusegun Obasanjo’s administration, when a state of emergency was declared, two-thirds were required in both the Senate and the House of Representatives.
“When President Goodluck Ebele Jonathan declared a state of emergency in 2013 in Borno State, as well as Adamawa and Yobe, we also secured two-thirds.
“So, why can’t the current National Assembly refer to its own precedents housed in its libraries and records? It boggles the mind. This is part of the underlying problem,” he remarked.
President Bola Tinubu declared a state of emergency in Rivers State on March 18, 2025, citing escalating political instability and recent pipeline vandalism incidents threatening Nigeria’s oil production.
This declaration resulted in 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 interim period.
The political crisis in Rivers State had been worsening 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 began impeachment proceedings against the governor over alleged illegal budget presentations and issues relating to the legislative chamber’s composition.
At the same time, incidents of pipeline vandalism, including a fire on the Trans Niger Pipeline, raised significant security and economic concerns, prompting federal government intervention.
Following the emergency declaration, reports surfaced alleging that financial inducements were offered to secure legislative approval.
