Tinubu’s emergency rule in Rivers faces major legislative hurdles

President Bola Tinubu’s move to impose emergency rule in Rivers State has encountered stiff resistance in the National Assembly, as lawmakers remain divided over the legality and necessity of the proclamation.

The president, on Tuesday, declared a state of emergency in Rivers State, citing a deepening political crisis.

Alongside this declaration, he controversially suspended Governor Siminalayi Fubara, Deputy Governor Ngozi Odu, and all members of the state House of Assembly for six months. In their place, Tinubu appointed retired Vice Admiral Ibok-Ete Ibas as the state’s administrator.

However, the emergency rule cannot take effect unless it is approved by a two-thirds majority of both chambers of the National Assembly, as stipulated in Section 305 (6) of the 1999 Constitution.

This requires at least 240 votes in the House of Representatives and 73 votes in the Senate.

Tinubu’s decision has sparked intense debate, particularly on the constitutionality of suspending an elected governor and appointing an administrator.

Critics argue that the 1999 Constitution does not explicitly grant the president such powers, making the move legally questionable.

“There is no provision in the constitution for the removal of an elected governor through emergency rule,” a senior constitutional lawyer, who preferred to remain anonymous, said. “Emergency rule only allows for federal intervention in security and governance matters, not the outright displacement of elected officials.”

READ ALSO: Group support Tinubu’s state of emergency declaration in Rivers

While former President Olusegun Obasanjo controversially set a precedent by appointing administrators in Plateau and Ekiti states under emergency rule, legal experts warn that Tinubu’s action could trigger a constitutional crisis.

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A serving senator, speaking on condition of anonymity, expressed concerns that this move could set a dangerous precedent. “If this goes through, what stops any future president from declaring an emergency and removing governors at will?”

Despite the backing of the ruling All Progressives Congress (APC), Tinubu’s foot soldiers in the National Assembly are reportedly struggling to secure the required two-thirds majority to validate the emergency rule.

With a total of 469 lawmakers—109 senators and 360 members of the House of Representatives—the opposition only needs 36 senators or 121 House members to reject the proposal and overturn the declaration.

Sources in the National Assembly revealed that several lawmakers, including some from the APC, are skeptical about the legality of the move and reluctant to endorse it.

“There is significant resistance, even within the ruling party. Many lawmakers feel blindsided and are wary of rubber-stamping an action that could backfire politically and constitutionally,” a high-ranking House member disclosed.

Another major hurdle for Tinubu’s camp is the difficulty in forming a quorum for voting. A significant number of lawmakers are currently out of the country, with many in Saudi Arabia observing the lesser hajj and Ramadan fasting.

For a valid session, the Senate requires at least 37 members present, while the House of Representatives needs 120 members. Even if a quorum is formed, the constitution requires that all members—109 senators and 360 House members—participate in the vote.

In an attempt to overcome this obstacle, National Assembly leaders reportedly began collecting signatures on Wednesday night to allow absentee lawmakers to vote remotely. However, constitutional experts and some lawmakers have dismissed this as illegal.

“There is no provision for absentee or WhatsApp voting,” a senator said. “Every member must physically stand up and declare their vote.”

Some APC lawmakers believe the presidency failed to properly coordinate with the National Assembly before making the proclamation.

READ ALSO: Hilda Dokubo reacts to  Tinubu’s declaration of State of Emergency in Rivers

A senior APC senator criticized the timing of the emergency declaration, saying, “The president did not do his homework. If he had consulted widely, he would have ensured that the National Assembly was not in session when he made the announcement. That way, he would have had ten days to gather support, instead of the current two-day deadline.”

Under Section 305 (6) of the constitution, if the National Assembly is in session, it must approve the emergency rule within two days. If it is not in session, the president has ten days to secure approval.

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Since the Senate had adjourned until Wednesday before the proclamation, the deadline for approval is now Thursday.

Despite claims by House of Representatives spokesperson Akin Rotimi that Tinubu had consulted lawmakers before declaring the emergency rule, his letter seeking legislative approval was not read on the House floor during Wednesday’s plenary.

Similarly, the Senate postponed debate on the emergency rule, with the motion—originally listed as the first item on the agenda—being stepped down before discussions could commence.

If the National Assembly does not approve the emergency rule by Thursday, Tinubu will be constitutionally obligated to revoke his proclamation. This would mean the immediate reinstatement of Governor Fubara, his deputy, and the state assembly members.

The coming hours will be crucial as the presidency scrambles to secure the necessary support amid mounting political resistance. Whether Tinubu can push through his emergency rule or faces a major legislative defeat remains to be seen.

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