The two chambers of the National Assembly, on Thursday, 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.

Reps amendments

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.

Senate’s approval

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.

“The Senate further resolved that a committee of eminent Nigerians to reconcile the warring factions in Rivers State be set up to carry out their action during the period of 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.

Disquiet at closed-door session

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.

Vanguard reports 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.

Akpabio, Dickson clash over Point of Order

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.

Obi slams NASS for approving emergency rule

Faulting the National Assembly, Obi said the use of voice vote on such crucial issues was an insult to Nigerians and a breach of the 1999 constitution.

Obi, who had along with several other opposition leaders made a passionate appeal to members of the National Assembly to reject the illegal removal of Rivers State governor, Similaya Fubara, and the State Assembly, in a series of tweets on his X handle, yesterday, wrote: “While still agonizing over the ongoing deterioration of democracy in our nation, especially with the situation in Rivers State, and trying to reach out to our National Assembly members not to support and sustain the unconstitutionality and arbitrariness, I just heard that they have added salt to injury by using a voice vote.

“The constitution is clear that this cannot be done through a voice vote but by calling individuals to answer ‘yes’ or ‘no.’ You cannot determine a two-thirds majority by a voice vote.

“While a two-thirds majority is crucial, it does not justify bypassing proper procedures and undermining the principles of transparency and accountability. The use of a voice vote in such a significant decision not only disregards constitutional requirements but also erodes public trust in the democratic process.

“Decisions of such magnitude must be made with integrity, following the letter and spirit of the law. It’s disheartening that a decision as crucial as approving an emergency proclamation — one that could alter the course of the nation — was handled with such casual disregard for constitutional standards.

“The 1999 Constitution of Nigeria (as amended) clearly requires that such a proclamation must be approved by at least two-thirds of all members of each arm of the legislature — the Senate and the House of Representatives.

‘’A simple call of “Aye” or “Nay” cannot accurately measure this crucial threshold. When a supermajority is required, it demands a recorded vote — whether by division, roll call, or electronic means.

‘’This isn’t just a technicality; it’s a matter of law and legitimacy. The Senate Standing Orders and House Rules were established to ensure that decisions of this magnitude are made transparently, with accountability. Ignoring these procedures is not just an oversight; it is a betrayal of the democratic process.”

Some lawyers also faulted the process of approving the state of emergency proclamation through voice vote, arguing that the process was not sufficient and could not guarantee fairness and transparency.

A voice vote was insufficient to pass the resolution -Prof. Erugo, SAN

Prof. Sam Erugo, SAN, said: “It is apparent that the Senate and House of Representatives did not appreciate the gravity of the President ‘s proclamation, which was referred to them for approval.

‘’By Section 305(2) of the Constitution, they were required to ‘consider the situation and decide whether or not to pass a resolution approving the Proclamation.’

“Going by subsection (6), if there was no resolution supported by two-thirds of all the members of each House of the National Assembly approving the Proclamation, it would have lapsed after two days.
“This provision shows the seriousness of the matter the National Assembly treated just like any other business.

“That is the reason the two-thirds majority of each House is required. A voice vote is insufficient to pass the resolution approving the President’s proclamation, which, as it were, required a special resolution and, obviously, the voice vote is unconstitutional.

“There is no way to determine that two-thirds majority ‘of all the members’ voted in favour of the proclamation, as required by the Constitution.

“One wonders why the hurry. In other jurisdictions, we should have seen robust debates in both Houses, considering the situation in Rivers State, to determine whether it required the extreme measure of declaration of state of emergency, and to the extent of removing an elected governor.

“It is unfortunate that Nigerians were deprived the opportunity to have vital information beyond the President’s partisan remarks that would appear to have decided against the governor.”

Voice voting does not guarantee fairness, transparency -Edun, SAN

In his reaction, Kunle Edun, SAN, said: “The Rules of the House will guide the legislators how the voting would be done. However, members can insist on a transparent process and considering the national importance of this issue, they should request for physical or electronic voting and counting of the votes.

“Voice voting does not guarantee fairness and transparency as shown in previous sessions presided over by the Senate President particularly.

“To show to the whole world the fairness of the entire process, voting must be done either electronically or physically and how each senator voted must be published for Nigerians to see.”

Uzodimma backs Tinubu, says it’s a proactive step

The Chairman of the Progressive Governors’ Forum and Governor of Imo State, Hope Uzodimma, has thrown his weight behind President Bola Tinubu’s decision to declare a state of emergency in Rivers State. He described the move as a proactive step necessary to prevent a looming crisis that could destabilize both the state and Nigeria’s economy.

Addressing journalists in Owerri, Governor Uzodimma emphasized the significance of Rivers State to the nation’s economic survival, particularly in crude oil production. He noted that the ongoing political tensions and refusal of key players to heed advisory interventions had escalated into a national security concern. The governor referenced recent reports of pipeline bombings and explosions in the state, stressing that at a time when Nigeria is striving to boost crude oil production to strengthen its currency and economy, such unrest cannot be tolerated.

“The President was very proactive, and his actions are highly commendable. Prevention, they say, is better than cure. Imagine what would have happened if the impeachment went ahead—it would have triggered actions and reactions, leading to violence and widespread unrest,” Uzodimma stated.

He also commended the National Assembly for supporting President Tinubu’s decision, describing it as a step taken in the national interest. He expressed confidence in the Federal Executive Council’s ability to oversee the situation effectively and ensure that law and order prevail. While acknowledging that the Progressive Governors’ Forum had not yet convened since the declaration, Uzodimma assured that, as chairman, he could confidently affirm that the forum stands firmly behind the President.

“To the best of my knowledge, none of our members will go against the actions of the President. We support any decision that protects the security and stability of the country,” he concluded.

Vanguard