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Controversy Erupts Over Emergency Rule in Rivers State
Hey there, let’s talk about what’s been going on in Rivers State. On Thursday, March 20, the National Assembly (both the Senate and the House of Representatives) approved President Bola Ahmed Tinubu’s decision to declare a state of emergency in Rivers State. This decision has sparked a lot of debate, and people are divided on whether it was the right move.
Here's what happened: Through a voice vote, the Senate and the House of Representatives agreed to suspend Governor Siminalayi Fubara, his deputy, and other elected officials for six months. They also gave President Tinubu the authority to appoint a sole administrator for the state. But here’s the kicker—this decision seems to clash with Section 305(4) of the amended 1999 Constitution. That section says a two-thirds majority vote from the National Assembly is needed to back the president’s request.
Now, many political heavyweights, including Peter Obi, the Labour Party’s 2023 presidential candidate, are not happy about this. They argue that a voice vote can’t accurately reflect a two-thirds majority. In response, Senate President Godswill Akpabio insists that the approval was unanimous, with no dissenting votes.
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Senate Mandates Oversight and Reconciliation
Along with approving the emergency rule, the Senate has also directed that all regulations in Rivers State be subject to the oversight and approval of the National Assembly Joint Ad-hoc Committee. That’s a mouthful, but essentially, they want to keep a close eye on what’s happening there.
Additionally, the Senate called on the federal government to establish a reconciliation framework. This would involve creating a peace and reconciliation committee made up of members from the National Assembly, the executive branch, distinguished Nigerians, and other key stakeholders. The goal? To promote lasting peace and stability in Rivers State.
House of Representatives Steps In
Meanwhile, over in the House of Representatives, lawmakers decided to tweak President Tinubu’s proclamation. They proposed that the Rivers State Sole Administrator, Vice Admiral Ibok Ibas, should report to the National Assembly instead of the Federal Executive Council (FEC). This was part of three amendments approved via a voice vote, with 243 members present.
One of these amendments suggested forming a national committee consisting of representatives from the Presidency, the National Assembly, and other respected Nigerians to restore peace in Rivers State. Another amendment gave the President the authority to review and potentially shorten the emergency period to less than six months.
Reps Push for Review of Suspension and State of Emergency
According to Naija News, the House of Representatives recently approved these amendments. Some members were allowed to comment on the President’s request, but others raised concerns about whether this decision aligns with constitutional provisions.
Senate Calls for Reconciliation Among Warring Groups in Rivers
At the Senate, there’s been a push for prominent Nigerians to step in and reconcile the feuding factions in Rivers State during the state of emergency declared by President Tinubu. This came after a closed-door session that lasted about an hour and a half.
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Senate President Akpabio addressed the resolutions made by the senators, emphasizing that they were exercising their authority under Section 305, Subsection 2 of the 1999 Constitution. He confirmed the Senate’s approval of the state of emergency declared by the President in Rivers State.
Additionally, the Senate stated that the President can review and potentially end the state of emergency at any time, as long as it doesn’t exceed six months. They also resolved to set up a joint ad hoc committee of both chambers to oversee the administration of Rivers State going forward.
Akpabio’s Final Remarks
“The Senate further resolved that Section 11, Subsection 4 be invoked, providing the National Assembly the authority to establish a joint ad hoc committee of both chambers to oversee the administration of Rivers State, henceforth,” Akpabio noted.
“The Senate further resolved that a committee of distinguished Nigerians be set up to reconcile the warring groups in the government of Rivers State within the period of the state of emergency,” he added.
“For final ratification, I put it to the Senate that those in favor 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,” the Senate President noted.
An elated Akpabio, who was impressed with the unanimous response from the senators, said, “This approval is done with unanimity, without a single nay.”
“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,” Akpabio added.
Lawmakers Walk Out Amid Controversy
Naija News learned that there was significant division among senators during the private session. A quorum wasn’t established, so the senators present conducted a voice vote instead of a formal ballot.
In response, Senators Seriake Dickson (PDP, Bayelsa West), Enyinnaya Abaribe (APGA, Abia South), Aminu Tambuwal (PDP, Sokoto South), and others stormed out of the chamber in frustration. It was noted that 64 senators recorded their attendance, though presiding officers don’t sign the register as they enter the chamber alongside the principal officers.
Early Discussions
Earlier, Akpabio briefed his colleagues about President Tinubu’s letter concerning the declaration of emergency rule in Rivers State, which was then read during the plenary session. Following the reading, Akpabio stated, “This letter is referred to the committee of the entire Senate for prompt passage.”
Senate Leader Senator Opeyemi Bamidele (APC, Ekiti Central) invoked Order 1(b) of the Senate Standing Orders to suspend all other agenda items in order to focus solely on the Proclamation letter. His motion was supported by Minority Leader Senator Abba Moro (PDP, Benue South), prompting the Senate to enter a closed session immediately.
Akpabio and Dickson Clash Over Procedure
Naija News understands that a brief confrontation occurred between Senate President Akpabio and Senator Seriake Dickson before the private session commenced on Thursday. This incident arose when Dickson raised a point of order following Akpabio’s reading of President Tinubu’s letter.
As Dickson brought up his point of order, Akpabio instructed him to sit down, asserting that he was already aware of Dickson’s stance on the state of emergency, having seen his comments on television the previous Wednesday, where he indicated that his views wouldn’t align with those of the Senate.
The disagreement centered around the procedure for addressing President Tinubu’s declaration of a state of emergency in Rivers State. The conflict began when Senate Leader Opeyemi Bamidele proposed a motion to amend the order of proceedings, suggesting that the Senate prioritize the discussion on the state of emergency before addressing other agenda items.
As Bamidele stood to present the motion, Dickson interjected with a point of order, emphasizing what he considered a procedural necessity for the Senate to first hold a closed-door session before discussing such a sensitive issue. Although Akpabio initially seemed hesitant to recognize Dickson’s point of order, he eventually allowed Dickson to proceed as tensions escalated.
Dickson referenced Order 133 of the Senate Standing Rules, which mandates that discussions regarding a state of emergency be conducted in a closed session. Upon hearing this, Akpabio upheld Dickson’s point of order, which was subsequently supported by the Senate, leading to the adoption of all resolutions concerning the state of emergency.
Peter Obi Slams NASS for Emergency Rule Approval
Peter Obi isn’t holding back his criticism of the National Assembly. He argues that using a voice vote on such significant matters is an insult to Nigerians and a violation of the 1999 constitution. In a series of tweets on his 𝕏 account, Obi, along with several opposition leaders, urged National Assembly members not to support the unlawful removal of Rivers State Governor Siminalayi Fubara and the State Assembly.
Obi 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,” he added.
Legal Experts Weigh In
Reacting to the decision of the NASS, Senior Advocate of Nigeria (SAN) Prof. Sam Erugo argued that a voice vote was not sufficient to pass the resolution approving President Tinubu’s declaration on the crisis in Rivers State.
“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,’” Erugo explained.
Another legal practitioner, Kunle Edun, SAN, emphasized, “The Rules of the House will guide the legislators on 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.”
Uzodinma Backs Tinubu’s Decision
Governor of Imo State and Chairman of the Progressive Governors’ Forum, Hope Uzodimma, has expressed his support for President Bola Tinubu’s decision to impose a state of emergency in Rivers State. He described this action as necessary and proactive to prevent a potential crisis that could threaten both the stability of the state and the broader Nigerian economy.
“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.
The Imo State Governor also praised the National Assembly for supporting President Tinubu’s decision, calling it 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.
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