Tambuwal: N’assembly didn’t get two-thirds to ratify Rivers emergency rule

Aminu Tambuwal, senator representing Sokoto south, says the national assembly did not garner the required two-thirds before ratifying the emergency rule in Rivers state.

BACKGROUND

Last Tuesday, President Bola Tinubu proclaimed a state of emergency in the south-south state, citing the prolonged political crisis and vandalisation of oil installations.

The president suspended Siminalayi Fubara, governor of the state; Ngozi Odu, his deputy; and all house of assembly members; for six months.

Tinubu also appointed Ibok-Ete Ibas, a retired vice-admiral, as the sole administrator for Rivers state.

On Thursday, the senate and the house of representatives controversially approved Tinubu’s request for the emergency rule.

Several stakeholders, including the south-south Governors’ Forum, have condemned the emergency rule in Rivers.

Section 305 (6) stipulates that a “proclamation issued by the President under this section shall cease to have effect (b) if it affects the Federation or any part thereof and within two days when the National Assembly is in session, or within ten days when the National Assembly is not in session, after its publication, there is no resolution supported by two-thirds majority of all the members of each House of the National Assembly approving the proclamation”.

With 360 members in the green chamber and 109 in the red chamber, Tinubu needed at least 240 votes in the house of representatives and 73 in the senate for his proclamation to stand.

However, the senate and house of representatives approved the emergency rule with a voice vote — a method that does not determine the number of lawmakers in support of or against a motion.

‘UNCONSTITUTIONAL’

Speaking with The Sun on Sunday, Tambuwal said the national assembly erred on the emergency rule endorsement.

“I will be speaking to you from the point of view of being a lawyer, a member of the body of benchers and a life bencher for that matter and not necessarily as a lawmaker who is a member of the 10th senate, and, in addition to that, possibly my experience as a former presiding officer, former speaker of the house of representatives who presided over a matter such as this in 2013,” he said.

“Section 305 of the constitution is very clear. It is unambiguous, the language is very plain, of the constitution as to first, how the president can declare a state of emergency and what is required of the legislature, the two chambers — both the senate and the house of representatives before passing such a resolution.

“What is required is that you must obtain and have two-thirds of all the members of either of the two chambers, in support of the resolution.

“In the case of what happened in the senate, where I belong, I don’t know whether members of your team who are members of the press corps had the privilege of checking the (senate) register to see whether there were up to 72 or 73 senators on the floor. From what I saw, there was no such number on the floor on that day.

“So, if you juxtapose that to the requirement of the constitution which says that the senate must have two-thirds of its members, all of its members to pass that resolution in support of it, not just present and voting. No. Supporting it. It means that what was done fell short of the provision of the constitution.”

The legislator said the national assembly ignored precedents in ratifying the emergency rule.

“Parliament is supposed to be guided by the constitution, its rules and its precedents,” he added.

“State of emergency was declared under President Olusegun Obasanjo. Two-thirds had to be garnered in the senate and the house of representatives.

“State of emergency was declared during the administration of President Goodluck Ebele Jonathan in 2013 in Borno state. Also, in Adamawa and Yobe. We had to garner two-thirds.”

On March 21, Seriake Dickson, senator representing Bayelsa west, said Tambuwal was one of the lawmakers who kicked against the decision during the closed session.