Tinubu Faces Tough Battle In National Assembly Over Move To Keep Fubara, Others Suspended

President Bola Tinubu is encountering significant challenges in securing the necessary two-thirds majority in the National Assembly to approve his declaration of emergency rule in Rivers State.

On Tuesday, Tinubu declared a state of emergency in the South-South state, citing a protracted political crisis.

In a controversial move, the president suspended Governor Siminalayi Fubara, his deputy, Ngozi Odu, and all members of the state House of Assembly for six months.

Naija News recalls that the Tinubu also nominated Ibok-Ete Ibas, a retired Vice Admiral and former Chief of Naval Staff, as the administrator to oversee the state’s affairs during the period of emergency.

For the emergency rule to take effect, Section 305(2) of the Nigerian Constitution requires the president to transmit the proclamation to both the Senate President and the Speaker of the House of Representatives.

However, a contentious debate has emerged over the constitutional validity of the president’s actions, particularly the suspension of an elected governor, which is not explicitly provided for in the 1999 Constitution.

There is also no clear provision for the appointment of an administrator, although President Olusegun Obasanjo set a disputed precedent for such action.

Section 305(6) of the Constitution stipulates that the proclamation will cease to have effect unless it is approved by a resolution supported by a two-thirds majority of all members of each house of the National Assembly within a specified timeframe.

This means Tinubu requires at least 240 votes in the House of Representatives and 73 votes in the Senate for the proclamation to stand.

In contrast, just 36 senators can defeat the proclamation, and in the House of Representatives, only 121 members need to vote against it to block the emergency rule.

Sources within the National Assembly told TheCable that the president’s representatives are struggling to secure the required numbers. As a result, the Senate deferred the motion on the emergency rule to Thursday, citing insufficient support.

Many lawmakers remain unconvinced about the necessity and legality of the president’s action, with concerns that such a move could set a dangerous precedent.

According to TheCable, the National Assembly appears divided, with opposition members and even some members of Tinubu’s own All Progressives Congress (APC) wary of endorsing the emergency rule.

The outcome of Thursday’s vote will be critical for the future of Tinubu’s emergency rule. If the president fails to secure the required two-thirds majority in both chambers, he will be forced to revoke his proclamation, thereby restoring Fubara and his administration to power in Rivers State.