How Senate Approved Rivers Emergency Rule Without Getting Required Two-thirds Majority – Tambuwal Exposes

Former Governor of Sokoto State, Senator Aminu Waziri Tambuwal, has argued that the Senate did not meet the constitutional two-thirds majority required to approve President Bola Ahmed Tinubu’s proclamation of a State of Emergency in Rivers State.

Naija News reports that the Senate, last Thursday, held a closed session to deliberate on the president’s proclamation and later approved it during plenary through a voice vote.

However, Tambuwal, who represents Sokoto South in the 10th Senate, disclosed to Sunday Sun that the necessary two-thirds majority—73 out of 109 senators—was not reached, thus violating Section 305 of the 1999 Constitution, as amended.

Tambuwal, who was present during the closed session deliberation, emphasized the constitutional requirements for declaring a state of emergency.

He stated, “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.”

He further explained, “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.”

Regarding the Senate’s approval, Tambuwal noted that he observed there were not enough senators present to meet the constitutional requirement.

“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, 73 senators on the floor. From what I saw, there was no such number on the floor on that day,” he said.

He added, “So, if you juxtapose that to the requirement of the Constitution which says that the Senate must have two-thirds of its members… to pass that resolution, it means that what was done fell short of the provision of the Constitution.”

Tambuwal also pointed out that the National Assembly ignored its own precedents in approving the proclamation.

He highlighted previous instances of state-of-emergency declarations, such as during President Olusegun Obasanjo’s administration and under President Goodluck Jonathan in 2013, when the required two-thirds majority was strictly adhered to.

“What stops the current National Assembly from making reference to its own precedents that are domiciled within its own library, within its own records? I can’t understand that. So, it’s part of the problem,” he added.