The Nigerian Senate and House of Representatives have approved President Bola Tinubu’s declaration of a state of emergency in Rivers State through a controversial voice vote, sidestepping the constitutional requirement for a two-thirds majority.
Section 305(6)(b) of the Nigerian Constitution mandates that such a proclamation must receive explicit approval from at least two-thirds of each legislative chamber. However, both houses—dominated by members of the ruling All Progressives Congress (APC)—proceeded with the approval without conducting a recorded vote, despite public demands for transparency.
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Legal experts and citizens voiced concerns over the decision. Atedo Peterside, a respected banker, argued on social media that the method used failed to meet the constitutional standard. “A two-thirds majority cannot be achieved via a voice vote. Each lawmaker must be accounted for,” he wrote. Similar sentiments were echoed by public affairs analyst Dele Farotimi, who insisted that the votes should have been individually counted.
Despite the criticism, the Senate and House of Representatives pressed forward with their decision, holding an 80-minute closed-door session before announcing the approval publicly. Senate President Godswill Akpabio, who presided over the session, stated that the resolution adhered to constitutional provisions, invoking Section 11(4) to grant the National Assembly oversight authority over Rivers State.
President Tinubu’s emergency rule in Rivers State follows an escalating political standoff between Governor Siminalayi Fubara and his predecessor, Nyesom Wike. The crisis, according to the Presidency, had begun to disrupt governance, necessitating federal intervention. As part of the emergency measures, the President suspended Governor Fubara, his deputy, and the state legislature for six months.
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The Senate emphasized that the emergency rule should not exceed six months and resolved to establish a committee of eminent Nigerians to mediate the conflict between the warring political factions in Rivers State.
Akpabio defended the legislature’s decision, stating:
“It is our hope that this declaration will bring peace and a speedy resolution to the crisis. All parties must use this window to restore stability and governance in Rivers State.”
The controversial approval process raises concerns about constitutional adherence and legislative transparency, with analysts warning that it sets a concerning precedent for future emergency declarations.
