The National Assembly, comprising both the Senate and the House of Representatives, approved President Bola Tinubu’s declaration of a state of emergency in Rivers State. This approval led to the suspension of Governor Siminalayi Fubara, his deputy, and other elected officials for a six-month period. In their place, a sole administrator was appointed to oversee the state’s affairs. The approval was given through a voice vote, a move that has sparked controversy because it seemingly contradicts Section 305(4) of the 1999 Constitution (as amended), which requires a two-thirds majority vote to validate such a presidential request.

Peter Obi, the Labour Party’s 2023 presidential candidate, strongly criticized the National Assembly’s decision, stating that a two-thirds majority cannot be determined via a voice vote. However, Senate President Godswill Akpabio defended the approval, asserting that it was unanimous, with no dissenting voices recorded. While granting its approval, the Senate mandated that all regulations in Rivers State must be subject to oversight and approval by a Joint Ad-hoc Committee of the National Assembly. Additionally, the Senate urged the federal government to establish a reconciliation mechanism. This would include setting up a peace and reconciliation committee composed of members of the National Assembly, the executive arm of government, respected Nigerians, and other relevant stakeholders to restore peace and stability in the state.

In the House of Representatives, legislators made modifications to President Tinubu’s proclamation. One key amendment required that the Rivers State Sole Administrator, Vice Admiral Ibok Ibas, report directly to the National Assembly instead of the Federal Executive Council (FEC). The House also introduced a clause allowing the president to review and possibly shorten the emergency period from six months. Furthermore, it recommended the creation of a national committee that includes representatives from the presidency, National Assembly, and other prominent Nigerians to help mediate and restore peace in the troubled state. The House approved these amendments via a voice vote, with 243 members in attendance.

The Senate’s approval followed a one-and-a-half-hour closed-door session, after which Senate President Akpabio outlined the resolutions. He emphasized that the state of emergency would last no longer than six months unless reviewed or terminated earlier by the president. He also reaffirmed the Senate’s authority under Section 11, Subsection 4 of the Constitution to oversee the administration of Rivers State through a joint ad hoc committee. Additionally, the Senate resolved to form a committee of eminent Nigerians to mediate between the conflicting factions in Rivers State’s government. After the session, Akpabio put the approval to a voice vote, which was met with unanimous agreement from the senators present.

Despite the approval, reports from the closed-door session indicated deep divisions among senators. Some lawmakers, including Senators Seriake Dickson, Enyinnaya Abaribe, and Aminu Tambuwal, opposed the move and even walked out in protest. Sources revealed that a quorum was not met, prompting those present to rely on a voice vote rather than a formal count. Although 64 senators signed the attendance register, there was controversy over whether this number was sufficient to constitute a legitimate decision-making session.

The controversy began when Senate President Akpabio read President Tinubu’s letter on the state of emergency declaration. Senator Dickson raised a point of order, arguing that such a matter should first be debated in a closed-door session, as stipulated in Senate rules. Initially, Akpabio dismissed Dickson’s concerns, but as tensions escalated, he eventually conceded, allowing the Senate to move into a closed session before voting on the matter.

Meanwhile, Peter Obi condemned the National Assembly’s decision, particularly criticizing the use of a voice vote for such a critical matter. He argued that the constitution mandates a two-thirds majority of all members, which cannot be determined by simply calling out “Aye” or “Nay.” He also emphasized that such decisions should be made transparently to maintain public trust in the democratic process. Several legal experts echoed Obi’s concerns, stating that a voice vote was insufficient and unconstitutional for an issue requiring a special resolution.

Senior Advocate of Nigeria (SAN) Prof. Sam Erugo noted that the National Assembly failed to grasp the gravity of the president’s proclamation. He argued that without a recorded vote showing a two-thirds majority, the resolution lacked legitimacy. Another legal expert, Kunle Edun, SAN, also criticized the use of a voice vote, asserting that a transparent process, such as electronic or physical voting, should have been conducted to ensure fairness.

Despite the backlash, Imo State Governor Hope Uzodimma defended President Tinubu’s decision, calling it a necessary step to maintain national security. He highlighted the economic importance of Rivers State, particularly in crude oil production, and warned that ongoing political unrest in the state could destabilize the economy. Uzodimma commended Tinubu’s proactive approach and assured that the Progressive Governors’ Forum supported the move. He argued that the decision was in the national interest, preventing potential violence and unrest that could have emerged if the political crisis in Rivers had escalated further.

The controversy surrounding the emergency declaration in Rivers State highlights deep political divisions and concerns over constitutional procedures. While supporters argue that the measure was necessary to prevent chaos, critics insist that the National Assembly’s handling of the approval process undermines democratic principles. With legal experts and opposition leaders raising concerns, the decision is likely to face further scrutiny in the coming weeks.