CHUKWU DAVID reports that despite the public outcry against the state of emergency imposed in Rivers State by President Bola Tinubu, the Senate approved the decision through voice vote instead of adhering to the provisions of the constitution that provides that two-third of members will support such declaration before it can stand

Tthe proclamation of state of emergency in Rivers State by President Bola Tinubu on Tuesday March 18, during which he suspended Governor Siminalayi Fubara, his deputy and members of the state House of Assembly, following the lingering political crisis in the state, elicited so much debate, divergent views, criticisms, factional groupings and all manner of divisive tendencies in the polity in the last one week.

Actually, some analysts knew that if the political impasse in Rivers State deteriorated and persisted unabatedly, without genuine efforts to resolve the crisis, it would one day result in a proclamation of state of emergency by the President as the last resort to address the matter and salvage the state from drifting to anarchy.

However, some did not know that this supposed last resort (state of emergency) would come so soon, as they believed that the situation had neither degenerated or posed a threat to the peace and progress of the state nor had it defied the intervention of Mr. President, to call the two warring camps led by Governor Fubara and the Minister of the Federal Capital Territory (FCT), Nyesom Wike, and get them reach amicable settlement.

Also, many legal experts have closely looked at Section 305 of the Constitution, which empowers the President to declare state of emergency when and where necessary, and concluded that the section does not give such overwhelming power to the President to suspend an elected governor of a state and or members of the state House of Assembly.

Some lawyers, who have spoken on the issue, agreed that according to section 305, the President can declare a state of emergency, which involves taking extraordinary measures, especially through massive deployment of security personnel to the troubled area but that the President has no such power to suspend governor of a state in a federal system of government.

On the other hand, since President Tinubu had already taken action by making the proclamation on Rivers State, Nigerians had expected that members of the National Assembly, would veto the proclamation by voting against it.

The constitution specifies that two-third of the members of the two chambers of the country’s highest lawmaking institution are required to approve emergency rule in any part of the country. Incidentally, contrary to the position of the law and the expectation of most Nigerians, the Senate, just like the House of Representatives, on Thursday March 20, endorsed the emergency rule imposed, with the suspension of Governor Fubara, his deputy and all the members of the state Assembly for six months, and the appointment of a sole administrator by a voice vote.

Senate first deferred consideration

A motion to for the consideration of the emergency rule in Rivers State was first scheduled in the Senate’s Order Paper on Wednesday, March 19. In fact, it was the first item on the Order Paper that day.

However, when it was time to take the item for debate, after preliminary legislative proceedings, the apex legislative Assembly resolved to defer the consideration, following a motion moved by the Senate Leader, Opeyemi Bamidele, urging that it should be taken later in the day, after other items had been considered. However, the motion was later not considered.

Although the authorities of the Red Chamber did not give reason for the deferment, New Telegraph learnt that it was because senators in attendance could not produce two-thirds majority required to ratify the emergency rule proclamation by President Tinubu.

Accordingly, while stepping down other four items listed on the Order Paper of the day, the Upper Chamber also stepped down the motion on the emergency rule in Rivers State, which was sponsored by the Senate Leader, Senator Bamidele. To approve the declaration, the Senate requires two-thirds majority, which is 73 out of 109 senators, to allow the emergency rule to take effect.

An insider in the Senate, who preferred not to be mentioned in print, told our correspondent that they first shifted the motion till 3.pm because they did not have up to 73 senators in the chamber that would produce the two-thirds majority required for the approval.

The source further revealed that, shortly before 3.pm, they observed that the number of senators in the Chamber did not improve, while the lawmakers were considering other items on the Order Paper, thereby making it obviously impossible to succeed with the intended approval of the emergency rule proclamation.

New Telegraph also learnt that the motion was eventually deferred to be taken the next legislative day, to enable the stakeholders embark on massive lobbying of the lawmakers, convincing them to attend plenary and also to support the motion for approval.

Altercation between Akpabio and Dickson

When the Senate resumed plenary on Thursday, and shortly before the closed-door session, there was a brief but heated altercation between the President of the Senate, Godswill Akpabio and Senator Seriake Dickson, when Dickson raised a Point of Order after Akpabio read Tinubu’s letter on the state of emergency.

Trouble started when Dickson raised a point of Order and Akpabio interrupted him, asking him to sit down, claiming that he had known where he headed on the state of emergency, since he (Akpabio) had watched him on television on Wednesday, where he expressed position, saying that his views would never be in agreement with that of the Senate.

Akpabio and Dickson disagreed sharply over the procedure for handling the proclamation of a state of emergency in Rivers State.

Akpabio appeared reluctant to acknowledge Dickson’s point of order but as tension rose, he allowed Dickson to raise the point of order, who drew the attention of the Senate to Order 133 of the Senate Standing Rules, which prescribes that state of emergency should be considered in a closed session.

Hearing this from Dickson, Akpabio upheld the point of order and it was adopted by the Senate. The senators immediately went into closed session, where resolutions were taken on the state of emergency.

Senate’s approval of emergency rule

After about one and half hours of executive session, the Senate resumed plenary and approved the state of emergency in Rivers State as Akpabio read out the resolutions of the apex Assembly during the closed season. Delivering the resolutions reached during the executive session, the President of the Senate, Senator Akpabio said:

“The Senate invokes the powers conveyed on it by section 305 of the 1999 Constitution of the Federal Republic of Nigeria (as amended ), approves the proclamation of state of emergency declared by Mr. President in Rivers State of Nigeria.

“The Senate further directs that the declaration of the state of emergency stated in the proclamation documents demands that the President can review and even terminate the state of emergency at any given time, but not later than six months.

The Senate further resolved that Section 11, Subsection 4 be invoked, providing the National Assembly the authority to set up a joint ad hoc committee of both chambers to oversee the administration of Rivers State, henceforth.

“The Senate further resolved that a committee of eminent Nigerians be set up to reconcile the warring groups in the government of River State within the period of the state of emergency.

The Senate further resolved that a committee of eminent Nigerians to reconcile the warring factions in Rivers State be set up to carry out their action during the period of state of emergency.

For final ratification, I put it to the Senate that those in favour of the proclamation of the state of emergency 2025 in Rivers State, should say aye,” which was affirmatively responded to by all the senators in the chamber.

Continuing, Akpabio said: “Therefore, pursuant to section 60 of the constitution, section 305 (2) and pursuant to our rules, Rule 1 (b) of the standing orders of the Senate and also pursuant to Rules 133, 134, 135 and 136 of the Senate of the Federal Republic of Nigeria, the state of emergency proclamation in Rivers State was approved and other vital resolutions taken.”

Tensed closed-door session

Following the public outcry over the state of emergency in Rivers, particularly the suspension of Governor Fubara and other elected officials and the argument over the unconstitutionality of President Tinubu’s action, New Telegraph learnt that senators engaged in a tensed closed session.

An insider told our correspondent that the required number of Senators for the emergency rule to be lawfully approved could not be attained during the closed session, noting that it was that tight situation that prompted Akpabio to use voice vote to approve the President’s request.

It was however, learnt that Senators Seriake Dickson (PDP, Bayelsa West), Enyinnaya Abaribe (APGA, Abia South), Aminu Tambuwal (PDP, Sokoto South), and others walked out of the Red Chamber, to express their rejection of the process.

New Telegraph further learnt that 64 senators signed the attendance register, though the presiding officers do not sign the register as they normally walk into the hallowed Chamber with the principal officers.

Since the imposition of state of emergency in Rivers, the nation’s political atmosphere has been tensed, with many eminent individuals and groups calling for the reversal of the action by President Tinubu, while others have been bashing the country’s federal lawmakers for apparently compromising their positions as the people’s representatives.