In a move that has sparked widespread criticism and raised questions about democratic processes, both chambers of Nigeria’s National Assembly approved President Bola Tinubu’s declaration of a six-month state of emergency in Rivers State through voice votes, bypassing the constitutional requirement of a two-thirds majority. The decision has fueled accusations that the National Assembly is acting as a rubber stamp for the executive, with many Nigerians expressing outrage over the lack of transparency and adherence to constitutional provisions.

Constitutional Breach and Lack of Transparency

Section 305(6)(b) of the Nigerian Constitution mandates that a state of emergency declared by the president must be approved by a two-thirds majority of all members of both the Senate and the House of Representatives. This would require 240 votes in the House and 73 in the Senate. However, during Thursday’s plenary sessions, both chambers opted for voice votes, making it impossible to verify whether the constitutional threshold was met.

The House of Representatives, presided over by Speaker Abbas Tajudeen, approved the emergency rule after a debate that saw lawmakers propose amendments to the declaration. Similarly, the Senate, led by Senate President Godswill Akpabio, conducted an 80-minute closed-door session before emerging to approve the measure via a voice vote. Neither chamber disclosed the actual number of lawmakers who supported the motion, leaving Nigerians in the dark about whether the required two-thirds majority was achieved.

Prominent Nigerians, including banker Atedo Peterside and activist Dele Farotimi, have condemned the use of voice votes for such a critical decision. Peterside stated on X (formerly Twitter), “A two-thirds majority cannot be achieved via a voice vote. Members voting for or against the resolution to ratify the President’s emergency actions must identify themselves and cast their votes individually.” Farotimi echoed this sentiment, emphasizing that the vote must be clearly counted to ensure constitutional compliance.

Widespread Criticism and Accusations of Rubber-Stamping

The approval of the state of emergency has intensified concerns about the National Assembly’s independence, with many Nigerians accusing the legislature of being a mere rubber stamp for the executive. Critics argue that the rushed process and lack of transparency undermine democratic principles and set a dangerous precedent for federal overreach in state affairs.

The South-South Governors’ Forum has also weighed in, expressing concern that the political situation in Rivers State does not meet the constitutional criteria for declaring a state of emergency. In a statement signed by Bayelsa State Governor Douye Diri, the Forum emphasized that the crisis between Governor Siminalayi Fubara and the State House of Assembly should be resolved through legal and constitutional means, rather than executive intervention.

Details of the Emergency Rule

President Tinubu’s declaration suspends Governor Fubara, his deputy, Ngozi Odu, and members of the Rivers State House of Assembly for six months. Retired Vice Admiral Ibok-Ete Ibas, a former Chief of Naval Staff, has been appointed as the sole administrator of the oil-rich state during this period.