ABUJA, Nigeria – Former Sokoto State Governor and current Senator, Aminu Tambuwal, has raised concerns over the Senate’s approval of President Bola Tinubu’s proclamation of a state of emergency in Rivers State, arguing that the process violated constitutional requirements.
Tambuwal, who represents Sokoto South in the 10th Senate, stated that the Senate failed to secure the mandatory two-thirds majority of members needed to approve the proclamation, as stipulated by Section 305 of the 1999 Constitution.
On Thursday, March 20, 2025, the Senate held a closed session to deliberate on the president’s request before approving it through a voice vote during plenary.
However, Tambuwal, a former Speaker of the House of Representatives, disclosed that the required number of senators—73 out of 109—was not present to support the resolution.
“Section 305 of the Constitution is very clear. It is unambiguous, the language is very plain, as to how the president can declare a state of emergency and what is required of the legislature,” Tambuwal told Sunday Sun in Abuja on Saturday, March 22, 2025.
“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.”
He added, “In the case of what happened in the Senate, where I belong, 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.”
Tambuwal, a lawyer and member of the Body of Benchers, emphasized that the Constitution requires two-thirds of all members to support the resolution, not just those present and voting.
“So, if you juxtapose that to the requirement of the Constitution, it means that what was done fell short of the provision of the Constitution,” he said.
The senator also criticized the National Assembly for ignoring its own precedents in handling the matter.
He recalled that during previous administrations, including those of Presidents Olusegun Obasanjo and Goodluck Jonathan, the National Assembly adhered to the constitutional requirement of securing a two-thirds majority to approve states of emergency.
“Parliament is supposed to be guided by the Constitution, its rules, and its precedents,” Tambuwal said.
“State of emergency was declared under President Obasanjo…two-thirds had to be garnered in the Senate and the House of Representatives. State of emergency was declared during the administration of President Goodluck Jonathan in 2013, in Borno, Adamawa, and Yobe States. We had to garner two-thirds. So, what stops the current National Assembly from making reference to its own precedents?”
Tambuwal’s remarks highlight growing concerns over the Senate’s handling of the Rivers State crisis, which has sparked widespread debate and criticism.
The declaration of a state of emergency and the suspension of Governor Siminalayi Fubara, his deputy, and members of the State Assembly have raised questions about the legality and political motivations behind the move.
