– There was tension in the National Assembly on Wednesday as it failed to consider the state of emergency proclaimed in Rivers State by President Bola Tinubu on Tuesday.
At the Senate, the upper chamber failed to consider a motion on the proclamation of a state of emergency in Rivers State sponsored by the Leader of the Senate, Senator Bamidele Michael Opeyemi (APC; Ekiti Central).
The House stepped it down for the next legislative day, today, Thursday, even though the motion appeared as first item (motion) on the order paper for Wednesday.
This action contrasted with an earlier position by the Attorney General of the Federation (AGF), and Minister of Justice, Lateef Fagbemi, who claimed that the Federal Government had secured a two-third vote of the Senate on the issue.
This medium, however, observed that the chamber was unusually scanty as most lawmakers were absent thereby making it difficult to reach a two-third needed for Tinubu’s proclamation to scale through.
The Senate as currently constituted is made up of 109 lawmakers, with Senator Ifeanyi Ubah dead, Senator Monday Okpebholo moving on as governor of Edo State, and Senator Natasha Akpoti-Uduaghan on suspension for six months, hence reducing the total number to 106.
In a copy of the order paper obtained by Daily Independent, the red chamber noted with concern that Rivers State has been experiencing serious political crises and disturbances, which constituted grave threats to peace, order, good governance, security and safety for lives and properties.
The order paper stated that the area “has been on a standstill since the crisis started with the good people of River State not being able to enjoy the dividend of democracy.”
In his argument, Senator Bamidele observed that the magnitude of the crisis has overwhelmed the state government, as parties involved have not allowed good sense to prevail and bring about peace in the state hence the Federal Government’s attempt to restore peace, security and good governance.
According to the Leader of the Senate, “There is a clear and present danger of the crisis as some militants had threatened fire and brimstone with security report of disturbing incidents of vandalisation of pipelines.”
Senator Bamidele in the document argued the need to provide adequate and extraordinary measures to restore good governance, peace, order and security in the state.
At the House of Representatives on Wednesday, the lower chamber adjourned its plenary without discussing the state of emergency declared by President Bola Tinubu in Rivers State, despite widespread expectations that the matter would dominate proceedings.
When the House convened on Wednesday, the issue was not raised during plenary, leaving many surprised and questions unanswered.
Before the start of the session, tempers flared between two female lawmakers, Blessing Amadi (PDP: Rivers) and Marie Ebikake (PDP: Bayelsa).
The two engaged in a heated argument over the constitutionality of the state of emergency declaration, creating a tense atmosphere in the chamber. Their shouting match was only quelled after the intervention of their colleagues.
Plenary proceedings began shortly afterward, with lawmakers instead opting to investigate the Federal Government’s conditional cash transfer programme. Recall that the declaration of the state of emergency took place yesterday.
In response to the situation, House spokesperson, Akin Rotimi, confirmed that President Tinubu had informed the National Assembly of his decision through a letter prior to the emergency declaration.
Rotimi added that the letter, seeking the House’s approval for the state of emergency in accordance with section 305 of the constitution, would be presented for reading during plenary at a later date.
Rotimi also revealed that the president had met with the leadership of both chambers of the National Assembly, the National Security Adviser, and the service chiefs before the emergency proclamation was made.
Hon. Adegboyega Isiaka, speaking to journalists after plenary, contradicted the House spokesman’s claim, stating, “No communication from the president was read on the floor of the House before we adjourned plenary to Thursday.
The National Assembly has until Thursday to receive communication from President Tinubu, but as of now, the House has yet to receive any such communication.”
He further stated, “As we can all see, this situation is becoming increasingly concerning and poses a threat to democracy itself. I believe the president’s actions are aimed at halting the ongoing situation in Rivers.
While there are varying opinions, some arguing that it may be unconstitutional, I am not a lawyer and haven’t deeply analysed the matter.
But whatever it is, it can be tested in court. A leader must take action, and I think that is what the president has done.
Regarding its presentation to the House, we expected it today, but it has not yet happened. However, I believe the law allows for this to be done within 48 hours, and we are still within that time frame. Let’s see what unfolds tomorrow, and we can take it from there.”
When asked about the possibility of some members avoiding plenary to prevent a quorum, Hon. Isiaka responded, “I don’t believe members are deliberately avoiding plenary to prevent a quorum.”
He continued, “The law is clear that it must be presented, and I am confident that the president, being a democrat, will take the necessary steps.
The letter from the president has not arrived, and there must be a reason for that. I have not yet inquired with the spokesman about the cause.
However, the most important point is that there was no communication today.”
Shortly after Hon. Isiaka’s remarks, opposition lawmaker, Hon. Ikeagwuonu Ugochinyere, strongly opposed President Bola Tinubu’s declaration of a state of emergency in Rivers State, calling it an unconstitutional overreach.
Ugochinyere acknowledged that the president has the constitutional power under section 305 to declare a state of emergency in the event of a security threat.
However, he argued that President Tinubu exceeded his powers by suspending Governor Siminalayi Fubara, his deputy, and the Rivers State House of Assembly, as well as appointing an administrator to oversee the state.
The lawmaker accused the president of bypassing the National Assembly’s authority, citing section 11 of the constitution, which grants the legislature, not the executive, the power to make laws for a state if it’s House of Assembly becomes dysfunctional.
“The president does not have the power to suspend a democratically elected governor, deputy governor, or House of Assembly.
Where did he get the authority to appoint an administrator? That position is not recognised by law.” Ugochinyere further criticised the president for undermining the constitutional power of the National Assembly, which, under section 11(4), should make laws for a state when its Assembly is nonfunctional.
Instead, the president had delegated this responsibility to an unknown administrator. Ugochinyere also questioned the rationale behind the state of emergency declaration, asking whether Rivers State was truly in crisis.
He reminded Nigerians that in 2013, Tinubu, then in opposition, had fiercely criticised former President Goodluck Jonathan’s declaration of a state of emergency in Adamawa, Borno and Yobe states, despite not removing the governors at the time.
Ugochinyere emphasised that while peace in Rivers State is essential, it should be achieved through constitutional means. “Is there a war in Rivers? Are people dying in the streets? Did the president even mention that the governor had called for peace meetings that were ignored? Instead, he unilaterally took action without addressing the root cause of the political tensions,” he said.
“This decision sets a dangerous precedent. If we allow an elected governor to be suspended today, tomorrow, a president could be suspended under the same pretext. I will not support this move, and I believe any true democrat should resist it,” he concluded. Recall, on Tuesday, President Bola Tinubu, in a nationwide broadcast after meeting with the service chiefs, the leadership of the National Assembly; River State governor, Siminalayi Fubara, and the FCT Minister, Nyesom Wike, proclaimed a state of emergency in the state for six months.
Tinubu had argued that developments in the state in the past few weeks had been of great concern to him as president of the country.
He nominated Vice Admiral Ibokette Ibas (rtd) as Sole Administrator, adding that he felt greatly disturbed by the political crisis in Rivers State, which left him with less choices than to take a firm stand to resolve the logjam in the oil rich state.
