Rivers State Emergency Declaration Challenged by Former Governor Tambuwal: Controversy Erupts Over Senate Approval of Tinubu’s State of Emergency Proclamation in Rivers State

Lagos, Nigeria – A major constitutional dispute has emerged following the Nigerian Senate’s approval of President Bola Ahmed Tinubu’s proclamation of a state of emergency in Rivers State. Former Governor of Sokoto State and serving Senator Aminu Waziri Tambuwal has publicly challenged the legitimacy of the approval, asserting that the Senate failed to secure the constitutionally required two-thirds majority vote.

Tambuwal Raises Constitutional Concerns

The Senate convened last Thursday in a closed-door session to deliberate on President Tinubu’s proclamation. Following the discussion, the approval was granted through a voice vote during plenary. However, Senator Tambuwal, who represents Sokoto South in the 10th Senate, has argued that the process did not adhere to the stipulations of Section 305 of the 1999 Constitution, as amended.

“Section 305 of the Constitution is very clear and unambiguous on how a state of emergency should be declared and the legislative process required,” Tambuwal told Sunday Sun.

According to the senator, at least two-thirds of the 109-member Senate—equivalent to 73 votes—must be recorded in favor of the resolution for it to be valid. “I observed that there were not enough senators present to meet the constitutional requirement. From what I saw, there was no such number on the floor on that day,” Tambuwal stated, suggesting that the process lacked the required numerical legitimacy.

Past Precedents and Legislative Oversight

Tambuwal did not stop at procedural concerns; he also criticized the National Assembly for failing to adhere to established legislative precedents. He referenced past emergency declarations under former Presidents Olusegun Obasanjo and Goodluck Jonathan, both of whom, he said, ensured strict compliance with constitutional requirements.

“What stops the current National Assembly from making reference to its own precedents that are in its records? I can’t understand that,” he remarked.

The senator’s comments have sparked discussions among legal experts, policymakers, and political analysts about whether due process was indeed followed in this instance.

Legal Experts Weigh In

Constitutional lawyers and political analysts have weighed in on the controversy, with some expressing concerns over the potential legal and political implications of the Senate’s decision.

Senior Advocate of Nigeria (SAN) and constitutional law expert Femi Falana opined that if Tambuwal’s assertions hold, the approval could be challenged in court. “If it is established that the Senate did not meet the constitutional requirement for a state of emergency, then any executive actions taken under this proclamation could be deemed invalid,” he explained.

Another legal expert, Prof. Akin Oyebode, emphasized the importance of upholding constitutional integrity in democratic governance. “The state of emergency provision exists to handle crises, but the procedures must be rigorously followed to avoid setting dangerous precedents,” he noted.

Implications for Rivers State

The political crisis in Rivers State, which prompted President Tinubu’s emergency proclamation, remains a key concern for both the federal government and the affected citizens. Analysts warn that any legal contestation over the legitimacy of the Senate’s approval could further destabilize the state and hamper governance.

Political analyst Jide Ojo warned of potential unrest should the declaration be overturned. “The legitimacy of this emergency declaration is crucial. If it’s found unconstitutional, Rivers State could fall into deeper political turmoil,” he cautioned.

Opposition Reacts

Opposition parties, including the Peoples Democratic Party (PDP), have expressed concerns about the perceived irregularities in the Senate’s approval process. A PDP spokesperson described the situation as a “serious constitutional breach” and called for an urgent review of the process.

“This is a dangerous precedent. The National Assembly must ensure that its procedures align with constitutional requirements. Anything less undermines democracy and the rule of law,” the spokesperson added.

What Next?

With Tambuwal’s strong opposition gaining traction, political observers anticipate that the matter may be taken to court for judicial interpretation. If the courts rule against the Senate’s approval, it could invalidate Tinubu’s emergency proclamation and necessitate a fresh legislative process.

As the controversy unfolds, Nigerians await official responses from the Senate leadership and the Presidency regarding the legal and constitutional concerns raised.