President Bola Tinubu is facing stiff resistance in the National Assembly as he seeks a two-thirds majority to validate his declaration of a state of emergency in Rivers State. The declaration, made on Tuesday, came amid an escalating political crisis in the state.
Tinubu also announced the controversial suspension of Governor Siminalayi Fubara, his deputy Ngozi Odu, and all state assembly members for six months. In their place, he nominated retired Vice-Admiral Ibok-Ete Ibas as the administrator—a move not explicitly backed by the constitution.
To give legal effect to the emergency rule, Section 305 (2) of the 1999 Constitution mandates the president to transmit his proclamation to the Senate President and Speaker of the House of Representatives. It also requires, under Section 305 (6), a resolution passed by two-thirds of all members in both chambers within two days of publication—if the National Assembly is in session—or ten days otherwise. With 360 members in the House and 109 senators, Tinubu needs 240 and 73 votes respectively. Falling short in either chamber would nullify the proclamation.
Sources within the National Assembly revealed that Tinubu’s allies are struggling to whip up the numbers. Many lawmakers remain unconvinced about the legal basis and necessity of the move. Some see it as a dangerous precedent, with opposition figures and even some members of the ruling All Progressives Congress (APC) expressing skepticism. The Senate on Wednesday deferred debate on the motion to Thursday, indicating a lack of consensus.
Complicating matters, both chambers are also struggling to form a quorum, as a significant number of lawmakers are currently in Saudi Arabia for the lesser Hajj and Ramadan observances. The quorum required is 36 in the Senate and 120 in the House. Even if a quorum is formed, the constitution demands that votes be cast by all members—109 in the Senate and 360 in the House—meaning that absentee or remote voting, reportedly being considered via signature collection, would not hold up constitutionally.
A House member described the situation as “unprecedented” and warned against trying to bypass constitutional procedures. A senator went further, calling the move a “big miscalculation” on the part of the president, citing poor coordination with the legislature. He noted that if the National Assembly had been formally adjourned indefinitely before the proclamation, the president would have had ten days to gather support instead of the current two-day window, which expires Thursday.
Although the president’s letter seeking legislative approval was said to have been transmitted, it was not read on the House floor on Wednesday as expected. The Senate also stepped down the motion without debate. With time running out, Tinubu faces the real possibility of having to revoke the emergency proclamation if he cannot secure the required legislative backing.
