How Senate failed to meet two-thirds majority requirement for approval of Tinubu’s SOE in Rivers – Tambuwal

Former Sokoto State Governor and Senator representing Sokoto South, Aminu Waziri Tambuwal, has condemned the approval of the state of emergency in Rivers State by the Senate, revealing that it failed to meet the constitutional requirement of a two-thirds majority.

During a closed-door session last Thursday, the Senate deliberated on President Bola Ahmed Tinubu’s proclamation and subsequently approved it through a voice vote.

However, in an interview with Newsmen in Abuja, Tambuwal insisted that the approval was invalid as it did not secure the necessary 73 votes out of 109 senators, as required by Section 305 of the 1999 Constitution.

“I will be speaking to you from the point of view of being a lawyer, a member of the Body of Benchers and a life Bencher for that matter, and not necessarily as a lawmaker who is a member of the 10th Senate,” Tambuwal stated.

Referencing his experience as a former Speaker of the House of Representatives, he emphasized that the constitution is clear on the procedure for declaring a state of emergency.

“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. From what I saw, there was no such number on the floor that day,” he argued.

Tambuwal accused the Senate of disregarding constitutional procedures, pointing out that previous state of emergency declarations under Presidents Olusegun Obasanjo and Goodluck Jonathan adhered strictly to the two-thirds requirement.

“State of emergency was declared under President Obasanjo… two-thirds had to be garnered, in the Senate and the House of Representatives. The same happened under Jonathan in 2013 in Borno, Adamawa, and Yobe. So, what stops the current National Assembly from making reference to its own precedents?” he questioned.

President Tinubu declared a state of emergency in Rivers State on March 18, 2025, citing escalating political instability and pipeline vandalism threatening Nigeria’s oil production. This move resulted in the six-month suspension of Governor Siminalayi Fubara, his deputy, Mrs. Ngozi Odu, and all members of the state House of Assembly. Retired Vice Admiral Ibok-Ete Ekwe Ibas was appointed as the state’s administrator during this period.

The political tension in Rivers had been escalating due to a rift between Governor Fubara and lawmakers loyal to his predecessor, Nyesom Wike, now Minister of the Federal Capital Territory. The conflict intensified when some lawmakers attempted to impeach Fubara over allegations of illegal budget presentations and legislative irregularities. Meanwhile, rising incidents of pipeline vandalism, including a fire on the Trans Niger Pipeline, raised serious security and economic concerns, prompting the federal government’s intervention.

Following the emergency declaration, allegations surfaced that financial incentives were used to secure legislative approval. According to SaharaReporters, cash was reportedly distributed at Senate President Godswill Akpabio’s guest house, with some senators allegedly receiving between $5,000 and $10,000 each to support the proclamation.

However, the House of Representatives, through its deputy spokesman, Hon. Philip Agbese, dismissed the claims, describing them as “false” and “malicious.”