*Says “There’s Been No Removal Of The Governor Of Rivers State; They Are Just Suspended”
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A prominent Senior Advocate of Nigeria (SAN), Professor Koyinsola Ajayi, has outlined a strategic path for lawmakers opposing President Bola Tinubu’s state of emergency declaration in Rivers State, suggesting that abstaining from voting altogether could be more effective than attempting to secure a majority vote against the measure.
Ajayi, speaking on Arise TV, explained that the constitution provides a narrow window for the emergency declaration to take legal effect, with inaction by the National Assembly automatically causing the measure to fail.
“What I hope is that honorable members and people like him don’t seek two-thirds of the vote—they should seek one-third, that’s all. Or they should filibuster the resolution,” Prof. Ajayi advised opposition lawmakers.
The senior lawyer emphasized the time-sensitive nature of the approval process: “The law is clear. If nothing happens by the close of business tomorrow [Today], all this is over. The president must get a resolution from two-thirds of the National Assembly for it to survive. It’s automatic.”
Ajayi’s advice reveals a potential strategic advantage for those opposing the emergency declaration. Rather than trying to win a direct vote against the measure, which would require organizing a majority, opposition members could:
- Boycott the session entirely, preventing a quorum
- Extend the debate through filibuster tactics until the 48-hour window expires
- Focus on securing just one-third of the votes against the measure, instead of a full majority
Prof. Ajayi’s counsel underscores the constitutional requirement that the president’s proclamation must secure approval from two-thirds of the entire National Assembly membership within 48 hours to remain in effect.
“So if the House does not sit, or if they sit and just rally one-third of the members, this is over,” he explained, suggesting that the procedural hurdles for the president’s emergency declaration are higher than many realize.
Professor Ajayi’s strategic advice offers a potential roadmap for opposition lawmakers seeking to nullify the emergency declaration without engaging in a direct confrontation that they might not have the numbers to win.
“It’s actually simpler than it is made out to be,” Prof. Ajayi concluded, suggesting that the constitutional safeguards might ultimately resolve the political crisis without requiring a definitive legislative victory by either side.
Regarding the legal basis for the president’s declaration, Prof. Ajayi referred to Section 305 of the Nigerian Constitution, which empowers the president to declare a state of emergency under specific conditions.
“The simple answer is whether the president had any basis in law to do what he did,” Prof. Ajayi explained. “The answer lies in what everybody refers to, which is Section 305 of the constitution, which allows him to declare a state of emergency. No one is disputing that.”
He also referenced the Supreme Court case involving former Plateau State Governor Joshua Dariye, who was suspended during President Olusegun Obasanjo’s administration. Ajayi noted that the Supreme Court, with a full panel of seven judges including the Chief Justice, unanimously ruled that the governor was lawfully suspended.
“They were unanimous in their decision that Governor Dariye was lawfully suspended and didn’t have any power, and that the person who had control over all the agencies of the state was the administrator appointed by General Obasanjo,” he stated.
Prof. Ajayi made a crucial distinction often overlooked in the public debate: “The governor hasn’t been removed, that’s the point. There’s been no removal of the governor or members of the House. They’ve been suspended.”
He emphasized that courts have historically been cautious about interfering with emergency declarations, citing a 1962 case when the Premier of the Western Region was removed. “When it comes to matters of emergency, the courts are very careful to query what the president has done,” he noted, pointing out that courts in countries like Malaysia, England, and India have taken similar stances.
Ajayi also highlighted the temporary nature of the emergency declaration, noting that it lasts only 48 hours without National Assembly approval. “The president’s proclamation is effectively only for 48 hours. The National Assembly has all the powers—once they vote tomorrow and reject it, that’s the end of the matter. Fubara goes back to office, and the House resumes its seating.”
For those opposing the emergency declaration, Prof. Ajayi offered further strategic advice: “What I hope is that honorable members don’t seek two-thirds of the vote—they should seek one-third, that’s all. Or they should filibuster the resolution.”
He concluded by emphasizing the constitutional safeguards in place: “If the House does not sit, or if they sit and just rally one-third of the members, this is over. It’s actually simpler than it’s made out to be.”
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