*Warns Against Using Emergency Declarations as Political Tools
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President Bola Tinubu’s declaration of a state of emergency in Rivers State faces a significant hurdle in the National Assembly, where opposition lawmakers claim he lacks the constitutional majority needed for approval.
In an interview on Arise TV, Honorable Obi Aguocha, a member of the House of Representatives under the Labour Party, emphasized that the president’s proclamation requires approval from two-thirds of the entire National Assembly membership—not just two-thirds of members present during voting.
“The constitution stipulates two-thirds of the members, not two-thirds of members present in any sitting,” Aguocha explained. “Two-thirds of 360 [House members] is about 273 or 274. As of today that I sit here to talk, the president does not have the numbers.”
The constitutional requirement creates a high bar for the president’s emergency declaration to become effective. Section 305 of the Nigerian Constitution allows the president to declare a state of emergency, but the proclamation must be ratified by both houses of the National Assembly within 48 hours.
While the ruling All Progressives Congress (APC) holds a majority in both chambers, it is described as a “tiny sliver” that falls well short of the two-thirds threshold required for such significant constitutional actions.
Professor Koyinsola Ajayi, a Senior Advocate of Nigeria who also participated in the discussion, offered a strategic perspective for those opposing the emergency declaration: “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.”
Ajayi emphasized the time-sensitive nature of the process, noting: “The constitution is clear. If nothing happens by close of business tomorrow, all this is over. The president must get a resolution of two-thirds for it to survive. It’s automatic.”
The numbers game in the National Assembly has become crucial following President Tinubu’s controversial move to suspend Rivers State Governor Sim Fubara, his deputy, and the state assembly for six months, appointing Vice Admiral Ibas as administrator.
Aguocha indicated that discussions are ongoing among lawmakers ahead of the plenary session where the vote will occur, but stressed that most members are approaching the issue objectively “so that we don’t set bad precedents, not just for this president but for future presidents, where states of emergency will now be used as a political tool to intimidate opposition positions.”
The outcome of the vote will determine whether Governor Fubara and other elected officials in Rivers State will remain suspended or be reinstated to their positions. If the president fails to secure the required two-thirds majority, the emergency declaration will automatically lapse, effectively nullifying the suspension of the elected officials.
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