Senator Aminu Waziri Tambuwal, former Governor of Sokoto State, has raised concerns over the Senate’s approval of the State of Emergency in Rivers State, arguing that the required two-thirds majority was not met.
Reports indicate that the Senate held a closed-door session last Thursday before approving President Bola Ahmed Tinubu’s proclamation through a voice vote during plenary.
However, Tambuwal, who represents Sokoto South in the 10th Senate, told Sunday Sun that the constitutional requirement of at least 73 out of 109 senators was not satisfied, making the approval unconstitutional under Section 305 of the 1999 Constitution.
Tambuwal emphasized that Section 305 clearly outlines the process for declaring a state of emergency and the role of the National Assembly in approving it.
“The Constitution is very clear and unambiguous on this matter. It specifies the steps the president must follow and the exact legislative requirements for approval by both chambers—the Senate and the House of Representatives,” he said.
He further explained that the law explicitly requires a two-thirds majority of all members in either chamber to approve such a declaration.
“To meet the constitutional requirement, at least 73 out of 109 senators must support the resolution. Anything short of that does not comply with the law,” Tambuwal added.
Tambuwal revealed that during the plenary session, he noticed that the required number of senators was not present in the chamber.
“From my observation, there were not enough senators in attendance to meet the required number. If you check the Senate register for that day, it would be clear that there were fewer than 73 senators present,” he stated.
He pointed out that if the actual number of present senators was lower than required, then the approval did not meet constitutional standards.
“If you compare the number of senators present to the constitutional requirement, it is evident that the approval process was flawed,” he asserted.
Senate Ignored Established Precedents
Tambuwal also criticized the National Assembly for ignoring past legislative precedents on state-of-emergency declarations.
He referenced previous instances, such as during the administrations of Olusegun Obasanjo and Goodluck Jonathan, when the two-thirds majority requirement was strictly followed.
“What stops the current National Assembly from referring to its own historical records? There are clear precedents within its archives that show the correct procedure. Ignoring these established practices is part of the problem,” he said.
