RIVERS CRISIS: Doubts over quorum as NASS approves emergency rule in Rivers

There are doubts over quorum as the National Assembly yesterday approved the emergency rule in Rivers State. Some lawmakers and analysts have raised concerns over the number of lawmakers present in both chambers when the decision was taken. This came as both chambers of the National Assembly ratified President Bola Ahmed Tinubu’s proclamation following a […]

There are doubts over quorum as the National Assembly yesterday approved the emergency rule in Rivers State.

Some lawmakers and analysts have raised concerns over the number of lawmakers present in both chambers when the decision was taken.

This came as both chambers of the National Assembly ratified President Bola Ahmed Tinubu’s proclamation following a voice vote.

Tinubu had on Tuesday declared a state of emergency in Rivers after a standoff between suspended Governor Siminalayi Fubara and the state House of Assembly. He suspended the executive and legislative arms of government for six months and appointed former Chief of Naval Staff, Vice Admiral Ibok Ette Ibas (retd), as sole administrator.

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At the House, a lawmaker, Obi Aguocha (Abia, LP), raised a Point of Order drawing the attention of the speaker on the need for the House to first of all form a quorum as required by the constitution before proceeding.

Aguocha noted that Section 305 (2) of the Constitution required 2/3 of all members of the House to form a quorum, asking the Speaker to do a head count of lawmakers present at the chamber before they begin consideration of the president’s request.

The Point of Order raised by the lawmaker led to a shouting match and rowdy session from lawmakers with Speaker urging them to calm down.

Speaker Abbas, while responding to the lawmaker, assured that attendance register was being taken and that quorum would be announced in due time.

Speaking in the same vein while raising a Point of Order, Rep Fred Agbedi (Bayelsa, PDP), also emphasised the need for the Speaker to announce the quorum before proceeding with the process.

He said, “Our constitution has prescribed what and what to do. It is in the integrity and interest of this house, Mr. Speaker, for you to announce the quorum as we are sitting, so that Nigerians will know that we are not circumventing the constitution.”

The Speaker again assured that the House will not do anything that will be in breach of the constitution, assuring that quorum will be announced.

After the adoption of the proclamation request, the Speaker announced that a total of 243 members were present during the sitting, adding that the 2/3 required quorum was met.

However, this could not be independently verified.

The Senate on the other hand supposed to have 109 members but at the moment  has106 due to the death of Senator Ifeanyi Uba and the exit of Monday Okpebholo, who is now the governor of Edo State. Also, Senator Natasha Akpoti Uduaghan has been suspended.

 A 2/3 of the senators should be 72 members. It was not clear if the members present were up to that number during yesterday’s sitting.

And unlike the House of Representatives, where the issue was raised, nothing was said of the number in the Senate as the lawmakers just proceeded with a voice vote. Some analysts have insisted that quorum was not formed before the action was taken.

 

How Senators backed Tinubu

At the Senate yesterday, lawmakers ratified the declaration during a closed-door session convened to discuss the proclamation and the suspension of Governor Fubara, his deputy, Ngozi Odu and other elected officials.

Senate President Godswill Akpabio read Tinubu’s letter to lawmakers before Senate Leader Opeyemi Bamidele moved a motion for a closed session under Senate Order 135. The motion was seconded by Minority Leader Abba Moro.

Following deliberations, Akpabio conducted a voice vote, and the Senate endorsed the proclamation. “The Senate has exercised its powers under Section 305(2) of the Constitution to approve the president’s declaration. We hope this decision fosters peace and resolves the Rivers crisis,” Akpabio said.

The Senate urged Tinubu to form an ad hoc       committee of prominent Nigerians to mediate between   warring factions and agreed that the president could review or lift the emergency rule at any time but no later than six months from now. Lawmakers further authorised the creation of a joint National Assembly committee to oversee developments in Rivers.

 

Northern caucus endorse action

Some lawmakers have defended the decision, insisting it was necessary to restore stability and prevent further crisis.

Speaking after yesterday’s session, the chairman and leader of the Northern Caucus of the House of Representatives, Alhassan Ado Doguwa, described the move as the best course of action in the interest of peace and national security.

“In the circumstances, therefore, I would like to, on behalf of the northern regional caucus of the 10th House of Representatives, state that we are in total support of the state of emergency declared by Mr. President in the discharge of his constitutional powers as clearly stated in Section 305 of the Constitution of the Federal Republic of Nigeria,” Doguwa said.

 

Other members speak

Rep. Miriam Onuoha (Abia, APC) dismissed concerns that the decision undermines democracy, insisting that it was aimed at protecting citizens.

“This is not a political death sentence for Rivers State. If peace is restored earlier, we will advise the President to lift the emergency rule and reinstate democratic governance,” she said.

House Leader Julius Ihonvbere also defended the National Assembly’s stance, rejecting claims that lawmakers were merely rubber-stamping executive decisions.

“We made critical amendments to ensure this intervention strengthens democracy, not weakens it. Rivers was on the brink—no functional government, no budget, no communication between branches. This is about restoring order,” he stated.

 

Action cannot be ratified by voice vote – Prof Ibrahim

In  his article in today’s edition of this newspaper titled, “State of emergency: Threat to democracy or ‘deux ex machina”, Professor Jibrin Ibrahim, citing Subsection 2 of Section 305 of the 1999 Constitution,  said there is no ambiguity in the process.

 He noted that the section provides that:  “A Proclamation issued by the President under this section shall cease to have effect—

(a) if it is not approved by a resolution of the National Assembly within two days when the National Assembly is in session; or

(b) if the National Assembly is not in session, within ten days after it reconvenes.”

According to Professor Ibrahim, “The requirement, therefore, is that there shall be a division in voting on the matter – the requirement for Senate being 72 votes and for the House, 240 votes.

Yesterday, however, both houses used voice votes to claim they have approved the proclamation but a voice vote does not tell you how many voted for or against.

“This evacuates the validity of the vote and created additional political crisis because it became clear that neither the Senate nor the House could produce the required majority.

“My good friend, Barrister Jiti Ogunye, had argued that given the political nature of the conflict, suspension of the state executive and legislature could play the role of “deux ex machina” or miraculous solution to the protracted conflict.

“The fact that the votes in the National Assembly were not counted removes the miraculous from the purported solution. I am, therefore, obliged to agree with my other barrister friend, Femi Falana, that the decision of President Tinubu to suspend Governor Fubara, his deputy, Mrs Odu, and all elected members of the Rivers State House of Assembly for six months is illegal as it cannot be justified under any of the provisions of the 320 sections of the constitution.”