Voice Vote: Controversies As NASS Approves Tinubu’s State Of Emergency Rule In Rivers

Controversies have trailed the decision of the Upper and Lower chambers of the National Assembly (NASS) to approve President Bola Ahmed Tinubu’s declaration of a state of emergency in Rivers State on Thursday, March 20.

Through a voice vote on Thursday, Naijaonpoint reports that the Senate and House of Representatives affirmed the suspension of Rivers State Governor Siminalayi Fubara, his deputy, and other elected officials for six months, along with appointing a sole administrator by President Tinubu.

However, this action appears to conflict with Section 305(4) of the amended 1999 Constitution, which stipulates that a resolution from the National Assembly, supported by a two-thirds majority, is necessary to endorse the president’s request.

Various political bigwigs and concerned Nigerians, including the Labour Party’s 2023 presidential candidate, Peter Obi, have criticized the National Assembly for this approval, contending that a two-thirds majority cannot be accurately determined via a voice vote.

In response, Senate President Godswill Akpabio stated that the approval was achieved unanimously, with no dissenting votes.

In conjunction with the emergency rule approval, the Senate mandated that all regulations in Rivers State be subject to the oversight and approval of the National Assembly Joint Ad-hoc Committee.

Additionally, the Senate called on the federal government to establish a reconciliation framework, which would include forming a peace and reconciliation committee made up of members from the National Assembly, the executive branch, distinguished Nigerians, and other relevant stakeholders to promote enduring peace and stability in Rivers.

Meanwhile, in the House of Representatives, lawmakers amended President Tinubu’s proclamation, asserting that the Rivers State Sole Administrator, Vice Admiral Ibok Ibas, should report to the National Assembly rather than the Federal Executive Council (FEC).

Reps Suggest Review Of Suspension, State Of Emergency In Amendments

Naijaonpoint reports that the House of Representatives yesterday, approved three amendments via a voice vote, with 243 members present.

One of the amendments proposed the establishment of a national committee, consisting of representatives from the Presidency, National Assembly, and other distinguished Nigerians, aimed at addressing and restoring peace in Rivers State.

The third amendment stipulated that the President has the authority to reassess the duration of the emergency, potentially reducing it to less than six months.

While a limited number of members were permitted to comment on the President’s request, several others raised concerns regarding constitutional provisions.

Senate Calls For Reconciliation Of Warring Groups In Rivers

At the senate, a call was made suggesting that eminent Nigerians should reconcile the warring parties in Rivers within the period of the state of emergency as declared by President Tinubu.

Naijaonpoint reports that this announcement follows a closed-door session that lasted approximately one and a half hours.

After the meeting, Senate President Akpabio addressed the resolutions made by the senators, stating that the Senate is exercising the authority granted to it under Section 305, Subsection 2 of the 1999 Constitution of the Federal Republic of Nigeria (as amended). He confirmed the Senate’s approval of the state of emergency declared by the President in Rivers State.

Additionally, the Senate stipulates that the declaration of the state of emergency, as outlined in the proclamation documents, allows the President the authority to review and potentially terminate the state of emergency at any time, provided it does not exceed a duration of six months.

“The Senate further resolved that Section 11, Subsection 4 be invoked, providing the National Assembly the authority to set up a joint ad hoc committee of both chambers to oversee the administration of Rivers State, henceforth.

“The Senate further resolved that a committee of eminent Nigerians be set up to reconcile the warring groups in the government of River State within the period of the state of emergency.

“The Senate further resolved that a committee of eminent Nigerians to reconcile the warring factions in Rivers State be set up to carry out their action during the period of state of emergency.

“For final ratification, I put it to the Senate that those in favour of the proclamation of the state of emergency 2025 in Rivers State, should say aye “, which was affirmatively responded to by all the senators in the chamber,” the Senate President noted.

An elated Akpabio, who was impressed with the affirmative response to the question by senators, said, “This approval is done with unanimity, without a single nay.”

“Therefore, pursuant to Section 60 of the constitution, Section 305 (2) and pursuant to our rules, Rule 1 (b) of the standing orders of the Senate and also pursuant to Rules 133, 134, 135 and 136 of the Senate of the Federal Republic of Nigeria, the state of emergency proclamation in Rivers State was approved and other vital resolutions taken,” Akpabio added.

To provide the necessary legislative support for the entire process, the Senate subsequently adjourned for one hour.

It reconvened later to approve the votes and proceedings of the session before ultimately adjourning until Tuesday, March 25, 2025.

How Lawmakers Angrilly Walked Out Of Chamber

Naijaonpoint learnt that there was a significant division among senators regarding the matter at hand during the private session.

According to Vanguard, a quorum was not established, leading the senators present to conduct a voice vote instead of a formal ballot.

In response to the situation, Senators Seriake Dickson (Peoples Democratic Party – PDP, Bayelsa West), Enyinnaya Abaribe (APGA, Abia South), Aminu Tambuwal (PDP, Sokoto South), among others, exited the chamber in frustration.

It was also noted that 64 senators recorded their attendance, although presiding officers do not sign the register, as they typically enter the chamber alongside the principal officers.

Earlier, Akpabio had briefed his colleagues about President Tinubu’s letter concerning the declaration of emergency rule in Rivers State, which was subsequently read during the plenary session.

Following the reading, Akpabio stated, “This letter is referred to the committee of the entire Senate for prompt passage.”

Senate Leader Senator Opeyemi Bamidele (All Progressives Congress – APC, Ekiti Central) then invoked Order 1(b) of the Senate Standing Orders to suspend all other agenda items in order to focus solely on the Proclamation letter.

His motion was supported by Minority Leader Senator Abba Moro (PDP, Benue South), prompting the Senate to enter a closed session immediately.

Mild Drama Between Akpabio And Dickson Over Point of Order

Naijaonpoint understands that a brief confrontation occurred between Senate President Akpabio and Senator Seriake Dickson before the private session commenced on Thursday.

This incident arose when Dickson raised a point of order following Akpabio’s reading of President Tinubu’s letter.

As Dickson brought up his point of order, Akpabio instructed him to sit down, asserting that he was already aware of Dickson’s stance on the state of emergency, having seen his comments on television the previous Wednesday, where he indicated that his views would not coincide with those of the Senate.

The two senators had a significant disagreement regarding the procedure for addressing President Tinubu’s declaration of a state of emergency in Rivers State.

The conflict began when Senate Leader Opeyemi Bamidele proposed a motion to amend the order of proceedings, suggesting that the Senate prioritize the discussion on the state of emergency before addressing other agenda items.

As Bamidele stood to present the motion, Dickson interjected with a point of order, emphasizing what he considered a procedural necessity for the Senate to first hold a closed-door session before discussing such a sensitive issue.

Although Akpabio initially seemed hesitant to recognize Dickson’s point of order, he eventually permitted Dickson to proceed as tensions escalated.

Dickson referenced Order 133 of the Senate Standing Rules, which mandates that discussions regarding a state of emergency be conducted in a closed session.

Upon hearing this, Akpabio upheld Dickson’s point of order, which was subsequently supported by the Senate, leading to the adoption of all resolutions concerning the state of emergency.

The motion to approve the votes and proceedings from Wednesday was put forth by Senator Barinada Mpigi of the PDP, representing Rivers South-East, and was seconded by Senator Idiat Adebule of the APC, representing Lagos West.

You Added Salt To The Injury – Peter Obi Slams NASS For Approving Emergency Rule Using Voice Vote

Criticizing the National Assembly, Peter Obi stated that employing a voice vote on such significant matters is an affront to Nigerians and a violation of the 1999 constitution.

In a series of tweets on his 𝕏 account yesterday, Obi, along with several opposition leaders, fervently urged National Assembly members to oppose the unlawful removal of Rivers State Governor Siminalayi Fubara and the State Assembly.

He further asserted that the NASS exacerbated the situation by utilizing a voice vote to determine the outcome of President Tinubu’s declaration.

Obi wrote: “While still agonizing over the ongoing deterioration of democracy in our nation, especially with the situation in Rivers State, and trying to reach out to our National Assembly members not to support and sustain the unconstitutionality and arbitrariness, I just heard that they have added salt to injury by using a voice vote.

“The constitution is clear that this cannot be done through a voice vote but by calling individuals to answer ‘yes’ or ‘no.’ You cannot determine a two-thirds majority by a voice vote.

“While a two-thirds majority is crucial, it does not justify bypassing proper procedures and undermining the principles of transparency and accountability. The use of a voice vote in such a significant decision not only disregards constitutional requirements but also erodes public trust in the democratic process.

“Decisions of such magnitude must be made with integrity, following the letter and spirit of the law. It’s disheartening that a decision as crucial as approving an emergency proclamation — one that could alter the course of the nation — was handled with such casual disregard for constitutional standards.

“The 1999 Constitution of Nigeria (as amended) clearly requires that such a proclamation must be approved by at least two-thirds of all members of each arm of the legislature — the Senate and the House of Representatives.

‘’A simple call of “Aye” or “Nay” cannot accurately measure this crucial threshold. When a supermajority is required, it demands a recorded vote — whether by division, roll call, or electronic means.

‘’This isn’t just a technicality; it’s a matter of law and legitimacy. The Senate Standing Orders and House Rules were established to ensure that decisions of this magnitude are made transparently, with accountability. Ignoring these procedures is not just an oversight; it is a betrayal of the democratic process.”

Some lawyers also faulted the process of approving the state of emergency proclamation through voice vote, arguing that the process was not sufficient and couldn’t guarantee fairness and transparency.

Arguments From Legal Experts

Reacting to the decision of the NASS, a Senior Advocate of Nigeria (SAN), Prof. Sam Erugo, said a voice vote was not enough to pass the resolution approving President Tinubu’s declaration on the lingering crisis in Rivers State.

“It is apparent that the Senate and House of Representatives did not appreciate the gravity of the President‘s proclamation, which was referred to them for approval.

‘’By Section 305(2) of the Constitution, they were required to ‘consider the situation and decide whether or not to pass a resolution approving the Proclamation.’

“Going by subsection (6), if there was no resolution supported by two-thirds of all the members of each House of the National Assembly approving the Proclamation, it would have lapsed after two days.

“This provision shows the seriousness of the matter the National Assembly treated just like any other business.

“That is the reason the two-thirds majority of each House is required. A voice vote is insufficient to pass the resolution approving the President’s proclamation, which, as it were, required a special resolution and, obviously, the voice vote is unconstitutional.

“There is no way to determine that two-thirds majority ‘of all the members’ voted in favour of the proclamation, as required by the Constitution.

“One wonders why the hurry. In other jurisdictions, we should have seen robust debates in both Houses, considering the situation in Rivers State, to determine whether it required the extreme measure of declaration of state of emergency, and to the extent of removing an elected governor.

“It is unfortunate that Nigerians were deprived the opportunity to have vital information beyond the President’s partisan remarks that would appear to have decided against the governor,” Erugo argued in an interaction with journalists.

On his part, another legal practitioner, Kunle Edun, SAN, said: “The Rules of the House will guide the legislators how the voting would be done. However, members can insist on a transparent process and considering the national importance of this issue, they should request for physical or electronic voting and counting of the votes.

“Voice voting does not guarantee fairness and transparency as shown in previous sessions presided over by the Senate President particularly.

“To show to the whole world the fairness of the entire process, voting must be done either electronically or physically and how each senator voted must be published for Nigerians to see.”

Prevention Is Better Than Cure – Uzodinma Back Tinubu On State Of Emergency

Meanwhile, the Chairman of the Progressive Governors’ Forum and Governor of Imo State, Hope Uzodimma, has expressed his support for President Bola Tinubu’s decision to impose a state of emergency in Rivers State.

He characterized this action as a necessary and proactive measure to avert a potential crisis that could threaten both the stability of the state and the broader Nigerian economy.

In a statement to journalists in Owerri, Governor Uzodimma highlighted the critical role of Rivers State in the nation’s economic framework, particularly regarding crude oil production.

He pointed out that the current political unrest and the unwillingness of key stakeholders to accept advisory measures have escalated into a matter of national security.

The governor cited recent incidents of pipeline bombings and explosions in the state, underscoring that, at a time when Nigeria is working to enhance crude oil production to fortify its currency and economy, such disturbances are unacceptable.

“The President was very proactive, and his actions are highly commendable. Prevention, they say, is better than cure. Imagine what would have happened if the impeachment went ahead—it would have triggered actions and reactions, leading to violence and widespread unrest,” Uzodimma stated.

The Imo State Governor also commended the National Assembly for supporting President Tinubu’s decision, describing it as a step taken in the national interest.

He expressed confidence in the Federal Executive Council’s ability to oversee the situation effectively and ensure that law and order prevail.

While acknowledging that the Progressive Governors’ Forum had not yet convened since the declaration, Uzodimma assured that, as chairman, he could confidently affirm that the forum stands firmly behind the President.

“To the best of my knowledge, none of our members will go against the actions of the President. We support any decision that protects the security and stability of the country,” Uzodinma stated.