The House of Representatives has approved President Bola Tinubu’s request to declare a state of emergency in Rivers State despite not meeting the constitutional requirement.
The lower chamber granted approval during Thursday’s plenary session, making some minor amendments.
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During the session, presided over by Speaker Abbas Tajudeen, the House resolved that the National Assembly would serve as the legislative arm for the state while the state of emergency lasts.
It said rather than approaching the Federal Executive Council, the sole administrator of Rivers State should make recourse to the National Assembly in accordance with Section (11) of the Constitution for approval of regulations he may have to formulate and actions to be taken to deliver on his assignment.
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The lawmakers also resolved that a National Peace and Reconciliation Committee be constituted with members drawn from the Federal Executive Council, the National Assembly and other eminent Nigerians to foster sustainable peace and harmony amongst the warring factions in Rivers State.
The House further resolved that President Tinubu should consider lifting the suspension of the governor and the Assembly members any moment that peace is deemed to have been satisfactorily achieved between the warring factions in Rivers before the expiration of the blanket period of six months.
The plenary was attended by 243 out of the 360 members of the House.
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PREMIUM TIMES reported that President Tinubu declared a state of emergency in the state, a controversial decision that has raised concerns among many Nigerians.
The president also suspended the governor, Siminilayi Fubara, his deputy, Ngozi Odu, and the state’s lawmakers for six months. He also appointed Ibok-Ete Ibas, a retired vice admiral, and a former chief of naval staff, as the administrator of the oil-rich state for six months.
Mr Tinubu gave different reasons for his action including the political impasse in the state, the implications of a recent Supreme Court judgement and the wilful destruction of oil pipelines by militants allegedly sympathetic to Mr Fubara in his feud with his predecessor, Nyesom Wike.
However, many have asked the president to rescind the decision, stating that it is undemocratic.
Constitution requirements
At the start of the deliberations, several lawmakers raised constitutional points of order.
Obi Aguocha, a member from Abia State, raised a point of order, stating that the constitutional procedures must be followed as stipulated in Section 305 and that a headcount should be taken.
He said section 305 of the constitution mandates that the president’s request must be approved by a two-thirds majority of House members.
But some lawmakers interrupted him, shouting, “Sit down!”.
Section 305(6) stipulates that: “Proclamation issued by the President under this section shall cease to have effect (b) if it affects the Federation or any part thereof and within two days when the National Assembly is in session, or within ten days when the National Assembly is not in session, after its publication, there is no resolution supported by two-thirds majority of all the members of each House of the National Assembly approving the proclamation”
A two-thirds majority in the House is 240 members.
However, Fred Agbedi, a PDP member from Bayelsa State, supported Mr Aguocha’s argument, emphasising that, in the interest of transparency, the quorum should be announced to assure Nigerians of their commitment to openness.
But former Deputy Speaker Idris Wase (APC, Plateau) urged his colleagues to allow debate on the issue before raising concerns about the constitutional threshold.
Mr Wase stated that most of the issues had been resolved during a closed-door session, adding that there was a strong economic reason to approve the president’s request.
The speaker noted that they would rely on the attendance register outside.
While coordinating the debate, Mr Tajudeen, relying on a list, allowed some members to speak on the request. Interestingly, none of the lawmakers granted permission to speak opposed the request. Instead, each of them proposed amendments, all of which were approved.
Taking over the functions of the Rivers State Assembly
Etanabene Benedict from Delta State, citing Section 11 of the 1999 Constitution, argued that the National Assembly should take over the functions of the Rivers State Assembly during the state of emergency, adding that the administrator should report to the House.
Section 11(4) of the Constitution states:
“At any time when any House of Assembly of a State is unable to perform its functions by reason of the situation prevailing in that State, the National Assembly may make such laws for the peace, order and good government of that State with respect to matters on which a House of Assembly may make laws as may appear to the National Assembly to be necessary or expedient until such time as the House of Assembly is able to resume its functions; and any such laws enacted by the National Assembly pursuant to this section shall have effect as if they were laws enacted by the House of Assembly of the State.”
Mr Benedict’s amendment was unanimously adopted by the House.
National Committee to intervene
In his contribution, the Deputy Spokesperson of the House, Philip Agbese, moved an amendment for the creation of a national committee comprising representatives of the executive, the legislature, and respected elders to intervene.
He argued that the committee should mediate to resolve the political crisis in the state.
When the amended request was put to a vote by the presiding officer, the lawmaker unanimously voted in support.
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