House of Reps approves Rivers emergency without two-third majority

The House of Representatives has approved President Bola Tinubu’s request to impose a state of emergency in Rivers State, despite failing to clearly meet the constitutional requirement of a two-thirds majority vote.

The approval was given on Thursday during a plenary session presided over by Speaker Abbas Tajudeen.

The House opted for a voice vote, making it difficult to determine the number of those who actually voted. For a 360-member House, at least 240 should have given approval. The speaker claimed 240 members were in attendance but that could not be independently verified.

A request by Obi Aguocha (Labour Party, Ikwuano/Umuahia North/South) for a head count to confirm the figure, was ignored.

The emergency proclamation on Tuesday came after weeks of political tensions in Rivers State, where a power struggle between Governor Siminalayi Fubara and lawmakers loyal to his predecessor, Nyesom Wike, has led to threats to oil infrastructure.

The crisis escalated following an explosion on the Trans-Niger Pipeline, one of Nigeria’s key crude oil transport lines, raising fears of further instability in the oil-rich state.

Tinubu declared an emergency in Rivers, removing Gov. Fubara and his deputy, as well as the state House of Assembly, while appointing a former chief of navy Ibok-ete Ibas to administer the state.

The proclamation has been met with widespread outrage as Nigerians criticized the legality of removing an elected governor or whether the situation in River had even reached the benchmark for an emergency rule.

In approving the emergency request, lawmakers slightly modified the president’s proposal, allowing the National Assembly to take over legislative functions in Rivers State during the period of emergency. The House also agreed that the measures should be lifted if the crisis is resolved within six months.

However, despite constitutional concerns raised by some members, the resolution was passed without securing the two-thirds majority mandated by Section 305(2) of the Nigerian Constitution. Instead of a recorded vote count, Speaker Tajudeen opted for a voice vote, a move that has drawn backlash from legal experts and opposition lawmakers.

Pluboard learnt loyalists of the president had found it difficult to secure the required numbers for a passage, hence resorting to voice vote.

“2/3 of the members of the Senate and the House of Representatives cannot be determined by Voice Vote,” lawyer Inibehe Effiong said. “Each lawmaker should vote personally and be counted. Any attempt to rig the vote will show that truly, criminals are in charge of Nigeria.”

The Senate is also expected to vote on the emergency declaration later today. If passed in both chambers, the suspension of Governor Fubara and the state legislature will remain in effect, with former Chief of Naval Staff, Vice Admiral Ibas Ibok-Ete, serving as interim administrator.