The Senate approved President Bola Tinubu’s proclamation of a State of Emergency in Rivers State via a voice-vote and initiated a roiling debate across the country and on social media platforms; but whispers in the National Assembly say it is a ‘done deal,’ where no one can be held responsible.
This is in apparent reference to the inexplicable silence of opposition members in both Houses of the National Assembly not rising to call for a proper division (or counting) to see if the constitutional two-third requirement was met.
“So what was the ‘done deal’ or went down yesterday (Wednesday) at the different meetings held with and by lawmakers?” Assembly watchers asked on the corridors and lobby of the Assembly.
The anger of many commentators was captured aptly by the former Presidential Candidate of the Labour Party (LP) in his argument. On his X handle, he 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 House — 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.
“A voice vote for such a critical matter is not just insufficient; it’s a dangerous precedent. If we can bend the rules so easily, what stops us from undermining other pillars of democracy? Today, it’s a voice vote on a state of emergency — tomorrow, it could be a voice vote on citizens’ fundamental rights.
“It is painful to think that members of the National Assembly, who swore to uphold the Constitution, could participate in a process that sidesteps the very essence of due process. We must ask ourselves: If the law no longer anchors our decisions, then what does?
“This is not just a flawed procedure; it is a warning signal. We cannot afford to gamble with the soul of our democracy.”
The Senate approval was through voice vote, media reports said, was to avoid the Herculean task of securing 2/3 of members, which is 73 senators.
Earlier: the Senate moved into a closed- door session to consider President Bola Tinubu’s proclamation of state of emergency in Rivers State.
When the Senate plenary commenced on Thursday, the Senate President Godswill Akpabio read the official communication from President Tinubu to formally inform the Senate of his decision.
In the letter on the 2025 State of Emergency in Rivers State, Tinubu said
“In compliance with the provisions of Section 305(2) of the Constitution of the Federal Republic of Nigeria 1999 (as amended), I hereby forward, for the consideration of the Senate, copies of the official gazettes of the 2025 State of Emergency Proclamation.
“The main features of the proclamation are as follows: A declaration of a state of emergency in one state of the federation, namely, Rivers State.
“The suspension from office of the Governor, Deputy Governor, and all members of the State House of Assembly.
The appointment of a retired Vice Admiral as Administrator to oversee the state, subject to any instructions or regulations issued by me.
“While I look forward to the Senate’s expeditious consideration of this matter, please accept, Mr. Senate President, the assurances of my highest consideration.
Yours sincerely, Bola Ahmed Tinubu, President, Commander-in-Chief of the Armed Forces of the Federal Republic of Nigeria”.
Akpabio quickly committed the letter to the “Committee of the Whole Senate for immediate consideration”.
Immediately after this, the Senate Leader, Opeyemi Bamidele moved a motion to reorder the items on the Order Paper of the day to consider the state of emergency proclamation first.
He said “Mr. President, in accordance with Order 1(b) of our rules, I move that we reorder the agenda on the Order Paper to enable us to take the first order of the day, which is my motion pursuant to the proclamation of a state of emergency in Rivers State. Mr. President has just read the correspondence from the President regarding this proclamation. I so move.”
The Senate Minority Leader, Abba Moro in seconding the motion said, “Mr. President, distinguished colleagues, I second the motion moved by the Senate Leader that the Senate reorders its Order Paper for today to take the first order of the day. I so second”.
The Senate President said “Distinguished colleagues, the motion has been moved and seconded that we reorder the items on our Order Paper. Those in support, say ‘Aye.’ Those against, say ‘Nay.’ The Ayes have it”.
Senator Henry Seriake Dickson (Bayelsa West) who rose on a point of order drew attention to the specific provisions of Senate rules, saying “as senators, we are guided by two key documents: the Constitution of the Federal Republic of Nigeria and the Senate Standing Orders.
“Specifically, Order 135 of our rules outlines the procedure for handling a state of emergency proclamation. It states that when the President issues such a proclamation, he shall, in a closed session, brief the Senate on the circumstances leading to the decision.
“In light of this, Mr. President, I respectfully request that we adhere to Order 135 and move into a closed session for this briefing.”
Senate President noted his point of order and duly upheld it and therefore said “Senate will now proceed to a closed session as required by Order 135”.
● Additional report by NAN.
