Tinubu, Warrior That Doesn’t Go To Any War He Can’t Win

President Bola Tinubu’s recent announcement to declare a state of emergency in Rivers State had faced considerable difficulty in getting the required approval from the National Assembly.

The issue is primarily attributable to the need for a two-thirds majority vote in both chambers of the legislature, as required by Section 305(6)(b) of the Constitution of the Federal Republic of Nigeria 1999.

Primary Obstacles:
Constitutional Requirements:

In order for the emergency declaration to be backed, President Tinubu will need at least 73 votes in the Senate (out of 109) and 240 votes in the House of Representatives (out of 360). Without those majority votes in either chamber, the declaration will be essentially meaningless.

Quorum Issues:

On March 19, 2025, the House of Representatives was incapable of achieving a quorum to discuss the emergency rule because many lawmakers, including Speaker Tajudeen Abass, were absent. As a result, the House was not able to consider the proclamation.

Legal Issues:

There is a continuing conversation about the legality of suspending an elected governor and appointing an administrator, as neither act is expressly described in the 1999 Constitution. There is a degree of uncertainty among lawmakers as to whether they will embrace the emergency governance.

Time Limitations:

The National Assembly must act on the emergency declaration within two days if in session and ten days if not, according to the Constitution. This introduces further urgency to approve the emergency procedure process, as the National Assembly is in session.

Should President Tinubu not receive the requisite authorization by the constitutional time frame, the emergency proclamation will expire and the suspended officials would likely return to work. This highlights the issues surrounding executive decisions, legislative processes, and constitutional limits.