• You have killed representative democracy, says Okurounmu
• Either coerced or induced, NASS failed Nigerians – PDP
• Constituents drag LP Rep for spurning Obi’s plea
It was all condemnation and expression of discontent by Nigerians yesterday as the two chambers of the National Assembly summarily endorsed President Bola Tinubu’s declaration of a State of Emergency in Rivers State.
The two chambers in a unanimous voice vote okayed President Tinubu’s decision, the appointment and swearing in of Vice Admiral Ibok-Ete Ibas (rtd), as Rivers’ Sole Administrator.
In demonstrating a rare show of parliamentary unanimity, members across political party divides in the two chambers spurned calls by concerned Nigerians and leadership of opposition political parties on the lawmakers to stonewall the President’s letter, seeking legislative approval.
Both chambers failed to take roll and adopted voice votes to approve the President’s proclamation, with the Senate adding a slight variation “that Section 11 of Section 4 of the constitution be invoked to provide the National Assembly the authority to set up a joint ad hoc Committee of both chambers to oversight the administration of River State henceforth.”
In the Green Chamber, the Representatives ignored the point of order raised by Obi Agwuncha calling for a headcount of members present but amended the motion by inserting that the National Assembly rather than the Federal Executive Council, FEC, should assume legislative powers over Rivers State during the emergency.
Also, while the President proposed a six-month emergency rule, Minority Whip, Ali Isah suggested that the emergency should be reviewed continuously rather than a straight six months.
But no sooner had the federal lawmakers carried out the business of the day as a family affair that accusations began to fly that the lawmakers merely observed “table manners” by not speaking the minds of their constituents on the contentious issue.
Recall that prior to the expected deliberation of the presidential proclamation of a state of emergency in Rivers State, the LP Presidential candidate in the 2023 election, Mr Peter Obi, had pleaded with lawmakers from the party to reject the action of President Tinubu.
Also, a former Aviation Minister, Osita Chidoka, contended that the Federal Government should continue mediating between the political actors in Rivers instead of using emergency powers. He stressed that security agencies should be strengthened to maintain law and order, rather than replacing elected officials.
Pointing the way forward in the Rivers State imbroglio, Chidoka noted that the Nigerian Governors’ Forum (NGF) should be involved in a broader political solution, even as he reminded the National Assembly that it has a constitutional duty to review and approve any emergency declaration.
But, casting away such counsels and persuasions, the Senate President, Godswill Akpabio, and Speaker, Tajudeen Abbas, announced that they have approved the state of emergency.
After a closed-door session that lasted for over an hour, the Senate unanimously adopted the motion, including a resolution “that Section 11 of Section 4 of the constitution be invoked to provide the National Assembly the authority to set up a joint ad hoc Committee of both chambers to oversight the administration of River State henceforth”.
Section 305(6)(b) stipulates that a proclamation issued by the President under this section shall cease to have effect “if it affects the Federation or any part thereof and within two days when the National Assembly is in session, or within 10 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.”
Without considering the implications of President Tinubu’s conclusive actions or recourse to the parliament as provided in the Constitution, the senate said the emergency rule should not go beyond six months.
The Senate further resolved that a committee of eminent Nigerians be set up to reconcile the warring groups within the government of River State within the period of the state of emergency in River State.
Akpabio, while noting that relevant sections of the constitution, Senate standing rules have been complied with, said: “The Senate hereby approves the proclamation of the State of Emergency declared by Mr. President in River State of Nigeria as amended, pursuant to Section 60 of the Constitution, Section 305 and pursuant to our Rules of the Standing Orders of the Senate and also pursuant to Section Rules 134, 135 and 136 of the Senate of the Federal Republic of Nigeria.”
Similarly, in its swift one-hour session, the House of Representatives showed from what transpired on the floor that lawmakers across party lines were on the same page regarding the need for intervention in Rivers State.
Lawmakers, who initially raised constitutional roadblocks to flag down the decision to approve the emergency rule, fell in line.
President Tinubu, in a nationwide broadcast on Tuesday, suspended Governor Siminalayi Fubara, his deputy, Prof. Ngozi Nma Odu, and members of the Rivers State House of Assembly for six months.
Speaker Abbas, who presided over the plenary, invited members to make their contribution during the consideration of the general principles of the President’s declaration. However, prior to the deliberation of the president’s request, a lawmaker representing Ikwuano/Umuahia North/Umuahia South Federal Constituency of Abia State, Obi Agwuncha suggested a headcount of members present but his point of order was ignored.
During deliberations, Deputy House Spokesman, Philip Agbese, recommended that a National Peace Committee be set up to mediate between the warring parties.
His suggestion for amendment that “A National Peace Committee should be in place to ensure that the problems are resolved within six months,” was accepted.
Labour Party lawmaker, Etanabene Benedict, representing Okpe/Sapele/Uvwie Federal Constituency, Delta State pointed out that Section 305 of the Constitution that provides for a state of emergency must not be applied in isolation.
Benedict argued that Section 11(4) of the Constitution should be considered, as it mandates the National Assembly to make laws for a state when its legislature is suspended, not the Federal Executive Council (FEC) as Tinubu had proposed.
“However, Mr Speaker I have a few amendments. Section 305 can’t be read in isolation without Section 11 that the National Assembly shall make law on behalf of the states in case of a state of emergency where the State House of Assembly is also suspended.
“I listened to Mr president where the Present said Rules and Regulations made by the sole administrator will have to be approved by the Federal Executive Council and all that. But I pray Section 11 should be included in the amendment. Section 11 subsection four should be taken into effect,” Benedict said.
Section 11(4) of the 1999 Constitution stipulates: “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: Provided that nothing in this section shall be construed as conferring on the National Assembly power to remove the Governor or the Deputy Governor of the State from office.”
Following his argument, the House amended the motion to ensure that the National Assembly, not FEC, would assume legislative powers during the emergency.
Also, while the President proposed a six-month emergency rule, Minority Whip, Ali Isah suggested that the emergency should be reviewed continuously rather than being set for six months.
“I believe the matter can be resolved in the shortest period. Maybe next week. The President has shown commitment, so the President should be given the opportunity to retain the position of declaration for an emergency with a review at any given time. They should allow the President to terminate or review the state of emergency. The President doesn’t need to wait until six months,” he said.
His argument was also adopted, which will now allow for a periodic review of the emergency rule instead of a fixed six-month duration.
Fubara sets record straight on oil asset attacks
IN a statement by the Chief Press Secretary, Nelson Chukwudi, on behalf of Fubara, yesterday, the governor said it is not true that he did nothing to dissuade criminal groups and militants from making good their threats to attack oil installations.
He also said that it’s false that he abandoned the Rivers State House of Assembly complex after it was demolished saying that the new complex was under 80% completion.
The statement reads, “There was also another claim that after demolishing the Hallowed Chambers of the State House of Assembly on Moscow Road in Port Harcourt, the Governor did nothing to rebuild the facility.
“Ordinarily, we would have ignored the statements as mere results of lack of adequate information to the Presidency by those tasked with the responsibility of providing same to guide decision-making, but it has become imperative to set the records straight and correct the erroneous impression such narratives are creating in the minds of the Nigerian people.
“First, it is important to clarify that Governor Fubara has nothing to do with the threats by militants and also did not in any way “telegraph” the reported attacks on any oil facility in the State.”
The suspended governor attributed some developments in the state to a controversial comment Nyesom Wike, FCT Minister, made about the Ijaws, saying he refused to tender an apology when the people asked him to do so.
He also listed other instances when Wike’s supporters allegedly stoked tension, adding that his loyalists maintained calm.
Disapproval trail NASS endorsement
Meanwhile, stakeholders have chided the federal lawmakers over their position and handling of the challenging governance matter.
The National Publicity Secretary of the Peoples Democratic Party (PDP), Debo Ologunagba, expressed dismay at the legislative endorsement of the declaration of a State of Emergency in Rivers State.
He warned that the position of the Federal lawmakers may perhaps embolden President Bola Tinubu to also make similar decisions in some states where the opposition is in power.
Ologunagba strongly opposed the voice votes adopted by the legislators to endorse the declaration of State of Emergency, saying, “It would have been better to allow Nigerians to know where each of the lawmakers stood on the matter.”
While regretting that the lawmakers, who are supposed to be in a better position to interpret the constitution, appeared to have looked elsewhere, the PDP spokesman said President Tinubu, could have as well sent troops to maintain peace in the Rivers State instead of declaring the State of Emergency and also gone ahead to suspend an elected governor.
Also reacting, the Presidential Candidate of the Labour Party in the 2023 election, Peter Obi, berated the lawmakers for using voice vote on such crucial national matters as a breach of the constitution.
Writing on his X handle, Obi noted: “While still agonising 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.
“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.
“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.
“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.”
A former representative of Ogun Central (1999-2003) in the Senate, Femi Okurounmu, said in accordance with legislative procedures and the constitution, the lawmakers cannot use voice votes to determine such an important matter.
He said the voice vote defeated the purpose of representative democracy because constituencies of the lawmakers needed to know how they voted in the matter.
He stated: “While I do not have evidence to back the insinuation that the lawmakers were either induced or coerced to use voice votes, it is not impossible, because voice votes have also been adopted to determine important matters like this in the past. But that doesn’t make it right.”
