Aminu Waziri-Tambuwal, the Senator representing Sokoto South, , has insisted that the Senate didn’t get the required two-third majority votes before approving President Bola Tinubu’s request to declare a state of emergency in Rivers State.
Speaking with the the Sun Newspaper, Mr Tambuwal, who is also a former Speaker of the House of Representatives, said the action fell short of the provision of the constitution.
Mr Tambuwal said: “I will be speaking to you from the point of view of being a lawyer, a member of the Body of Benchers and a life Bencher for that matter and not necessarily as a lawmaker who is a member of the 10th Senate.
“And, in addition to that, possibly my experience as a former presiding officer, former Speaker of the House of Representatives who presided over a matter such as this in 2013.
“Section 305 of the Constitution is very clear. It is unambiguous, the language is very plain, of the Constitution as to first, how the president can declare a state of emergency and what is required of the legislature, the two chambers – both the Senate and the House of Representatives – before passing such a resolution.
“What is required is that you must obtain and have two-thirds of all the members of either of the two chambers in support of the resolution.
“In the case of what happened in the Senate, where I belong, I don’t know whether members of your team, who are members of the press corps, had the privilege of checking the (Senate) register to see whether there were up to 72, 73 senators on the floor. From what I saw, there was no such number on the floor on that day.
“So, if you juxtapose that to the requirement of the Constitution which says that the Senate must have two-thirds of its members, all of its members, to pass that resolution in support of it, not just present and voting. No! Supporting it. It means that what was done fell short of the provision of the Constitution.”
The former governor of Sokoto State further added that the parliament was supposed to be guided by the Constitution, its rules and its precedents.
He also recalled how the National Assembly had to garner a quorum before a state of emergency was declared in Plateau, Borno, Adamawa and Yobe states under former Presidents Obasanjo and Jonathan.
“State of emergency was declared under President [Olusegun] Obasanjo…two thirds had to be garnered, in the Senate and the House of Representatives.
“State of emergency was declared during the administration of President Goodluck Ebele Jonathan in 2013, in Borno State. Also in Adamawa and Yobe. We had to garner two thirds.
“So, what stops the current National Assembly from making reference to its own precedents that are domiciled within its own library, within its own records? I can’t understand that. So, it’s part of the problem,” he added.
