ActionAid Nigeria Decries National Assembly’s Questionable Approval of Rivers State Emergency, Warns Against Dangerous Precedent

ActionAid Nigeria Decries National Assembly’s Questionable Approval of Rivers State Emergency, Warns Against Dangerous Precedent

By: Michael Mike

ActionAid Nigeria (AAN) has expressed deep concern over the alarming disregard for constitutional processes in approving the state of emergency in Rivers State.

It said in a statement on Friday that the decision by the two chambers, the Senate and House of Representatives, to endorse President Bola Tinubu’s proclamation without a transparent and verifiable two-thirds majority vote raises serious questions about the integrity of Nigeria’s democratic institutions and the respect for the rule of law.

The statement read: “While the 1999 Constitution grants the President the authority to declare a state of emergency, it explicitly requires approval by a two-thirds majority of both legislative chambers. Relying on a voice vote instead of an official count makes verifying compliance with this constitutional requirement impossible, which amounts to a blatant disregard for due process and a serious breach of Nigeria’s democratic principles. However, while permissible for routine legislative matters, a voice vote is wholly inappropriate for decisions requiring a strict supermajority. The deliberate choice by the Senate and the House of Representatives to bypass a transparent vote count smacks of executive overreach and legislative complicity.

“This reckless act not only erodes public confidence in Nigeria’s democracy but also sets a dangerous precedent that public officeholders could exploit in the future and will potentially threaten the very fabric of our constitutional order. If this decision is allowed to stand, what stops a future legislature from using a voice vote to remove a sitting president or to circumvent other constitutional safeguards?

“As the final custodian of justice, the judiciary must assert its independence and call both the executive and legislative arms of government to order. Failing to do so would signal an endorsement of lawlessness and further embolden those who seek to undermine Nigeria’s constitutional democracy.”

ActionAid Nigeria’s Country Director, Andrew Mamedu noted that: “AAN’s position is premised on the fundamental need to uphold democratic principles and ensure that governance is conducted within the confines of the law. The rule of law is the bedrock of any democracy, and its continuous erosion will have dire consequences for Nigeria’s future. We therefore demand that the National Assembly provides verifiable evidence that they met the two-thirds majority required for the approval. Beyond this, those directly affected, such as state officials, political stakeholders, and governance watchdogs, must take immediate steps to seek redress in court and the judiciary must also act decisively to prevent this blatant subversion of constitutional order. Now is the time for civil society, legal experts, and concerned Nigerians to raise their voices against this dangerous precedent. Democracy cannot survive when laws are ignored at the convenience of those in power. Nigerians deserves a government that operates within the bounds of the Constitution, not one that manipulates it at will.”