El-Rufai Condemns Tinubu’s Declaration of State of Emergency In Rivers State
Former Kaduna State Governor, Nasir El-Rufai has kicked against the state of emergency in Rivers State.
According to him, such a move could set a dangerous precedent and violate constitutional provisions.
El-Rufai stated this on Monday while speaking at the Law Week of the Nigerian Bar Association (NBA), Bwari Branch in Abuja.
He cited the decisions of the Uwais-led Supreme Court (2006–2007), which limited presidential powers during states of emergency, particularly in reversing the impeachments of former governors Joshua Dariye of Plateau State and Peter Obi of Anambra State.
“The Uwais-led Supreme Court between 2006 and 2007 discharged this responsibility by reversing the impeachment of Governors Joshua Dariye and Peter Obi and severely restricting the powers of the President when a ‘state of emergency’ is lawfully declared in any state of the Federation,” he said.
The former governor also questioned the legitimacy of the voice vote method used by the National Assembly to approve the emergency rule, arguing that the constitution explicitly requires a two-thirds majority vote of all members of each legislative chamber.
“All eyes are now on the Kekere-Ekun court on the action of the current president to remove elected executives and legislators due to the declaration of a state of emergency. Many informed Nigerians are also curious to know whether two-thirds of all the members of the National Assembly can be decided without a division and physical count – but through voice votes as the Akpabio and Abbas-led chambers did with such arrogant disregard for common sense.”
Recall that the two chambers of the Nigerian National Assembly used voice votes to approve President Bola Tinubu’s State of Emergency in Rivers State despite a constitutional provision that mandates a two-thirds majority vote by each chamber for such approval.
Section 305 (6b) of the Nigerian constitution mandates that a state of emergency in any part of Nigeria proclaimed by the president must be supported by a “two-thirds majority of all the members of each House of the National Assembly.”
However, instead of conducting an official roll-call vote in which each lawmaker’s stance is recorded, both chambers of the National Assembly adopted a voice vote, a method where lawmakers simply shout “aye” or “nay,” and the presiding officer subjectively determines which side has the majority
Mr El-Rufai urged the leadership of the NBA to look inward and desist from mediocrity and malpractice.
“Permit me, also, to say something that may be uncomfortable but necessary. The NBA must look in the mirror. We cannot demand integrity in public life while tolerating mediocrity or malpractice within our own ranks. We cannot lament the erosion of justice if we allow our own internal regulatory and disciplinary bodies to be toothless. We cannot continue to demand a clean electoral process while profiting regularly from the shenanigans that have infected election petitions.”
