UPDATED: Reps approve Tinubu’s request for emergency rule in Rivers

…ask Sole Administrator to report directly to NASS not FEC

The House of Representatives on Thursday approved the request of President Bola Tinubu on the declaration of a state of emergency in Rivers State.

The House had upon resumption of plenary dissolved into an executive session in line with the motion sponsored by the Majority Leader, Hon. Julius Ihonvbere.

On resumption from the executive session which lasted for about 15 minutes, Ihonvbere moved another motion for the House to dissolve into Committee of the Whole to deliberate on the official gazette on the declaration of state of emergency in Rivers State transmitted by the Presidency to the Speaker, Hon. Tajudeen Abbas.

As stipulated in Order 16(3) of the House Standing Rules, the Speaker is required to brief members on the circumstances leading to the emergency declaration and provide necessary documents.

After the briefing, Speaker Abbas read the President’s letter on the House floor, after which it was passed through First Reading and Second Reading, respectfully.

Leading the debate, Ihonvbere who criticised South-South leaders for failing to intervene early in the crisis, argued that their inaction contributed to the escalation of the political crisis, hence stressing the need for the House to prioritize stability in the oil-producing region.

Ihonvbere who justified the President’s decision, argued that the intervention was aimed at creating a framework for Rivers State’s progress while safeguarding the interests of its people.

He said: “We stand on the precipice of history. There is no doubting the fact that we have our definitions of democracy, of social, state of emergency.

“We have our own biases, I have mine. But on this issue, let us all step on the precipice and assist them to have a better population. let’s begin to work from the ground up to create the processes, the conversations, the negotiations that are necessary. To bring sustainable, credible, lasting, inclusive peace to Rivers State.”

He called for constructive conversations and negotiations, encouraging fellow leaders to work towards sustainable and lasting peace.

“Let us all step on the precipice and assist them to have a better population,” he said.

The 243 lawmakers, according to the Speaker, attended the session, and thereafter unanimously resolved that while the emergency lasted, it could be reviewed at any time without necessarily waiting for the six months prescribed in the President’s proclamation.

In his intervention, Minority Whip, Hon. Ali Isa had moved an amendment to the request to say that when there are signs of resolution of the crisis, the president should review the emergency rule in the state.

The House also amended the request to include the setting up of a National Reconciliation Committee made up of eminent Nigerians to bring the warring parties to the table.

In addition, the National Assembly is to take over legislative functions of the Rivers State House of Assembly in line with the provisions of section 11(4) of the 1999 Constitution (as amended), titled: “Public Order and Public Security,” which empowers the National Assembly to make laws regarding the maintenance and security of public safety and order, including essential supplies and services, and to make laws during wartime for the defence of the Federation.

The lawmakers argued that Section 305 which empowers Mr. President to declare the state of emergency cannot be treated in isolation without Section 11 of the 1999 Constitution (as amended).

The lawmakers unanimously resolved the newly appointed Sole Administrator, Vice Admiral Ibok-Ete Ibas, must report directly to the National Assembly rather than the Federal Executive Council (FEC) before implementing any projects and funds approved by the President.

Also speaking on the letter, former Deputy Speaker of the House, Idris Wase said “if I am to speak my mind, I am not going to disobey this very, very decisive decision. I want to believe that Nigeria must move forward.

On his part, Hon. Fredrick Agbedi, member representing Sagbaama/Ekeremor federal constituency of Bayelsa State, urged the Speaker to announce the number present to form a quorum and ensure that the proceedings be carried out with integrity in tandem with relevant sections of the 1999 Constitution (as amended).

He said: “Our constitution has prescribed what and what to do. It is in the integrity and interest of this House, Mr. Speaker, for you to announce the quorum as we are sitting. So that Nigerians will know that we are not circumventing the Constitution.

“So, Mr. Speaker, honourable colleagues, this is not about either supporting or opposing what Mr. President has said. But because of your impeccable leadership, the kind of leadership you have given to us in this House, and the kind of leadership that Nigerians have come to believe in.

“Mr. Speaker, it is good enough and I urge you that we comply strictly with the Constitution by first transparently announcing the quorum as it is now for us to go into this debate,” he stressed.

In response to their request, the Speaker, Hon. Tajudeen Abbas who presided over the plenary insisted that there was an attendance register which would be used to determine the number of members present on the floor.

In his remarks, Chairman, House Committee on Federal Character, Hon. Idris Wase, encouraged members to support the request.

“If I am to speak my mind, I am not going to disobey this very, very decisive decision. I want to believe that Nigeria must move forward.We are not yet at the point of voting.

“So the point of voting, we are already being raised, but we get to the point of voting. That’s the way it was made.”

In his contribution, Deputy Chairman, House Committee on Media and Public Affairs, Hon. Philip Agbese averred that the State of emergency as declared by Mr. President was necessary.

He noted that the Nigerian parliament has a history of providing solutions to national challenges, particularly during times of crisis.

Hon. Agbese therefore recommended that a national committee comprising executive members, parliamentarians, and eminent leaders be constitution to ensure peace and prevent future conflict in the state.

He said: “One of our major achievements in this House has always been to provide solutions to problems as far as the continent is concerned.

“We are all aware of the challenges that face us today, the state of our democracy, and we are here as a people, as representatives of Nigerians, to provide solutions and ensure that our democracy works.

“Recommendations made in the proclamation by Mr President that in the wake of this house, we play with it in a way and manner that will help to build our democracy and make Nigeria a better place.

“My recommendation is that, as we have seen in time past, when this country was at a point of crisis, when national committees were set up, and we have also seen in time past even when there was no constitutional provision, the doctrine of necessity was invoked to give life back to the country.

“It is in that way that he says that the emergency has been declared in the state, not because Mr. President hates any of the groups involved, but because Mr. President wants something better for our country.

“So, I want to recommend that a national committee be set up, comprising of the executive, members of the parliament, and eminent leaders, like we have seen in the past,” he urged.

Also contributing to the debate, Hon. Etanabene Benedict, member representing the Okpe/Sapele federal constituency, who earlier expressed concerns over certain constitutional provisions, agreed that the ultimate goal must be to restore peace in Rivers State.

He said: “Section 305 of the Constitution cannot be read in isolation of Section 11, subsection 4, he argued that the Sole Administrator appointed in River State should report to the National Assembly rather than the Federal Executive Council.

“The ultimate goal is to have peace in River State. We must embrace that idea of the government and indeed as pushed forward by Mr. President.

“However, Section 305 of the Constitution of Federal Republic of Nigeria, I do not want to go into academic debates on what Section 305 is about.

“However, Section 305 cannot be read in isolation of Section 11, subsection 4 of the Constitution. And that deals with, if you permit me to read, that at any time when any House of Assembly of a State is unable to perform its function, 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 in which a House of Assembly may make laws as may appear to the National Assembly on and on.

“But the bottom line here is listen to Mr. President’s proclamation where he said that the sole administrator will be reporting to the Federal Executive Council. I disagree with that position and insist that the provision of Section 11.4 of the Constitution should take precedence over that.”

The House however made adjustments to the recommendations made by the President, approved the three clauses through voice vote without any dissenting voice.

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