President Bola Tinubu is struggling to secure two-thirds majority in the national assembly to approve his declaration of emergency rule in Rivers state, The Cable reports.
The president had declared a state of emergency in the oil-rich state, citing the prolonged political crisis.
Tinubu, during the declaration suspended Siminalayi Fubara, governor of the state, Ngozi Odu, his deputy, and all house assembly members for six months.
He then nominated Ibok-Ete Ibas, a retired vice-admiral and former chief of naval staff, as the administrator.
For the emergency rule to take effect, section 305 (2) of the constitution states that the president must transmit the proclamation to the senate president and the speaker of the house of representatives.
There is a raging debate on where the president derived the power to suspend an elected governor from as this is not expressly provided for in the 1999 constitution.
There is also no provision for the appointment of an administrator in the constitution, although President Olusegun Obasanjo set the disputed precedent.
Section 305 (6) stipulates that a “proclamation issued by the President under this section shall cease to have effect (b) if it affects the Federation or any part thereof and within two days when the National Assembly is in session, or within ten 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.”
With 360 members in the green chamber and 109 in the red chamber, Tinubu needs at least 240 votes in the house of reps and 73 in the senate for his proclamation to stand.
Sources in the national assembly revealed that the president’s foot soldiers are struggling to get the numbers.
It was gathered that a significant number of the lawmakers are in Saudi Arabia observing the lesser hajj and Ramadan fasting.
Owing to the insufficient numbers, the senate on Wednesday deferred the motion to Thursday.
Sources say many lawmakers remain unconvinced about the necessity and legality of Tinubu’s action which they believe could set a dangerous precedent.
An insider said lawmakers are divided along party lines, with opposition members and even some members of the All Progressives Congress (APC) wary of endorsing the emergency rule.
If the president fails to secure the two-thirds majority in both chambers to approve the emergency rule by Thursday as stipulated in the constitution, Tinubu will be forced to revoke his proclamation, effectively restoring Fubara and his administration.
