President Bola Tinubu is facing difficulties in securing enough support from the National Assembly to approve the state of emergency he declared in Rivers State.
The declaration, made on Tuesday, followed ongoing political conflicts in the state.
As part of the emergency measures, Governor Siminalayi Fubara, his deputy Ngozi Odu, and all state assembly members were suspended for six months.
Tinubu also appointed retired Vice-Admiral Ibok-Ete Ibas as the administrator.
For the emergency rule to take effect, the president must get approval from the National Assembly, as required by the 1999 Constitution, News About Nigeria reports.
The law states that both the Senate and House of Representatives must pass a resolution with a two-thirds majority.
However, many lawmakers are questioning Tinubu’s authority to suspend an elected governor and appoint an administrator, as the constitution does not clearly grant such powers.
A similar step was taken by former President Olusegun Obasanjo in the past, but it remains controversial.
The National Assembly is deeply divided on the matter.
With 360 members in the House of Representatives and 109 in the Senate, Tinubu needs at least 240 votes in the lower chamber and 73 in the upper chamber.
On the other hand, just 36 senators or 121 representatives can block the approval.
Reports say that the president’s team is struggling to gather enough support.
Some lawmakers, including opposition members and even some within Tinubu’s party, are reluctant to approve the emergency rule.
Another challenge is the number of lawmakers absent from the country.
Many are currently in Saudi Arabia for the lesser hajj and Ramadan fasting, making it difficult to form a quorum.
The Senate requires at least 36 members present, while the House needs 120.
However, the law mandates that all members must vote, meaning absent lawmakers cannot participate.
Efforts were made on Wednesday night to collect signatures for voting in absentia, but some lawmakers argued that this would be unconstitutional.
The constitution requires lawmakers to be physically present to vote on such matters.
Some lawmakers believe Tinubu acted too quickly without securing enough support beforehand.
They argued that if he had delayed the declaration until after the National Assembly had adjourned indefinitely, he would have had 10 days instead of two to gather support.
Instead, since the Assembly was in session when he made the announcement, he now faces a strict deadline.
A letter from Tinubu informing the House of Representatives about his decision was expected to be read during Wednesday’s plenary session but was not.
The Senate also postponed discussions on the emergency rule.
With the deadline approaching, if the president fails to secure the required votes by Thursday, he may have no choice but to cancel the proclamation, allowing Governor Fubara’s administration to continue.