ALDRAP Petitions President Tinubu to Declare State of Emergency on Senate Over Legislative Stalemate

The Association of Legislative Drafting and Advocacy Practitioners (ALDRAP), a prominent body of over 1,000 legislative lawyers in Nigeria, has called on President Bola Ahmed Tinubu to invoke Section 305 of the 1999 Constitution and declare a state of emergency on the Senate of the Federal Republic of Nigeria.

In a formal petition dated July 7, 2025, and signed by its Secretary, Dr. Tonye Clinton Jaja, ALDRAP expressed grave concern over what it described as the Senate’s prolonged legislative paralysis. The group cited the Senate’s alleged failure to perform its constitutional duty under Section 53 regarding the concurrence of 146 bills passed by the House of Representatives since 2024.

According to the petition, this legislative deadlock is endangering national governance and has created “a threat of imminent breakdown of law and order,” warranting urgent executive intervention.

“This failure has resulted in the non-concurrence of 146 Bills emanating from the House of Representatives since 2024… and has caused a legislative vacuum with serious implications for national development and rule of law,” the letter stated.

ALDRAP argues that the situation has worsened following the July 4, 2025 judgment of Hon. Justice Binta Nyako of the Federal High Court, which found the current Senate President, Senator Godswill Obot Akpabio, in violation of Sections 63 of the Nigerian Constitution and 14(2) of the Legislative Houses (Powers, Privileges and Immunities) Act, 2018.

Dr. Jaja noted that Akpabio’s continuing legal entanglements, including his status as a prosecution witness in a high-profile trial scheduled through September 2025, effectively render him unfit to preside over the Senate during this period.

“The President of the Senate has now abandoned his constitutional duties to attend court proceedings. Instead of complying with the judgment by electing a President Pro Tempore as required under Order 22 of the Senate Standing Orders, 2023 (as amended), the Senate continues to operate in contempt of court,” ALDRAP said.

Citing Sections 14(1)(a) and (e) of the Legislative Houses Act, the association warned that the Senate risks engaging in criminal contempt, an offense punishable by up to two years imprisonment.

ALDRAP’s letter proposes a temporary suspension of the Senate’s legislative authority until December 2025, during which the House of Representatives should be allowed to submit bills directly to the President for assent. It also calls for urgent constitutional amendment to Section 53 to prevent future legislative bottlenecks.

 

The association has given the Presidency a 48-hour deadline to respond, threatening legal action to enforce constitutional compliance if no action is taken.

“We urge Your Excellency’s prompt intervention to prevent further violation of the Constitution and relevant laws. Take notice that in the event we do not receive a favourable response within 48 hours, we shall undertake legal steps to assert our constitutional and legal rights,” the letter warned.

Read the full Petition below 

7th July 2025.

President of the Federal Republic of Nigeria,
Presidential Villa,
Aso Rock, Abuja, Federal Capital Territory (FCT).

Request for His Excellency Mr. President Pursuant to Section 305 to Declaration of State of Emergency Upon the Senate of the Federal Republic of Nigeria Due to Its Failure to Perform Its Function Under Section 53 of the Nigerian Constitution As Regards 146 Concurrence of Bills Emanating from the House of Representatives since 2024.

On behalf of the Association of Legislative Drafting and Advocacy Practitioners-ALDRAP, an NGO dedicated to ensuring compliance by officials and institutions with the Nigerian Constitution and other relevant laws, we submit the above named request.

We are a total of over 1,000 legislative lawyers (who are both staff of the National Assembly and State Houses of Assembly in Nigeria) and constituents of the 109 Senators of the Senate of the Federal Republic of Nigeria.

This request is brought pursuant to Section 305 the Constitution of the Federal Republic of Nigeria,1999.

Under the circumstances there is a threat of imminent break-down of law and order and it poses grave danger to the general public because the Senate of the Federal Republic of Nigeria has since the year 2024 failed in performance of its function under Section 53 of the Nigerian Constitution.

This failure has resulted in the non-concurrence of 146 Bills emanating from the House of Representatives since the year 2024!

We believe that declaration of a State of Emergency upon the Senate has become absolutely necessary so as to allow the House of Representatives to send Bills directly to Your Excellency for assent.

We propose that this State of Emergency be imposed upon the Senate from now until December 2025 after the State Houses of Assembly have provided the two-thirds majority votes required for amendment of Section 53 of the Nigerian Constitution.

The declaration of a State of Emergency has become an absolute necessity considering that the current President of the Senate has now abandoned his duty of presiding over plenary sessions of the Senate to be attending court of law proceedings wherein he is both a litigant and a Prosecution Witness from now until September 2025.

Also, a Federal High Court, Abuja had on 4th July 2025 delivered a judgment citing the said President of the Senate for violating Section 63 of the Nigerian Constitution as well as Section 14(2) of the Legislative Houses (Powers, Privileges and Immunities) Act, 2018.

Instead of the Senators to comply with the said judgment by conducting elections to elect another Senator as President of the Senate Pro Tempore in accordance with Order 22 of the Standing Orders of the Senate, 2023 (as amended).

They are running the risk of committing the crime of Contempt of a Legislative House as per Section 14 (1) (a) and (e) of the Legislative Houses (Powers Privileges and Immunities) Act, 2018 which carries a penalty of two years imprisonment.

For the foregoing reasons, we urge your prompt intervention to prevent any further violation of the said sections of the Nigerian Constitution and other relevant laws.

TAKE NOTICE THAT IN THE EVENT THAT WE DO NOT RECEIVE A FAVOURABLE RESPONSE WITHIN 48 HOURS, WE SHALL UNDERTAKE LEGAL STEPS TO ASSERT OUR CONSTITUTIONAL AND LEGAL RIGHTS.

We thank you in advance for your anticipated prompt and positive consideration.

 

Yours faithfully,

Dr. Tonye Clinton Jaja,

Secretary, ALDRAP.