The Senator representing the Federal Capital Territory (FCT), Ireti Kingibe, has opposed using of voice vote by the Senate to approve the declaration of state of emergency in Rivers State by President Bola Tinubu.
On Tuesday, the President declared a state of emergency in the oil-rich state, suspending Governor Siminalayi Fubara, his deputy, Ngozi Odu and all elected lawmakers of the Rivers Assembly for an initial period of six months.
In separate voice votes, the 109-member Senate and 360-member House of Representatives, dominated by the president’s party men, supported the emergency rule imposed by the commander-in-chief on the Niger Delta state on Thursday.
But in a statement on Friday, Kingibe said that the consensus needed for such decision cannot be accurately determined by a voice vote.
Her statement reads, “As the Senator representing the Federal Capital Territory (FCT) elected on the platform of Labour Party, I, Ireti Kingibe, maintain a clear, firm and unequivocal stance on the recent declaration of emergency rule and the associated voting procedures conducted in the National Assembly.
“I strongly oppose the use of voice voting for such critical, vital and constitutional issues. The Nigerian Constitution explicitly mandates that a state of emergency proclaimed by the President must be ratified by a “two-thirds majority of all the members of each House of the National Assembly.”
“A two-thirds (2/3) majority is required for significant decisions like approving an emergency proclamation in the National Assembly, and this level of consensus CANNOT be accurately determined by a voice vote.
“According to Section 305(2) & (6)(b) of the 1999 Constitution of Nigeria (as amended), an emergency proclamation must receive the approval of at least two-thirds of all members of each House — the Senate and the House of Representatives. A voice vote, where members express agreement by saying “Aye” or “Nay,” CANNOT precisely measure the required two-thirds majority.
“When a supermajority like two-thirds is needed, a recorded vote — whether through division voting, roll call, or electronic voting is necessary to ensure compliance with constitutional requirements. The Senate Standing Orders and House Rules generally mandate a roll call or electronic voting system to accurately determine numerical compliance for decisions of this magnitude.
“A voice vote is insufficient for determining a two-thirds majority in the National Assembly for an emergency proclamation. A formal recorded vote is crucial to confirm the exact number of lawmakers in support.
“As custodians of the Laws of the Land and specifically the Constitution of the Federal Republic of Nigeria, the National Assembly must jealously guard this role. They must ensure that the rule of Law prevails and remember their “raison d’etre” which is to oversight/guide the President’s decisions by confirming or rejecting when his choices are not allowed by law.
“National Assembly members are the direct representatives of the people, the voice of the people. Without a roll call or electronic voting, the people haven’t spoken and therfore cannot, should not and will not take responsibility for the President’s decision, as constitutional required in matters of this magnitude.”
