• Vows Her Stance Against Declaration

• Safiu Kehinde

Nigerian Senator, Ireti Kinigbe (FCT, Labour Party), has maintained her stance against the approval of the state of emergency in Rivers as she condemned the Senate’s use of voice vote in deciding such critical matter.

NPO Reported that the National Assembly had yesterday approved President Bola Tinubu’s declaration of state of emergency in Rivers as well as the suspension of the state governor, Siminalayi Fubara, his deputy, Ngozi Odu, and all members of the state’s House of Assembly.

While the approval of Fubara’s suspension came under heavy disapproval and labelled unconstitutional, the voice vote used by the Senate and the House of Representatives had also became another subject of violation of the Nigerian constitution.

Kinigbe, in a statement issued on her official X handle on Friday, reiterated her disapproval of the voice vote as she explained the provision of the constitution as regards emergency rule.

“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 to 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.” Kinigbe wrote.

The lawmaker charged Nigerians to hold their representatives accountable for the constitutional breach.

“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 therefore cannot, should not and will not take responsibility for the President’s decision, as constitutional required in matters of this magnitude.

“The people MUST hold their representatives accountable!” She added.