The House of Representatives has approved President Bola Tinubu’s request for a state of emergency in Rivers State. The approval, granted during plenary on Thursday, came through a voice vote instead of a headcount.

A voice vote was reportedly used because the House lacked the required two-thirds majority—at least 240 out of 360 members—as mandated by the constitution.

Before the debate, Obi Aguocha (Abia) raised a point of order, insisting that a formal count should be conducted to meet constitutional requirements. He cited Section 305(6)(b) of the Nigerian Constitution, which mandates a two-thirds majority for the approval of an emergency rule. However, some lawmakers interrupted with shouts of “sit down!”

Speaker Tajudeen Abbas dismissed the request for a headcount, stating that the attendance register would be used to verify the number of lawmakers present.

Fred Agbedi (Bayelsa) backed Aguocha, calling for transparency and urging the House to announce the quorum. However, Idris Wase (Plateau) argued that the exact number of lawmakers present was only necessary at the voting stage.

During the deliberations, lawmakers proposed additional measures:

  • Philip Agbese, Deputy House Spokesperson, suggested forming a National Peace and Reconciliation Committee with representatives from the executive and legislature to stabilize Rivers State.
  • Etanabene Benedict (Delta) proposed that the sole administrator should report to the National Assembly, not the Federal Executive Council.
  • Ali Isa, Deputy Minority Whip, recommended that the president should have the authority to terminate or review the emergency rule if the crisis is resolved before the six-month period ends.

All three recommendations were adopted before the House proceeded with the vote.

The speaker later announced that 243 lawmakers were present, and the motion was passed through a voice vote. While the majority responded with “aye,” a few dissenting voices were heard.

Critics argue that a voice vote does not accurately determine a two-thirds majority, which typically requires either electronic voting or division—a formal vote count.

Some lawmakers have raised concerns about relying on the attendance register, as members could sign in without participating in the vote.

Speaker Abbas has previously used voice votes in cases requiring a two-thirds majority. In November 2024, the House removed Danladi Umar as chairman of the Code of Conduct Tribunal (CCT) through a voice vote, despite constitutional provisions requiring a formal count.

On Tuesday, President Tinubu declared a state of emergency in Rivers State, citing prolonged political instability. As part of the move, he suspended Governor Siminalayi Fubara, his deputy Ngozi Odu, and all state assembly members for six months.

The president also appointed retired Vice Admiral Ibok-Ete Ibas as the sole administrator to oversee the state’s affairs until stability is restored.

Under Section 305(2) of the Constitution, an emergency proclamation must be transmitted to the National Assembly and supported by a two-thirds majority in both chambers to remain in effect. If the National Assembly does not approve it within the required timeframe, the proclamation becomes invalid.

With the House relying on a voice vote, questions remain over the constitutional validity of the approval process.

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