The Senator representing the Federal Capital Territory, Ireti Kingibe, has condemned the National Assembly’s use of voice vote in approving the declaration of emergency rule in Rivers State.
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Recall that President Bola Tinubu declared a state of emergency in Rivers and suspended Governor Siminalayi Fubara, his deputy, Ngozi Odu, and all members of the state assembly over a protracted political crisis.
Following the declaration, the National Assembly approved Tinubu’s request for emergency rule in Rivers on Thursday using a voice vote.
However, in a statement on Friday, Kingibe said a mere voice vote cannot accurately determine the required two-thirds majority consensus.
She wrote, “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.”
Kingibe said the Senate standing order and house rules mandate a roll call or electronic voting system to determine numerical compliance for decisions of this magnitude accurately.
“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 agree 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,” she said.
Kingibe stated that a voice vote is insufficient for determining a two-thirds majority in the National Assembly for an emergency proclamation.
She added, “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.”
Kingibe noted that the National Assembly must uphold its duty of guiding the President’s decisions and ensuring that the rule of law prevails.
The lawmaker also urged Nigerians to hold their representatives accountable every time.
“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 therefore cannot, should not and will not take responsibility for the President’s decision, as constitutionally required in matters of this magnitude,” she added.
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