Senator Ireti Kingibe, representing the Federal Capital Territory (FCT), has strongly criticized the Senate’s reliance on a voice vote to approve President Bola Tinubu’s declaration of a state of emergency in Rivers State, arguing that such a critical decision demands a transparent and recorded voting process.
Kingibe insisted that the required two-thirds majority for ratifying an emergency rule, as mandated by the Nigerian Constitution, cannot be accurately determined through a voice vote, where lawmakers merely express agreement by saying “Aye” or “Nay.”
On Tuesday, President Tinubu imposed a six-month state of emergency in Rivers State, effectively suspending Governor Siminalayi Fubara, Deputy Governor Ngozi Odu, and all elected members of the Rivers State House of Assembly. Two days later, the Senate and the House of Representatives, both dominated by the ruling party, conducted separate voice votes to endorse the decision.
However, Kingibe has rejected this process, stating that it undermines constitutional integrity and democratic principles.
In a statement issued on Friday, she declared:
> “As the Senator representing the Federal Capital Territory (FCT), elected on the platform of the 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, and this level of consensus CANNOT be accurately determined by a voice vote.”
Kingibe referenced Section 305(2) & (6)(b) of the 1999 Constitution of Nigeria (as amended), emphasizing that an emergency proclamation must receive the approval of at least two-thirds of all members of both the Senate and the House of Representatives. She stressed that a voice vote is insufficient in such cases, as it does not provide a precise numerical count.
The FCT Senator further argued that when a supermajority is required, a recorded vote—via division voting, roll call, or electronic voting—is necessary to ensure compliance with constitutional provisions. According to her, the Senate Standing Orders and House Rules generally mandate roll-call or electronic voting systems to ascertain the exact number of lawmakers supporting a decision 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 urged the National Assembly to uphold its constitutional duty as guardians of the law, ensuring that the rule of law prevails over partisan interests.
> “The National Assembly must jealously guard its role and ensure that the rule of law prevails. Lawmakers must remember their raison d’être—to provide oversight and guidance on executive decisions, ensuring they align with constitutional provisions.”
She further emphasized that without a roll-call or electronic vote, the people’s voices remain unheard, stripping them of their democratic right to influence governance decisions.
> “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, shouldnot, and will not take responsibility for the President’s decision, as constitutionally required in matters of this magnitude.”
Kingibe’s criticism has reignited debates on legislative transparency and the necessity of recorded votes in crucial national matters. As Nigeria grapples with the implications of emergency rule in Rivers State, the spotlight remains on the National Assembly’s commitment to upholding constitutional processes and protecting democratic integrity.
PIONEER NEWS 