The senator representing the Federal Capital Territory (FCT) under the platform of the Labour Party, Ireti Kingibe, has expressed her displeasure at the adoption of a voice vote by the National Assembly to ratify President Bola Tinubu’s declaration of a state of emergency in Rivers state.  

Disclosing this in a statement on Friday, Mrs Kingibe said the action by Senate President Godswill Akpabio and House of Representatives Speaker Tajudeen Abbas on Thursday violated the 1999 Constitution, which mandates a two-third majority vote rather than a voice vote for such a serious matter.  

Mrs Kingibe said, “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.”

The lawmaker stated that a recorded vote, either through division voting, roll call, or electronic voting, is necessary to accurately determine a supermajority like two-thirds, ensuring strict compliance with constitutional requirements, which the Senate Standing Orders and House Rules also mandate.  

“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.”

She stressed the importance of lawmakers in the National Assembly, as custodians of the country’s Constitution and other laws, to “jealously ensure that the rule of law prevails”** and to remember their “raison d’être,”which is to “oversight/guide the President’s decisions by confirming or rejecting when his choices are not allowed by law.”

Insisting that Nigerians must hold their representatives accountable, she noted, “National Assembly members are the direct representatives of the people, the voice of the people,” adding that “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.”

The move by the National Assembly followed Mr Tinubu’s suspension of Governor Siminalayi Fubara, his deputy Ngozi Odu, and all members of the House of Assembly for six months, as well as his nomination of Vice Admiral Ibok-Ette Ibas (rtd) as administrator to take charge of the state’s affairs during the period.  

The political crisis in the state stems from the struggle for control of state structures between Mr Fubara and the FCT minister since 2024. The conflict has defied all attempted resolutions, including those by the president, leading to the emergency declaration.