State of Emergency: Voice Vote Unconstitutional – Senator Ireti Kingibe

Senator Ireti Kingibe has condemned the use of a voice vote in approving the state of emergency in Rivers, calling it unconstitutional and undemocratic.

Senator Ireti Kingibe, who represents the Federal Capital Territory (FCT), has stated her position on the voice voting process employed by the red chamber to approve President Bola Tinubu’s declaration of a state of emergency in Rivers State.

In a statement released on Friday, Kingibe, elected as a member of the Labour Party, expressed her strong opposition to the procedure implemented by Senate President Godswill Akpabio.

She clarified that the Nigerian Constitution specifically requires a state of emergency declared by the President to be approved by “a two-thirds majority of all members in each House of the National Assembly,” rather than through a voice vote.

She stated that a voice vote, in which National Assembly members express their stance by saying “Aye” or “Nay,” is incapable of accurately determining the necessary two-thirds majority.

She argued that the process is inadequate for determining a two-thirds majority in both the upper and lower chambers, particularly when it comes to an emergency proclamation.

She emphasized that a “formal recorded vote is essential to verify the precise number of lawmakers in favor.”

A two-thirds majority is necessary for important decisions, such as approving an emergency proclamation in the National Assembly. This level of consensus cannot be accurately determined through a voice vote.

As stated in Section 305(2) and (6)(b) of the amended 1999 Constitution of Nigeria, an emergency proclamation requires approval from at least two-thirds of all members in both the Senate and the House of Representatives.

When a supermajority, such as two-thirds, is required, it is necessary to have a recorded vote—using methods like division voting, roll call, or electronic voting—to ensure adherence to constitutional requirements.

“The statement further noted that the Senate Standing Orders and House Rules typically require a roll call or electronic voting system to precisely assess numerical compliance for decisions of this significance.”