FCT senator faults voice votes in approving emergency rule

Ireti Kingibe, the senator for Federal Capital Territory (FCT), has said the use of voice votes by members of the National Assembly for the approval of the emergency rule in Rivers State was insufficient.

Mrs Kingibe, a member of the Labour Party (LP), said she opposed the action because the Constitution clearly mandates a two-thirds majority vote for such a proclamation, which was not adhered to by the National Assembly.

The senator said these in a statement on Friday.

PREMIUM TIMES had reported that the two chambers of the National Assembly used voice votes to approve President Bola Tinubu’s State of Emergency in Rivers despite a constitutional provision that mandates two-third majority votes by each chamber for such approval.

Section 305 (6b) of the Nigerian constitution mandates that a state of emergency in any part of Nigeria proclaimed by the president must be supported by “two-thirds majority of all the members of each House of the National Assembly.”

With 109 senators and 360 rep members, this means at least 73 senators and 240 representatives must publicly vote in favour of the emergency rule.

However, instead of conducting an official roll-call vote where each lawmaker’s stance is recorded, both chambers of the National Assembly adopted a voice vote, a method where lawmakers simply shout “aye” or “nay,” and the presiding officer subjectively determines which side has the majority.

Voice voting inappropriate

In the statement, Mrs Kingibe rejected the use of voice voting for the proclamation of the state of emergency.

“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.”

She argued that the decision to approve an emergency proclamation must be determined through a transparent voting process, such as a roll-call or electronic voting.

“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,” she said.

Ensuring proper procedures

Mrs Kingibe emphasised that a proper voting method, whether through division voting, roll-call, or electronic means, would have ensured compliance with constitutional requirements.

“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.

She noted that failing to follow due process in such matters could weaken Nigeria’s democracy and erode public confidence in the National Assembly’s role as the people’s representative.

“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,” Mrs Kingibe warned.

She called on lawmakers to uphold their responsibility as custodians of the Nigerian Constitution and ensure that legal and constitutional provisions are strictly followed.

“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 to 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,” she stated.

Holding lawmakers accountable

The senator also urged Nigerians to hold their representatives accountable, as the failure to properly record votes means that the people have not spoken through their elected officials.

“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. The people MUST hold their representatives accountable,” she said.