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Ireti Kingibe faults Senate for using voice vote to decide emergency rule in Rivers

Kingibe argued that a voice vote isn't sufficient to determine a two-thirds majority in the National Assembly for an emergency proclamation.
Ireti Kingibe, the sole Senator representing the Federal Capital Territory (FCT)
Ireti Kingibe, the sole Senator representing the Federal Capital Territory (FCT)

Ireti Kingibe, the sole Senator representing the Federal Capital Territory (FCT), has faulted the upper legislative chamber for using voice vote to approve President Bola Tinubu's proclamation of the state of emergency in Rivers State.

The 109-member Senate endorsed the emergency rule imposed by the president after a voice vote on Thursday, March 20, 2025. A similar development had earlier taken place in the House of Representatives on the same day.

The approval followed Tinubu's declaration of emergency rule in Rivers State, suspending Governor Siminalayi Fubara, his deputy, Ngozi Nma Odu, and all elected lawmakers of the state Assembly.

The President also appointed retired Vice Admiral Ibok-Ekwe Ibas as the Sole Administrator for an initial period of six months.

ALSO READ: Ijaw youths drag FG to ECOWAS Court over Tinubu's emergency rule in Rivers

However, criticisms have trailed the decision of the two legislative arms to use voice vote in ratifying the proclamation over concerns that the process lacked credibility.

Senator Kingibe opposes Senate

Ireti Kingibe, the sole Senator representing the Federal Capital Territory (FCT)

In a statement on Friday, March 21, 2025, Kingibe aligned herself with those questioning the Senate, saying a voice vote cannot accurately determine the consensus needed for such a decision.

The FCT lawmaker stressed that a voice vote isn't sufficient to determine a two-thirds majority in the National Assembly for an emergency proclamation.

“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," the statement partly read.

“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.

ALSO READ: Tinubu has truncated democracy - Amaechi reacts to emergency rule in Rivers

“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.

“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.

“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’être,” which is to oversee/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 constitutional required in matters of this magnitude.”

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