State of Emergency: Voice Vote Unconstitutional – Senator Ireti Kingibe

Posted by Thandiubani on Fri 21st Mar, 2025 - tori.ng

Ireti Kingibe said she strongly opposed the procedure adopted by the Senate President, Godswill Akpabio.

Senator representing the Federal Capital Territory, FCT, Ireti Kingibe has reacted after the House of Representatives voted in favour of President Bola Tinubu's state of emergency rule in Rivers.

Commenting on the issue, Kingibe contested that the voice voting procedure used by the red chamber to okay the declaration is unconstitutitonal.

In a statement on Friday, Kingibe, who was elected under the platform of the Labour Party, said she strongly opposed the procedure adopted by the Senate President, Godswill Akpabio.

She explained that 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”, and not through voice vote.

According to her, a voice vote, where members of the National Assembly express agreement by saying “Aye” or “Nay,” “cannot precisely measure the required two-thirds majority”.

She insisted that such a procedure is insufficient to determine a two-thirds majority in the upper and lower chambers especially for an emergency proclamation.

She noted that a “formal recorded vote is crucial to confirm the exact number of lawmakers in support”.

“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.

“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”, the statement added.