Senator for the Federal Capital Territory, Ireti Kingibe, has criticized the National Assembly's employment of a voice vote to approve the imposition of an emergency rule in Rivers State.
According to PUNCH Online, President Bola Tinubu has announced a state of emergency in Rivers State and removed Governor Siminalayi Fubara along with his deputy, Ngozi Odu, and every member of the state legislature due to an ongoing political turmoil.
After the announcement, the National Assembly endorsed Tinubu’s plea for an emergency governance in Rivers on Thursday through a vocal ballot.
Yet, according to a declaration made on Friday, Kingibe stated that a simple voice vote is insufficient to genuinely reflect the necessary two-thirds majority agreement.
She stated, "Being the Senator from the Federal Capital Territory (FCT), chosen under the banner of the Labour Party, I, Ireti Kingibe, hold a distinct, strong, and unambiguous position regarding the recently announced state of emergency and the connected voting processes carried out in the National Assembly."
Kingibe stated that according to the Senate standing orders and house rules, a roll call or an electronic voting system must be used to accurately assess numerical support for significant decisions.
A supermajority of two-thirds (2/3) is necessary for crucial decisions such as endorsing an emergency declaration within the National Assembly, and this degree of agreement cannot be reliably assessed through a voice vote. As stated under Sections 305(2) and (6)(b) of the 1999 Nigerian Constitution (amended version), enacting an emergency decree requires the consent of at least two-thirds of all members from both chambers—the Senate and the House of Representatives. However, a vocal ballot, wherein lawmakers express their assent with 'Aye' or dissent with 'Nay,' fails to provide the precise tally needed to meet the stipulated two-thirds threshold.
"When a supermajority such as two-thirds is required, a documented vote—whether through division voting, roll call, or electronic voting—is essential to meet constitutional standards. The Senate Standing Orders and House Rules typically require either a roll call or an electronic voting system to precisely ascertain numerical conformity for significant decisions," she stated.
Kingibe asserted that a voice vote does not suffice for establishing a two-thirds majority in the National Assembly regarding an emergency declaration.
She stated, "If a supermajority such as two-thirds is required, then a documented vote—whether via division voting, roll call, or electronic voting—is essential to meet constitutional standards. According to the Senate Standing Orders and House Rules, typically either a roll call or an electronic voting method must be used to precisely ascertain numerical adherence when making significant decisions."
A voice vote does not suffice for establishing a two-thirds majority in the National Assembly regarding an emergency declaration. It is essential to have a formal recorded vote to verify the precise count of legislators who endorse it.
Kingibe emphasized that the National Assembly has the responsibility to oversee the President's choices and guarantee that legal principles are maintained.
The legislator additionally encouraged citizens of Nigeria to keep their elected officials responsible at all times.
As guardians of the nation's laws and particularly the Constitution of the Federal Republic of Nigeria, the National Assembly should zealously protect this responsibility. They must guarantee that the rule of law holds firm and recall their primary purpose: to oversee or guide the president’s decisions through approval or rejection when his selections do not comply with legal standards.
“The National Assembly members serve as the direct representatives of the populace, embodying the collective voice of the people. In the absence of a recorded vote through either a roll call or an electronic system, the public has not formally expressed their stance; thus they cannot, ought not, and will not bear constitutional responsibility for the President’s decision in such significant matters,” she further stated.
Provided by SyndiGate Media Inc. Syndigate.info ).
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