Senator Ireti Kingibe has voiced strong objections to the National Assembly’s decision to approve President Bola Tinubu’s state of emergency declaration in Rivers State through a voice vote, arguing that the procedure violates constitutional requirements.
Kingibe, who represents the Federal Capital Territory (FCT), maintains that the method used does not align with the legal standard for significant legislative decisions.
On March 20, 2025, both the Senate and House of Representatives convened to address President Tinubu’s proclamation of emergency rule in Rivers State.
The declaration was prompted by escalating political tensions involving Governor Siminalayi Fubara and his predecessor, Nyesom Wike, with the President citing the deteriorating situation as a governance threat. Consequently, the governor, deputy governor, and state legislature were suspended for six months.
The National Assembly’s decision-making process relied on voice votes, where lawmakers verbally expressed their approval or disapproval of the proclamation.
However, Senator Kingibe and other critics argue that this process fails to meet constitutional requirements.
According to Section 305(6)(b) of the 1999 Constitution of Nigeria (as amended), an emergency declaration requires the approval of at least two-thirds of all members in each legislative chamber.
“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.”
This translates to a minimum of 73 senators and 240 House members voting in favor. Kingibe emphasized that a voice vote cannot accurately determine whether the threshold has been met, stating, “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.”
Kingibe further called for a formal recorded vote through roll call or electronic means to ensure transparency and compliance with constitutional guidelines.
“When a supermajority like two-thirds is needed, a recorded vote is necessary to ensure compliance with constitutional requirements,” she added.
Prominent Nigerians have also criticized the process. Banker Atedo Peterside argued, “A two-thirds majority cannot be achieved via a voice vote. Members voting for or against the resolution must identify themselves and cast their votes individually.”
Likewise, activist Dele Farotimi stressed the importance of clear and counted votes for critical national decisions.
The use of voice votes for such a crucial decision has ignited debate about legislative procedures and the necessity of adhering to constitutional standards. Critics warn that bypassing formal voting methods undermines transparency and accountability in Nigeria’s democratic process.
