Senator Ireti Kingibe calls voice vote unconstitutional for state of emergency decision
On Friday, March 21, Senator Ireti Kingibe, representing the Federal Capital Territory (FCT), expressed her concerns about the voice vote used by the Senate to approve the declaration of a state of emergency in Rivers State by President Bola Tinubu.
In her statement, Kingibe, elected under the Labour Party, strongly disagreed with the Senate President, Godswill Akpabio’s use of the voice voting procedure.
She emphasized that the Nigerian Constitution clearly states that a state of emergency declared by the President must be approved by a “two-thirds majority of all the members of each House of the National Assembly” and cannot be done through a voice vote.
“Voice votes, where members say ‘Aye’ or ‘Nay,’ cannot accurately measure the two-thirds majority needed for such an important decision,” Kingibe explained.
She stressed that a formal recorded vote is crucial for confirming the exact number of lawmakers in favor of such a significant proclamation.
“A two-thirds (2/3) majority is required for decisions like approving an emergency proclamation in the National Assembly, and this CANNOT be determined by a voice vote,” she said.
Kingibe referred to Section 305(2) & (6)(b) of the 1999 Constitution, which mandates that an emergency proclamation must be approved by at least two-thirds of the Senate and the House of Representatives.
“For decisions requiring a supermajority, like two-thirds, a recorded vote—whether through division voting, roll call, or electronic voting—is essential to ensure the constitutional process is followed,” Kingibe added.
She concluded by noting that Senate Standing Orders and House Rules usually require a roll call or electronic voting to accurately determine compliance with such major decisions.
