The Nigerian National Assembly has approved President Bola Tinubu’s declaration of a State of Emergency in Rivers State through voice votes, a move that has sparked widespread debate on constitutional compliance.
Constitutional Requirement vs. Legislative Action
According to Section 305 (6b) of the Nigerian Constitution, a state of emergency declared by the president must be ratified by a “two-thirds majority of all the members of each House of the National Assembly.” This equates to at least 73 out of 109 senators and 240 out of 360 House of Representatives members voting in favor.
However, rather than conducting a roll-call vote that records each lawmaker’s stance, both the Senate and the House of Representatives adopted a voice vote method. This process involves lawmakers verbally expressing their support or opposition by shouting “aye” or “nay,” with the presiding officer determining the majority based on sound volume, rather than an official count.
The Approval Process
In the Senate, lawmakers held a closed-door session for one hour and twenty minutes before agreeing to support the emergency proclamation. Upon resuming plenary, Senate President Godswill Akpabio read a pre-prepared resolution and called for a voice vote. Notably, no senator openly opposed the motion.
Similarly, in the House of Representatives, the matter was decided by a voice vote, with no official record of how individual lawmakers voted.
Public Reaction and Legal Concerns
Many Nigerians, including legal experts and activists, have criticized the decision, arguing that a voice vote does not meet the constitutional requirement for a two-thirds majority.
“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,” banker Atedo Peterside stated on X (formerly Twitter) before the legislative sessions.
Activist Dele Farotimi echoed this sentiment, insisting that “a voice vote cannot substitute for a recorded two-thirds majority vote required by the Constitution. The vote must be clearly counted and documented.”
Implications and Next Steps
The use of voice votes for such a critical decision raises concerns about transparency and accountability in Nigeria’s legislative processes. As debates continue, legal experts suggest that affected parties could challenge the decision in court, potentially leading to a review of the approval process.
For now, the declaration stands, but the controversy underscores broader issues of governance, adherence to constitutional procedures, and the role of legislative oversight in Nigeria.