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Friday, March 21, 2025

State of Emergency: Voice vote unconstitutional – Senator Ireti Kingibe

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Senator Ireti Kingibe, representing the Federal Capital Territory (FCT) in Nigeria’s Senate, has publicly opposed the voice voting procedure used by Senate President Godswill Akpabio to approve President Bola Tinubu’s declaration of a state of emergency in Rivers State. Kingibe, who is elected under the platform of the Labour Party, argued that the Nigerian Constitution clearly requires the approval of a state of emergency by a “two-thirds majority of all the members of each House of the National Assembly”—a process that she believes cannot be accurately determined through a voice vote.

In her statement on Friday, Kingibe emphasized that a voice vote, where members express their agreement by saying “Aye” or “Nay,” is insufficient to determine whether the required two-thirds majority has been met. She argued that a formal, recorded vote is necessary to ensure the exact number of lawmakers in support of such an important decision, particularly for emergency proclamations.

Kingibe pointed to Section 305(2) and (6)(b) of Nigeria’s 1999 Constitution, which stipulates that a state of emergency proclamation must receive the approval of at least two-thirds of all members in both the Senate and the House of Representatives. She argued that for such a critical decision, a recorded vote—whether by division, roll call, or electronic means—is essential to accurately comply with the constitutional requirement for a supermajority vote.

The senator also referenced the Senate Standing Orders and House Rules, which generally mandate a roll call or electronic voting system to determine the exact numerical support for significant decisions, such as approving an emergency proclamation.

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