By Theophilus Chibuzo Oliver
On Friday, March 21, 2025, the Senator representing the Federal Capital Territory, Abuja, Ireti Kingibe, issued a press release regarding the declaration of a state of emergency in Rivers State. This declaration resulted in the suspension of the state governor, deputy governor, and members of the state legislature.
In her statement, Senator Kingibe opposed the use of voice voting—”Aye” and “Nay”—for the decision. She referred to the Nigerian Constitution, which states that a state of emergency declared by the President must be approved by a two-thirds majority of all members of each house of the National Assembly.
She stated, “A two-thirds majority (2/3) is required for decisions such as approving an emergency proclamation in the National Assembly and cannot be determined by voice voting.” She cited Sections 305(2) and 305(6)(b) of the 1999 Constitution in support of her position.
She added that when a two-thirds majority vote is required, a recorded form of voting—such as electronic voting, division voting, or roll call—should be used to ensure compliance with constitutional requirements. She also noted that the Senate and House Standing Orders require electronic voting for significant matters.
She stated that voice voting does not provide a clear record of whether the required two-thirds majority has been met or the exact number of senators in support.
She concluded by calling on the National Assembly to follow constitutional procedures when making such decisions. She also urged Nigerians to hold their representatives accountable, as legislative decisions impact the public.
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