Senator Ireti Kingibe, representing the Federal Capital Territory (FCT), has vehemently criticized the National Assembly’s decision to employ a voice vote in approving President Bola Tinubu’s declaration of a state of emergency in Rivers State. This declaration, prompted by a prolonged political crisis, resulted in the suspension of Governor Siminalayi Fubara, his deputy, Ngozi Odu, and the entire state assembly. Kingibe contends that the gravity of such a decision necessitates a more rigorous and transparent voting process than a mere voice vote, arguing that it fails to accurately ascertain the constitutionally mandated two-thirds majority required for approving an emergency proclamation.

At the heart of Kingibe’s argument lies the constitutional stipulation outlined in Section 305(2) & (6)(b) of the 1999 Constitution of Nigeria (as amended). This section explicitly mandates a two-thirds majority approval from both the Senate and the House of Representatives for any emergency proclamation to be valid. She posits that a voice vote, relying solely on audible affirmations or dissents, cannot provide a precise numerical count to ensure compliance with this constitutional requirement. The senator advocates for recorded voting methods, such as division voting, roll call, or electronic voting, to ensure transparency and accountability in such critical decisions. These methods, she argues, provide a verifiable record of each member’s vote, allowing for an accurate determination of whether the required two-thirds majority has been achieved.

Kingibe emphasizes the importance of adhering to established parliamentary procedures outlined in the Senate Standing Orders and House Rules, which generally mandate a recorded vote for decisions of this magnitude. She asserts that resorting to a voice vote undermines the integrity of the legislative process and potentially violates the constitution. The lack of a precise vote count, she argues, shrouds the decision-making process in ambiguity and prevents the public from holding their representatives accountable. A recorded vote, on the other hand, provides a clear and unambiguous record of each legislator’s position, fostering transparency and accountability.

Furthermore, Kingibe underscores the crucial role of the National Assembly in providing oversight and guidance to the President’s actions. She reminds the legislative body of its constitutional duty to ensure the rule of law prevails and to scrutinize the President’s decisions, particularly in matters as sensitive as the declaration of a state of emergency. By bypassing the established procedures for a recorded vote, Kingibe argues, the National Assembly not only fails to fulfill its constitutional obligations but also sets a dangerous precedent for future decisions that may require supermajority approval. She emphasizes that the legislature must act as a check on executive power, ensuring that presidential actions are in accordance with the law.

The senator also stresses the importance of public accountability in the legislative process. She argues that the lack of a recorded vote disenfranchises the electorate, denying them the opportunity to hold their representatives accountable for their decisions. By not knowing how their representatives voted, the public is left in the dark about whether their elected officials truly represent their interests. A recorded vote, Kingibe maintains, empowers the public to hold their representatives accountable and ensures that government decisions reflect the will of the people.

In conclusion, Senator Kingibe’s condemnation of the voice vote procedure in approving the emergency rule declaration in Rivers State stems from her firm belief in the importance of adhering to constitutional requirements and established legislative procedures. She argues that the use of a voice vote undermines the integrity of the legislative process, lacks transparency, and potentially violates the constitution. Her advocacy for a recorded vote emphasizes the need for accountability, both within the legislature and to the public it serves. By urging the National Assembly to uphold its constitutional duties and ensuring a transparent and accountable decision-making process, Kingibe underscores the importance of the rule of law and the vital role of the legislature in safeguarding the democratic principles upon which Nigeria is founded.

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