Senator Ireti Kingibe, representing the Federal Capital Territory (FCT), has voiced her opposition to the voice voting method used by the Senate to approve the declaration of a state of emergency in Rivers State by President Bola Tinubu.
In a statement obtained by Truth Live News on Friday, Kingibe, elected under the Labour Party platform, criticized the procedure adopted by Senate President Godswill Akpabio, describing it as unconstitutional.
She made emphasis that the Nigerian Constitution “explicitly mandates that a state of emergency proclaimed by the President must be ratified by a ‘two-thirds majority of all the members of each House of the National Assembly,’ and not through voice vote.”
Kingibe argued that a voice vote, where lawmakers express agreement by saying “Aye” or “Nay,” “cannot precisely measure the required two-thirds majority.”
She maintained that such a procedure is inadequate for determining the necessary legislative support, especially for an emergency proclamation.
She further insisted on the need for a “formal recorded vote” to confirm the exact number of lawmakers in favor.
“A two-thirds (2/3) majority is required for significant decisions like approving an emergency proclamation in the National Assembly, and this level of consensus CANNOT be accurately determined by a voice vote.
“According to Section 305(2) & (6)(b) of the 1999 Constitution of Nigeria (as amended), an emergency proclamation must receive the approval of at least two-thirds of all members of each House—the Senate and the House of Representatives.
“When a supermajority like two-thirds is needed, a recorded vote — whether through division voting, roll call, or electronic voting is necessary to ensure compliance with constitutional requirements.
“The Senate Standing Orders and House Rules generally mandate a roll call or electronic voting system to accurately determine numerical compliance for decisions of this magnitude,” the statement added.