Emergency Rule: FCT Senator Kingibe Rejects Senate’s Voice Vote, Says It’s Unconstitutional

The Senator representing the Federal Capital Territory (FCT), Ireti Kingibe, has declared her opposition to the voice vote method used by the Senate to approve the declaration of a state of emergency in Rivers State by President Bola Tinubu.

In a statement on Friday, Kingibe, who was elected on the platform of the Labour Party (LP), maintained that such a critical constitutional decision requires a more transparent and precise process, as outlined in the 1999 Constitution of the Federal Republic of Nigeria (as amended).

“I strongly oppose the use of voice voting for such critical, vital, and constitutional issues,” Senator Kingibe stated. “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.”

Citing Section 305(2) & (6)(b) of the Constitution, she emphasised that only a formal, recorded vote — such as a division vote, roll call, or electronic voting — can accurately determine if the required two-thirds threshold has been met.

“A voice vote, where members express agreement by saying ‘Aye’ or ‘Nay,’ cannot precisely measure the required two-thirds majority,” she added, stressing the potential constitutional breach that this method of voting could represent.

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According to her, both the Senate Standing Orders and House of Representatives Rules recommended a more transparent voting process for matters of national importance, especially those that directly impact the civil liberties of citizens and governance in affected regions.

“The National Assembly must jealously guard its constitutional role and ensure that the rule of law prevails. We must remember our primary duty — to oversee and guide the President’s decisions, especially when his choices must be constitutionally confirmed,” Kingibe noted.

The Senator, however, reminded her colleagues of their responsibility to Nigerians, stating: “Without a roll call or electronic voting, the people haven’t truly spoken. Therefore, they cannot and should not bear responsibility for the President’s decision in a matter of this magnitude. The people MUST hold their representatives accountable!”