The senator representing the Federal Capital Territory (FCT), Ireti Kingibe, has made public her stance on the voice voting process used by the National Assembly to approve President Bola Tinubu’s declaration of State of Emergency in Rivers State and suspension of Governor Siminalayi Fubara, his deputy and lawmakers.
In a statement issued on Friday, March 21, Ireti, who was elected under the Labour Party platform said she strongly opposes the use of voice voting for a critical Constitutional matter as the proclamation of a State of Emergency
.
Her words, “I strongly oppose the use of voice voting for such critical, vital and constitutional issues. 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 1999 Constitution of Nigeria (as amended), Ireti said a voice note where members only express agreement by simply saying ‘Aye’ or ‘Nay’ cannot precisely measure the required two-thirds majority.
She also noted that the Senate Standing Orders and House Rules generally mandate a roll call or electronic voting system to accurately determine numerical compliance – by lawmakers – for decisions of this magnitude.
Ireti said, in line with the provisions of the law, it is important for the National Assembly leadership to confirm the exact number of lawmakers in support of the president’s proclamation of a State of Emergency as declared in Rivers State.
“As custodians of the Laws of the Land and specifically the Constitution of the Federal Republic of Nigeria, the National Assembly must jealously guard this role.
“They must ensure that the rule of Law prevails and to remember their “raison d’etre” which is to oversight/guide the President’s decisions by confirming or rejecting when his choices are not allowed by law,” Ireti added.
Affirming that lawmakers of the National Assembly are the direct representatives of the people and the people’s voice, the FCT senator said with the voice voting, the people have clearly not spoken.
She added, “National Assembly members are the direct representatives of the people, the voice of the people. Without a roll call or electronic voting, the people haven’t spoken and therefore cannot, should not and will not take responsibility for the President’s decision, as constitutional required in matters of this magnitude.
“The people MUST hold their representatives accountable!” Ireti concluded.
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