Senator Ireti Kingibe, representing the Federal Capital Territory (FCT) under the Labour Party banner, has issued a strong statement unequivocally opposing the recent declaration of a state of emergency and the voting procedures employed in the National Assembly for its ratification.
Senator Kingibe specifically criticised the use of a voice vote for such a critical constitutional matter, asserting that it fails to meet the explicit requirements of the Nigerian Constitution.
In a press release issued on Friday, March 21, 2025, Senator Kingibe firmly stated her position, emphasising the constitutional mandate for a two-thirds majority in each House of the National Assembly to ratify a presidential proclamation of a state of emergency.
Citing Section 305(2) and (6)(b) of the 1999 Constitution of Nigeria (as amended), she underscored that this significant level of consensus—at least two-thirds of all members in both the Senate and the House of Representatives—cannot be accurately ascertained through a simple voice vote where members express their agreement or disagreement verbally.
“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,” Senator Kingibe asserted.
She elaborated on the inadequacy of a voice vote for such crucial decisions, explaining that it lacks the precision needed to confirm the exact number of lawmakers in support, as mandated by the Constitution.
Senator Kingibe argued that when a supermajority like two-thirds is constitutionally required, a recorded vote—whether through division voting, roll call, or electronic voting—becomes essential to ensuring strict adherence to the law.
She pointed out that the standing orders of both the Senate and the House of Representatives generally necessitate a roll call or electronic voting system to accurately determine numerical compliance for decisions of this magnitude.
“A voice vote is insufficient for determining a two-thirds majority in the National Assembly for an emergency proclamation. A formal recorded vote is crucial to confirm the exact number of lawmakers in support,” the FCT Senator emphasised.
Highlighting the fundamental role of the National Assembly, Senator Kingibe stressed that as “custodians of the Laws of the Land and specifically the Constitution of the Federal Republic of Nigeria,” members must “jealously guard this role.”
She urged the National Assembly to prioritise the rule of law and remember their core function of providing oversight and guidance to the President’s decisions by confirming or rejecting actions that are not legally permissible.
Furthermore, Senator Kingibe underscored the representative nature of National Assembly members, stating that they are the “direct representatives of the people, the voice of the people.”
She argued that without a roll call or electronic voting on a matter of such constitutional significance, “the people haven’t spoken and therefore cannot, should not, and will not take responsibility for the President’s decision, as constitutionally required in matters of this magnitude.”
Concluding her statement, Senator Kingibe called upon the Nigerian populace to hold their elected representatives accountable for upholding the Constitution and ensuring due process in critical legislative decisions.
Her strong stance signals potential controversy and debate surrounding the recent emergency declaration and the procedures followed in the National Assembly.
