State of Emergency: How Nigerian lawmakers use voice votes to determine matter requiring two-thirds

The Nigerian constitution mandates that a state of emergency in any part of Nigeria proclamed by the president must be supported by “two-thirds majority of all the members of each House of the National Assembly.”

The two chambers of the Nigerian parliament used voice votes to approve President Bola Tinubu’s State of Emergency in Rivers despite a constitutional provision that mandates two-third majority votes by each chamber for such approval.

Section 305 (6b) of the Nigerian constitution mandates that a state of emergency in any part of Nigeria proclamed by the president must be supported by “two-thirds majority of all the members of each House of the National Assembly.”

Many Nigerians had, thus, hoped that the Senate and House of Representatives would adopt proper voting procedures so Nigerians would know the actual number of lawmakers that supported the president’s declaration, who they were and whether or not the constitutional requirement was met.

“A two-thirds majority cannot be achieved via a voice vote. Members voting for or against the resolution to ratify the President’s emergency actions must identify themselves and cast their votes individually,” banker Atedo Peterside wrote on X.

The view was shared by many other Nigerians including activist Dele Farotimi.

“It is interesting that Uncle Atedo is raising this point. @Senator_Akpabio must not resort to a voice vote in determining the 2/3 majority demanded by the Constitution. The vote must be clearly counted, and the numbers clearly determined. A voice vote will not suffice,” Mr Farotimi wrote.

The two chambers of the National Assembly, dominated by members of the ruling party, APC, however, ignored the calls.

On Thursday, both chambers adopted voice votes and the presiding officers said they had the required majority and thus approved the president’s request.

The matter was not even debated publicly in the Senate which held a closed-door session for about 80 minutes before it conducted its voice vote publicly.

None of the senators was heard opposing the motion during the voice vote, PREMIUM TIMES observed.

The Senate has 109 members while the House has 360 members.

Rivers Crisis

President Bola Tinubu imposed a state of emergency on Rivers following a political dispute in the state between the governor, Siminalayi Fubara, and his predecessor, Nyesom Wike.

The president said the crisis had degenerated and was affecting governance in the state.

The Nigerian leader also suspended Mr Fubara, his deputy, and members of the state legislature for six months while the emergency rule lasts.

Details later…