The Supreme Court Cannot Say That The NASS Can Compute 2/3 On A Voice Vote; That’s Voodoo-Odinkalu

Human rights lawyer and constitutional expert, Chidi Odinkalu, has criticised the Supreme Court ruling connected to the declaration of a state of emergency in Rivers State. His concern is not mainly about the emergency itself, but about how the National Assembly is allowed to approve such a serious decision.

In a video shared by Signature TV, according to Odinkalu, the Supreme Court focused on the procedure the National Assembly can use to approve an emergency proclamation. The court suggested that lawmakers could rely on a voice vote, where members simply shout “yes” or “no,” instead of counting votes properly. Odinkalu believes this approach is dangerous and unconstitutional.

He explained that the Nigerian Constitution clearly requires a two-thirds majority of lawmakers to approve a state of emergency. Two-thirds is a mathematical figure that must be counted and confirmed. A voice vote, by its nature, cannot show exact numbers. You cannot tell how many lawmakers supported or opposed the motion just by listening to loud voices in the chamber.

Odinkalu argued that no court, not even the Supreme Court, has the power to change basic logic or mathematics. Calling something two-thirds does not make it so unless the numbers are actually calculated. Allowing a voice vote to stand in place of proper counting, he warned, turns law into guesswork rather than justice.

In his words, “The Supreme Court cannot say that the National Assembly can compute two-thirds on a voice vote, that’s not jurisprudence, that’s Voodoo.”

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