Stephen Ukandu, Umuahia
The 2023 presidential candidate of the Labour Party, Mr Peter Obi, has carpeted the National Assembly for ratifying via voice vote, the state of emergency imposed on Rivers State by President Bola Tinubu.
According to Obi, approving such a crucial issue “was an insult to Nigerians and a breach of the 1999 constitution.”
The former Anambra State Governor argued that the method adopted by the National Assembly in approving the state of emergency contradicted the provisions of the Constitution which required a two third majority of all the members of the National Assembly.
Obi who took to his X handle to ventilate his disappoinment, said that two third majority could never be determined through a voice vote
He wrote: “While still agonizing over the ongoing deterioration of democracy in our nation, especially with the situation in Rivers State, and trying to reach out to our National Assembly members not to support and sustain the unconstitutionality and arbitrariness, I just heard that they have added salt to injury by using a voice vote.
“The constitution is clear that this cannot be done through a voice vote but by calling individuals to answer ‘yes’ or ‘no.’ You cannot determine a two-thirds majority by a voice vote.
“While a two-thirds majority is crucial, it does not justify bypassing proper procedures and undermining the principles of transparency and accountability. The use of a voice vote in such a significant decision not only disregards constitutional requirements but also erodes public trust in the democratic process.
“Decisions of such magnitude must be made with integrity, following the letter and spirit of the law. It’s disheartening that a decision as crucial as approving an emergency proclamation — one that could alter the course of the nation — was handled with such casual disregard for constitutional standards.
“The 1999 Constitution of Nigeria (as amended) clearly requires that such a proclamation must be approved by at least two-thirds of all members of each arm of the legislature — the Senate and the House of Representatives.
‘’A simple call of “Aye” or “Nay” cannot accurately measure this crucial threshold. When a supermajority is required, it demands a recorded vote — whether by division, roll call, or electronic means.
‘’This isn’t just a technicality; it’s a matter of law and legitimacy. The Senate Standing Orders and House Rules were established to ensure that decisions of this magnitude are made transparently, with accountability. Ignoring these procedures is not just an oversight; it is a betrayal of the democratic process.”
Besides Obi, several other opposition leaders and eminent Nigerians including senior lawyers have equally slammed the National Assembly for adopting voice vote approach in ratifying the state of emergency.
