Former presidential candidate Peter Obi has strongly condemned the National Assembly for approving an emergency rule proclamation for Rivers State through “a voice vote,” which he deems a violation of constitutional principles and a dangerous precedent for Nigeria’s democracy.
“While we are still grappling with the ongoing decline of democracy in our nation, particularly in Rivers State, I reached out to our National Assembly members urging them not to support this unconstitutional and arbitrary action, only to learn they have compounded the issue by passing the illegality via a voice vote,” Obi stated in his response.
According to the 1999 Constitution of Nigeria (as amended), such a decision requires a two-thirds majority from both legislative chambers.
Obi emphasised that “the Constitution clearly stipulates that this cannot be accomplished through a voice vote but must involve individual votes of ‘yes’ or ‘no.'”
Legal experts and advocates for democracy have echoed Obi’s concerns, asserting that a voice vote undermines transparency.
“You cannot ascertain a two-thirds majority through a voice vote,” Obi insisted, warning that such practices jeopardise the integrity of the democratic process.
The former Anambra State governor cautioned against establishing a precedent that diminishes democratic accountability. “While achieving a two-thirds majority is essential, it cannot excuse the bypassing of proper procedures or the erosion of transparency and accountability principles.”
He criticised the National Assembly for disregarding due process: “The use of a voice vote on such a significant decision not only flouts constitutional requirements but also damages public trust in both the democratic process and the National Assembly’s integrity.”
Obi stressed that decisions with national ramifications must be approached with care: “Significant decisions must be made with integrity, adhering to both the letter and the spirit of the law.”
He lamented the manner in which the emergency proclamation was approved: “It is disheartening that a decision as pivotal as approving an emergency proclamation—one that could change the course of the nation—has been treated with such casual indifference towards constitutional standards.”
The Constitution explicitly outlines the voting process for such decisions: “The 1999 Constitution of Nigeria (as amended) clearly states that such a proclamation must be approved by at least two-thirds of all members in both Houses—the Senate and the House of Representatives.”
Obi reiterated that a voice vote does not meet this requirement: “A simple call of ‘Aye’ or ‘Nay’ cannot accurately gauge this crucial threshold.”
He called for strict adherence to legislative procedures: “When a supermajority is necessary, it demands a recorded vote—whether by division, roll call, or electronic means. This is not merely a technicality; it is a matter of law and legitimacy.”
The former governor underscored the importance of established legislative protocols: “The Senate Standing Orders and House Rules were created to ensure that decisions of this magnitude are made transparently and with accountability.”
Obi warned of the perils of ignoring these rules: “Disregarding these procedures is not just an oversight; it is a betrayal of the democratic process.”
He cautioned that such actions lay the groundwork for further democratic erosion: “A voice vote on such a critical matter is not only inadequate; it sets a dangerous precedent. If we can so easily bend the rules, what prevents us from undermining other foundational aspects of democracy?”
The implications, he warned, could extend beyond emergency proclamations: “Today, it’s a voice vote on an emergency; tomorrow, it could be a voice vote on citizens’ fundamental rights.”
Expressing his disappointment in lawmakers, Obi questioned their commitment to the Constitution: “It is painful to consider that members of the National Assembly, who swore to uphold the Constitution, could engage in a process that flouts the essence of due process.”
He posed a crucial question: “We must ask ourselves: If the law no longer guides our decisions, then what does?”
This is more than just a procedural error, Obi stressed—it is a cautionary alarm: “This is not merely a flawed procedure; it is a sign of trouble.”
He urged Nigerians and democratic institutions to stay vigilant: “We cannot afford to gamble with the soul of our democracy.”
The House of Representatives overwhelmingly voted in favour of President Bola Tinubu’s declaration of a state of emergency in Rivers State.
This decision came during a plenary session on Thursday, when lawmakers debated the emergency rule imposed amid the ongoing political crisis in the oil-rich state.
The Speaker of the House of Representatives, Tajudeen Abbas, confirmed that 240 lawmakers attended the session, fulfilling the quorum requirements.
