Rivers Emergence Rule: Two-Thirds majority can’t be determined by voice vote, Obi knocks N’Assembly

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Peter Obi, the Labour Party’s presidential candidate in the 2023 election, has sharply criticized the National Assembly for approving General Bola Ahmed Tinubu’s request to validate a state of emergency in Rivers State through a voice vote.

In a series of posts statement on his X account on Thursday, Obi called the lawmakers’ approach a violation of Nigeria’s Constitution and a blow to democratic integrity.

Obi had previously urged National Assembly members not to support the removal of Rivers State Governor Siminalayi Fubara, warning against what he described as an unconstitutional overreach. In his latest remarks, he expressed dismay that lawmakers compounded the issue by relying on a voice vote for such a pivotal decision. “The Constitution explicitly states that a two-thirds majority is required, and this cannot be determined by a simple ‘Aye’ or ‘Nay,’” he wrote. “It demands a clear, recorded vote—not a casual shout.”

He argued that bypassing proper procedure undermines transparency and accountability, eroding public faith in democracy. “A voice vote on a matter as serious as an emergency proclamation, which could reshape the nation’s trajectory, shows a reckless disregard for constitutional standards,” Obi stated. He cited the 1999 Constitution (as amended), which mandates that such proclamations secure approval from at least two-thirds of all members of both the Senate and House of Representatives—a threshold that requires a formal count, not an informal call.

Obi emphasized that Senate Standing Orders and House Rules exist to ensure such decisions are made openly and accountably, whether through division, roll call, or electronic voting. “This isn’t a mere technicality—it’s about legitimacy and the rule of law,” he said. “Ignoring these safeguards isn’t just a mistake; it’s a betrayal of the democratic process.”

He warned of the broader implications, calling the voice vote a “dangerous precedent.” “If we bend the rules today on a state of emergency, what’s to stop us from doing the same with citizens’ rights tomorrow?” Obi asked. He expressed disappointment in lawmakers who, having sworn to uphold the Constitution, participated in a process he believes flouts its core principles. “When the law no longer guides our actions, what foundation remains?” he concluded.

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