The Labour Party’s 2023 presidential candidate, Peter Obi, has criticized the National Assembly for using a voice vote to approve the state of emergency in Rivers State, calling it a constitutional violation and a blow to democracy.
Obi, who had earlier urged lawmakers not to support what he described as the illegal removal of Governor Siminalayi Fubara under President Bola Tinubu’s emergency declaration, expressed disappointment over the lack of proper voting procedures.
Writing on his X handle on Thursday, he stated, “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.”
He argued that the Nigerian Constitution clearly states that such decisions require a recorded vote, not a general call of “Aye” or “Nay.” He stressed that a two-thirds majority cannot be determined by a voice vote, adding that bypassing proper procedures undermines transparency and public trust.
“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,” he wrote.
Obi emphasized that approving an emergency proclamation—an action that could significantly alter the nation’s course—should have been handled with due process. He noted that the 1999 Constitution (as amended) requires at least two-thirds approval from both the Senate and the House of Representatives, making a simple voice vote inadequate.
“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,” he argued.
Obi warned that allowing such a precedent could lead to further abuses of democratic processes. “If we can bend the rules so easily, what stops us from undermining other pillars of democracy? Today, it’s a voice vote on a state of emergency — tomorrow, it could be a voice vote on citizens’ fundamental rights,” he cautioned.
He expressed deep concern that lawmakers, who swore to uphold the Constitution, participated in a process that ignored due process. “If the law no longer anchors our decisions, then what does? This is not just a flawed procedure; it is a warning signal. We cannot afford to gamble with the soul of our democracy,” Obi concluded.
