Presidential candidate of the Labour Party in the 2023 elections, Mr Peter Obi, has faulted the procedure adopted by both houses of Nigeria’s National Assembly in approving the state of emergency declared by President Bola Tinubu in Rivers State.
Both the Senate and the House of Representatives on Thursday, passed resolutions approving the emergency rule declaration made by President Tinubu.
Join our WhatsApp ChannelIn a statement, Obi berated lawmakers at the National Assembly for using votes to pass the resolution.
According to him, the Constitution is clear that passing a resolution on a matter as crucial as emergency rule in a state, “cannot be done through a voice vote but by calling individuals to answer ‘yes’ or ‘no.”
He pointed out that a two-thirds majority cannot be determined through a voice vote.
Obi expressed sadness that despite nationwide outrage against the state of emergency declaration in Rivers State, which he described as arbitrary and unconstitutional, the National Assembly members went ahead to approve it.
He maintained that “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 as well as the transparency and integrity of the National Assembly.”
He stressed that a decision of such level “must be made with integrity, following the letter and spirit of the law.
“It is disheartening that a decision as crucial as approving an emergency proclamation — one that could alter the course of the nation — has been handled with such casual disregard for constitutional standards.”
He argued that the 1999 Constitution of Nigeria (as amended) requires that a proclamation of a state of emergency must be approved by at least a two-thirds majority of all members of each House — the Senate and the House of Representatives, and “A simple call of “Aye” or “Nay” cannot accurately measure this crucial threshold.”
He asserted that when a supermajority is needed, it requires a recorded vote, whether by division, roll call, or electronic methods, adding that this is an issue of legitimacy and the law, not merely a technicality.
READ ALSO: Atiku, Obi Condemn Emergency Rule In Rivers State
The formal Anambra State governor further observed that the Senate Standing Orders and House of Representatives Rules were established to ensure that decisions as crucial as emergency rule, are made transparently, with accountability. “Ignoring these procedures is not just an oversight; it is a betrayal of the democratic process,” Obi warned.
“A voice vote for such a critical matter is not just insufficient; it’s a dangerous precedent. 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. It is painful to think that members of the National Assembly, who swore to uphold the Constitution, could participate in a process that sidesteps the very essence of due process.
“We must ask ourselves: 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 keep gambling with the soul of our democracy.”
READ ALSO: National Assembly Approves Tinubu’s Emergency Rule Declaration In Rivers
Earlier, before the lawmakers approved President Tinubu’s emergency rule declaration in Rivers State, Obi had in a tweet urged members of the Labour Party at the National Assembly to vote against the declaration.
Also, a coalition of opposition leaders including Atiku Abubakar, Peter Obi, Nasir el-Rufai and others, called on the National Assembly to reject the state of emergency declared in Rivers State by President Bola Tinubu.
Speaking at a press conference on Thursday, at the Yar’Adua Centre in Abuja, the coalition said Tinubu had wrongly invoked Section 305 of the Constitution when he declared a state of emergency. The coalition also accused Tinubu of favouritism in the Rivers State political crisis.
Atiku, who spoke on behalf of others at the press conference declared: “We call on President Bola Ahmed Tinubu to immediately revoke this unconstitutional proclamation and reinstate the elected Governor, Deputy Governor, and State Assembly of Rivers State.
“We call on patriotic Senators and Representatives to vote against this illegal action when it comes before them for approval.
“The National Assembly must stand on the right side of history and not allow itself to be used to legitimise an unconstitutional power grab.”
Obi was represented at the conference by Yunusa Tanko.
Former Secretary to the Government of the Federation, Babachir Lawal, National Secretary of the Coalition of United Political Parties, Peter Ahmeh, and Convener of the Alternative, Segun Showunmi, were among other opposition personalities present at the event.
Victor Ezeja is a passionate journalist with seven years of experience writing on economy, politics and energy. He holds a Master's degree in Mass Communication.