By NewsMata
The Nigerian Bar Association (NBA) has declared that adopting the use of voice vote to endorse President Bola Tinubu’s proclamation of a state of emergency in Rivers State has rendered it invalid, noting that it fell short of constitutional requirements.
Rejecting the endorsement, Osigwe said it was wrong and unconstitutional for the federal lawmakers to decide the fate of Rivers State and its leaders by voice vote.
Speaking on Channels Television programme, Sunday Politics, the NBA President, Afam Osigwe, senior advocate of Nigeria, SAN, said “The Constitution has said that the National Assembly shall by two-thirds majority ratify it. It means that for you to ensure that the Constitutional provision has been adhered to, you must indicate the number of persons who attended the sittings and the number of persons who voted for or against or who abstained from voting.
“So, you can’t clear that by a voice vote. So, a voice vote falls short of the Constitutional requirement because, by a voice vote, you are unable to know whether you have met the Constitutional threshold for ratification.
“So, the use of voice vote in both chambers also underscores the unconstitutionality of the whole action. So even that ‘ratification’ by the National Assembly does not meet the Constitutional requirement, and it is in itself unconstitutional.”
According to him, the use of a voice vote in both chambers undermines the constitutional process, rendering the entire endorsement invalid.
The NBA’s position corroborated that of some senators who have openly condemned the process. At the forefront of the agitation in the Senate are Seriake Dickson, former governor of Bayelsa State, representing Bayelsa West, and Ireti Kingibe, representing the Federal Capital Territory, who have insisted that the approval should be overturned.