The Nigerian Bar Association (NBA) has opposed the National Assembly’s approval of the state of emergency declared in Rivers State by President Bola Tinubu. The association stated that the process used to approve the emergency rule did not meet constitutional standards.
Speaking on Politics Today, a program on Channels Television, NBA President Afam Osigwe, SAN, criticized the lawmakers for using a voice vote to decide on such an important issue. He noted that this method does not align with constitutional requirements.
Osigwe explained that the Nigerian Constitution requires the National Assembly to ratify a state of emergency by a two-thirds majority. He noted that for this to be valid, the exact number of lawmakers present, those who voted in favor, those against, and those who abstained must be recorded.
“You can’t clear that by a voice vote. A voice vote falls short of the constitutional requirement because, by a voice vote, you are unable to determine whether the threshold for ratification has been met,” he said.
He further noted that using a voice vote in both chambers of the National Assembly weakens the legal process, making the approval invalid.
“Even that ‘ratification’ by the National Assembly does not meet the constitutional requirement, and it is in itself unconstitutional,” he added.
