The Nigerian Bar Association (NBA) has rejected the National Assembly’s endorsement of the state of emergency imposed on Rivers State by President Bola Ahmed Tinubu.
In an interview on Channels Television’s Sunday Today, NBA President, Afam Osigwe (SAN), condemned the endorsement, stating that it was both wrong and unconstitutional for the lawmakers to decide the fate of Rivers and its leaders through a voice vote.
Osigwe’s comments follow renewed calls for the reversal of the decision, with Senator Seriake Dickson representing Bayelsa West and Senator Ireti Kingibe from the Federal Capital Territory urging that the decision be overturned. Despite objections from opposition leaders, the National Assembly backed the President’s proclamation in a voice vote.
The resolution was passed during separate plenary sessions in both chambers of the National Assembly, where lawmakers discussed the suspension of Governor Siminalayi Fubara, his deputy, Professor Ngozi Odu, and members of the state Assembly.
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However, Osigwe criticized the process, calling it unconstitutional.
He argued, “The Constitution has stated that the National Assembly shall ratify such a decision by a two-thirds majority. To ensure the constitutional provision is adhered to, the number of persons who attended the sittings and the number of votes for, against, or abstaining must be recorded.”
According to Osigwe, using a voice vote in both chambers failed to meet the constitutional requirement for ratification, stating, “A voice vote falls short of the constitutional threshold because you cannot accurately determine whether the constitutional requirement has been met.”
Osigwe concluded that the use of a voice vote further emphasized the unconstitutionality of the action, declaring, “Even that ‘ratification’ by the National Assembly does not meet the constitutional requirement and is, in itself, unconstitutional.”
