Reps approve Tinubu’s emergency rule in Rivers with voice vote

The house of representatives has approved President Bola Tinubu’s request for emergency rule in Rivers state.

The seal of approval for the president’s proclamation came via voice vote during plenary in the green chamber on Thursday.

TheCable understands voice vote was used since the house could not muster the necessary numbers to pass the motion by at least 240 of the 360 members as stipulated by the constitution.

On Tuesday, Tinubu declared a state of emergency in the south-south state, citing the protracted political crisis.

The president controversially suspended Siminalayi Fubara, governor of the state, Ngozi Odu, his deputy, and all house assembly members, for six months.

Tinubu has since appointed Ibok-Ete Ibas, a retired vice-admiral and former chief of naval staff, as the sole administrator for Rivers.

For the emergency rule to take effect, section 305 (2) of the constitution states that the president must transmit the proclamation to the senate president and the speaker of the house of representatives.

The proclamation would then be supported by two-thirds majority in both chambers.

Section 305 (6) stipulates that a “proclamation issued by the President under this section shall cease to have effect (b) if it affects the Federation or any part thereof and within two days when the National Assembly is in session, or within ten days when the National Assembly is not in session, after its publication, there is no resolution supported by two-thirds majority of all the members of each House of the National Assembly approving the proclamation”.

With 360 members in the green chamber and 109 in the red chamber, Tinubu needed at least 240 votes in the house of reps and 73 in the senate for his proclamation to stand.

However, with its voice vote method, the two-thirds majority requirement became academic in the house of representatives.

THE DEBATE

Before the house commenced debate on the president’s request, Obi Aguocha from Abia raised a point of order, saying the constitutional procedures must be followed as stipulated in section 305 and that head counts should be taken.

He said sub-section 6(b) of the referenced section mandates that the president’s request must be approved by two-thirds majority of house members.

However, lawmakers interrupted him with shouts of “sit down!”

Tajudeen Abbas, speaker of the house, also asked Aguocha to take his seat, saying there is a register to verify the number of lawmakers present.

At this point, Fred Agbedi from Bayelsa supported Aguocha’s argument, stating that in the interest of transparency, the quorum should be announced to assure Nigerians of their commitment to openness.

“We must comply strictly with the constitution,” he said.

The speaker then said the point of order was noted.

Idris Wase from Plateau argued that they had not yet reached the voting stage, noting that the numbers would only be necessary at that point.

THE RECOMMENDATIONS

During his submission, Philip Agbese, the deputy spokesperson of the house, said the crisis in Rivers had been globally established.

He recommended that as part of the emergency rule, a national peace and reconciliation committee be constituted with members drawn from the federal executive council, the national assembly and elsewhere to foster sustainable peace and harmony amongst the warring factions.

Etanabene Benedict from Delta also proposed that the administrator should report to the national assembly and not to the federal executive council as announced by the president.

A third recommendation came from Ali Isa, the deputy minority whip, who stated that the president can terminate or review the state of emergency at any time during the initial six months — if the crisis is resolved.

All three recommendations were approved by the house.

The speaker subsequently said the names on the attendance register were 243.

Abbas then put the president’s request to a voice vote, with the majority responding with “aye”. A few “nay” votes hummed in the background.

RELIANCE ON VOICE VOTES

In parliament, a voice vote cannot be used to determine two-thirds majority — which can only be established through electronic voting or division.

A division is used to count votes when the outcome of a voice vote is unclear or when a specific majority, such as two-thirds, is required.

Relying on a register to determine the constitutionally required two-thirds majority is flawed, as some lawmakers could simply sign in and leave without participating in the vote.

Abbas frequently relies on voice votes to determine a two-thirds majority, even on matters that constitutionally require a formal count.

During plenary on November 26, 2024, the house invoked paragraph 17 (3), part 1, fifth schedule of the 1999 constitution as amended, and section 22(3) of the Code of Conduct Bureau and Tribunal Act Cap C15 LFN 2004, to remove Danladi Umar as chairman of the Code of Conduct Tribunal (CCT).

The above section of the constitution stipulates that: “A person holding the office of Chairman or member of the Code of Conduct Tribunal shall not be removed from his office or appointment by the President except upon an address supported by two-thirds majority of each House of the National Assembly praying that he be so removed for inability to discharge the functions of the office in question (whether arising from infirmity of mind or body) or for misconduct or for contravention of this Code”.

When TheCable counted, fewer than 150 lawmakers were in the chamber when the motion for Umar’s removal was moved.