The Nigerian Bar Association (NBA) has kicked against the National Assembly’s endorsement of the state of emergency imposed on Rivers State by President Bola Tinubu, saying the development was unconstitutional.
Making appearance on Politics Today, a Channels Television program, NBA President, Afam Osigwe, SAN, lambasted the lawmakers for arriving at such an important decision through a voice vote, arguing that it fell short of constitutional requirements.
Osigwe noted that the Constitution mandates the National Assembly to ratify such a decision by a two-thirds majority. He emphasized that to fulfill this requirement, the 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.
In his opinion , the adoption of a voice vote in both chambers undermines the constitutional process, rendering the entire endorsement invalid.
“Even that ‘ratification’ by the National Assembly does not meet the constitutional requirement, and it is in itself unconstitutional,” he added.
The NBA’s rejection of the endorsement raises further legal and political concerns over the controversial state of emergency, as critics argue that due process was not followed in declaring it.
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