State of Emergency: NASS Voice Vote Approval Unconstitutional, Dangerous Precedent to Democracy – Obi

Chinedum Treasure

Former presidential candidate Mr. Peter Obi has strongly criticised the National Assembly’s approval of the state of emergency through a voice vote, describing it an unconstitutional and dangerous precedent that threatens Nigeria’s democracy.

Obi, in a statement posted on his X (formerly Twitter) handle, expressed deep concern over the ongoing political crisis, particularly in Rivers State.

He lamented the disregard for due process and transparency in handling a decision of such national significance.

“While still agonising over the ongoing deterioration of democracy in our nation, especially with the situation in Rivers State, I just heard that they have added salt to injury by using a voice vote to pass the illegality,” Obi stated.

He pointed out that the 1999 Constitution (as amended) is clear on the procedure for approving a state of emergency, which requires a two-thirds majority of all members of both legislative chambers.

Such a crucial vote, he argued, cannot be determined by a mere “Aye” or “Nay” but must be conducted through a roll call or recorded voting system to ensure accuracy and legitimacy.

“When a supermajority is required, it demands a recorded vote—whether by division, roll call, or electronic means. This isn’t just a technicality; it’s a matter of law and legitimacy,” Obi asserted.

The former Anambra State governor further warned that ignoring constitutional provisions in this manner erodes public trust in the democratic process and sets a dangerous precedent.

“Today, it’s a voice vote on a state of emergency—tomorrow, it could be a voice vote on citizens’ fundamental rights. If we can bend the rules so easily, what stops us from undermining other pillars of democracy?” he asked.

Obi called on the National Assembly members, particularly those from the Labour Party, to stand against this unconstitutional move and urged Nigerians to remain vigilant in safeguarding democracy.

He concluded with a strong appeal for accountability, stating that lawmakers who swore to uphold the Constitution must not participate in processes that undermine due process and democratic values.

“We cannot afford to keep gambling with the soul of our democracy,” he warned.

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