…Calls Process Unconstitutional

The Nigerian Bar Association (NBA) has rejected the National Assembly’s endorsement of the state of emergency imposed on Rivers State by President Bola Tinubu, describing the process as unconstitutional.

Speaking on Politics Today, a Channels Television program, NBA President, Afam Osigwe, SAN, criticized the lawmakers for deciding such a critical matter through a voice vote, arguing that it fell short of constitutional requirements.

Osigwe explained 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.

According to him, the use 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.