Rivers State Emergency: Senator Jev Challenges Voice Vote Legitimacy

Ex-Senator Jev Speaks Out Against Voice Vote Approval of Rivers State Emergency

In a bold move, Emmanuel Orker Jev, the former Senator for Benue North-West, has openly criticized the method used by the Nigerian Senate and House of Representatives to approve President Bola Tinubu’s declaration of a state of emergency in Rivers State. The decision, which also suspended Governor Siminalayi Fubara, his deputy, and members of the state’s House of Assembly, was ratified through voice votes. But according to Senator Jev, this process is flawed and unconstitutional.

Naija News reported that both chambers of the National Assembly relied on voice votes to ratify the emergency declaration. However, in an exclusive interview with Arise News on Monday, Senator Jev argued that such a method cannot accurately reflect the required two-thirds majority vote stipulated by the Constitution. His concerns highlight a deeper issue about the procedures followed by the National Assembly and their alignment with constitutional principles.

Why Voice Votes Don’t Cut It

As someone who spent 16 years in the National Assembly—12 of which were in the House of Representatives—Senator Jev knows the rules of procedure inside and out. He pointed out that while Section 60 of the Constitution allows the Senate and the House of Representatives to regulate their procedures, this power is not limitless. It must comply with the Constitution’s overarching principles. He questioned whether lawmakers have truly understood the full implications of Section 60, emphasizing that any regulation or law they create must align with the Constitution.

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Senator Jev went on to explain that the Constitution specifically requires a two-thirds majority for certain decisions, including declarations of emergency. Voice votes, he argued, cannot accurately measure such a majority because they fail to account for all three categories of voters: those saying "aye," those saying "nay," and those choosing to abstain. Without a clear record of each member's position, it becomes impossible to verify that the required two-thirds threshold has been met.

Abstentions Matter

One of the key points Senator Jev raised is the role of abstentions. He explained that some lawmakers might be present during a vote but choose not to participate, either by staying silent or deliberately abstaining. Voice votes, by their nature, do not capture these nuances. If a lawmaker doesn't shout "aye" or "nay," their silence could be misinterpreted as agreement, when in reality, they might be abstaining or simply undecided. This lack of clarity undermines the integrity of the voting process, especially when the Constitution mandates a precise numerical threshold.

Senator Jev further clarified that just because a quorum is present and no one objects loudly enough to be heard, it doesn't mean unanimous consent exists. He recalled numerous instances in the past where the National Assembly used electronic or manual voting to ensure compliance with the Constitution's requirements. These methods provide a transparent and verifiable record of each lawmaker's vote, leaving no room for ambiguity.

A Call for Better Procedures

In his interview, Senator Jev expressed respect for his colleagues in the National Assembly but firmly disagreed with their approach on this issue. He suggested that even with electronic or manual voting, the desired outcome could still have been achieved. Politics, he noted, often involves lobbying and negotiation, yet he was surprised that only a few opposition members openly opposed the voice vote method. He believes this issue should have sparked stronger resistance from the opposition, given its constitutional significance.

Senator Jev’s critique serves as a reminder of the importance of adhering to constitutional procedures, even in high-pressure situations. By challenging the use of voice votes for such critical decisions, he highlights the need for transparency and accountability in the legislative process. As Nigeria continues to navigate its political landscape, ensuring that laws and declarations are made according to the Constitution will remain essential for maintaining public trust and democratic integrity.