The Peoples Democratic Party (PDP) and the African Democratic Congress (ADC) have jointly raised alarm over the Supreme Court judgment affirming the President’s power to suspend elected governors and state assembly members during a state of emergency, warning that the decision represents a dangerous turning point for Nigeria’s democracy.
The Supreme Court ruling, delivered on Monday, arose from a suit filed in April by governors elected on the platform of the PDP. The governors challenged the legality of President Bola Tinubu’s decision to suspend Rivers State Governor Siminalayi Fubara, his deputy, Ngozi Odu, and members of the Rivers State House of Assembly on March 18, 2023, following a prolonged political crisis.
During the six-month emergency, President Tinubu appointed retired Vice Admiral Ibok-Ete Ibas as Sole Administrator of Rivers State, effectively placing the state under federal control in the absence of its elected leadership. At the time, Fubara was a PDP governor, prompting the party to challenge the action in court, arguing that it violated constitutional provisions and undermined the autonomy of elected state governments.
Although the emergency rule expired on September 23, with the suspended officials having since resumed their duties, the Supreme Court affirmed that the President has the constitutional authority under Section 305 of the 1999 Constitution to declare a state of emergency and suspend elected state officials during such periods. The ruling was delivered by a six-to-one majority, with one dissenting opinion arguing that emergency powers do not extend to suspending democratically elected officeholders.
Reacting to the judgment, the PDP and ADC warned that the ruling concentrates excessive powers in the Presidency and poses a grave threat to Nigeria’s federal structure and democratic framework.
In statements by PDP National Publicity Secretary, Ini Ememobong, and ADC National Publicity Secretary, Bolaji Abdullahi, both parties argued that the decision could allow a President to manipulate emergency powers to suspend governors and legislatures in states governed by political opponents.
“The Supreme Court’s judgment effectively grants the President wide discretion to determine what measures are necessary to restore peace and security once a state of emergency is declared”, the parties said. “In practice, this could be abused to target opposition-led states, undermining constitutional governance and the will of the electorate”.
Both parties highlighted the weaknesses of the safeguards identified by the court, including proportionality, legislative oversight, and judicial review. They argued that in the current political climate, where the National Assembly is heavily aligned with the Presidency, these checks are insufficient to prevent executive overreach.
“Constitutional tyranny does not always arrive through military coups. It often advances gradually, as leaders erode democratic norms and institutions”, the PDP and ADC warned. “This ruling demonstrates that neither the legislature nor the judiciary, as currently configured, can be relied upon to halt this dangerous descent.”
The parties called on Nigerians, civil society, and political stakeholders to remain vigilant, warning that the interpretation of emergency powers should not be used as a tool for political control or to undermine federalism.
