The Peoples Democratic Party has expressed concern over the Supreme Court’s split judgment on the declaration of a state of emergency in Rivers State, warning that its interpretation could pose serious risks to Nigeria’s democracy.
In a press release signed by its National Publicity Secretary, Comrade Ini Ememobong, the party reacted to the Supreme Court’s six to one decision in suit number SC CV 329 2025, filed by the Attorney General of Adamawa State and others against the Attorney General of the Federation and the National Assembly.
According to the statement, the suit challenged “the powers of the President to suspend democratically elected officials like the Governor and Deputy Governor, and democratic institutions such as the Rivers State House of Assembly.”
The PDP noted that although the apex court struck out the case on the grounds of absence of a cause of action, it nevertheless made comments that have been “largely interpreted as upholding President Bola Tinubu’s declaration of a state of emergency in Rivers State earlier this year.”
“While we respect the authority of the apex court and recognise its finality within our jurisdiction, we are nevertheless compelled to draw attention to the grave dangers that can emanate from the interpretation of the reasoning in this judgement on the political landscape of our country,” the party said.
The PDP argued that the Constitution does not empower the President or the National Assembly to remove a governor from office, even temporarily, during a subsisting constitutional term.
“Our concern is anchored on the age long principle of law that the express mention of one thing excludes others and the clear constitutional position that no person or institution other than the State House of Assembly or a court of law is empowered to remove a Governor from office,” the statement said.
It warned that any contrary interpretation could allow a President, with legislative backing, to use emergency powers to force political compliance.
“To hold otherwise is to create a pathway by which a President, with the active support of the National Assembly, can compel political alignment or compliance through the instrumentality of emergency powers in ways not envisaged by the Constitution,” the PDP said.
The party further cautioned that such reasoning could reverse democratic gains and weaken Nigeria’s federal structure.
“We submit that the interpretation of this judgment has the potential to reverse the hard won democratic gains by unwittingly making state governments completely subservient to the Federal Government,” it said.
The PDP also raised concerns about possible future implications for other institutions, including the judiciary.
“More troubling is the fact that the logical extension of this reasoning could, in the future, be interpreted to justify the suspension of other constitutional institutions, including the judiciary itself,” the statement added.
Calling for action, the PDP urged the National Assembly to introduce safeguards to prevent abuse of emergency powers.
“We hereby call on the National Assembly to urgently initiate constitutional and legislative safeguards that clearly define and limit the scope of emergency powers of the president, to prevent imminent abuse and preserve Nigeria’s federation,” it said.
The party also appealed to Nigerians, civil society, the media and the international community to remain vigilant in defending constitutional democracy, while expressing hope that the Supreme Court would clarify the boundaries of emergency powers in future judgments.
Faridah Abdulkadiri
Follow us on:
