…Ruling entrenches ‘constitutional tyranny’, threatens federalism- Opposition
…Judgment reinforces democracy, rule of law, FG insists
BY TONY UDOKA
Monday’s Supreme Court ruling validating the President’s powers to declare a state of emergency and suspend elected officials has pitched the Federal Government against major opposition political parties, with sharply differing views on the implications of the decision for Nigeria’s democratic process.
While the judgment has continued to attract strong condemnation from opposition parties and stakeholders who warn that concentrating such powers in the hands of a sitting President could imperil democracy and Nigeria’s fragile federal structure, the Federal Government has applauded the apex court, insisting the ruling strengthens, rather than weakens, the nation’s democracy.
Recall that opposition Peoples Democratic Party (PDP) governors had approached the Supreme Court to challenge President Bola Tinubu’s declaration of a state of emergency in Rivers State on March 18, 2025, as well as the appointment of a sole administrator to oversee the affairs of the state.
The governors sought a declaration that the President acted ultra vires by dismantling democratic structures, including the removal of Governor Siminalayi Fubara, his deputy, and the entire membership of the Rivers State House of Assembly.
The apex court determined the matter on Monday in a split decision by a seven-member panel. In the majority judgment of six, read by Justice Mohammed Idris, the court held that the President acted in line with Section 305 of the 1999 Constitution, which empowers him to take extraordinary measures to restore normalcy where a state of emergency has been declared.
Reacting to the ruling, the African Democratic Congress (ADC) criticised the Supreme Court for affirming the President’s power to suspend elected governors and state assemblies during a state of emergency, warning that the judgment poses a grave threat to Nigeria’s federalism and democratic order.
In a statement issued on Tuesday by its National Publicity Secretary, Mallam Bolaji Abdullahi, the opposition coalition warned that the decision could push the country towards what it described as “constitutional tyranny” by concentrating excessive powers in the Presidency.
The ADC noted that although the ruling appears “academic” on the surface, its implications are far-reaching and dangerous.
“Although the ruling appears innocuously academic, it represents a potential inflection point in our democratic development, one that may alter the nature of our democracy forever,” the statement said.
The party lamented that the apex court’s decision empowers the President to unilaterally determine the measures required to restore peace and security under emergency rule, including taking what it termed “extraordinary measures,” warning that such wide discretion could easily be abused.
The opposition coalition insisted that the judgment contradicts the constitutional principle that no arm or tier of government is superior to another, arguing that its practical effect places state governments firmly under presidential control.
“The obvious implication of this position is that the President, or his agents, could contrive a security situation in any state whose governor is deemed ‘unfriendly’ and proceed to suspend both the Governor and the State House of Assembly.
“The clear effect of the ruling grants the President firm control over the political conduct of state governors. This is an extremely dangerous threat to Nigeria’s federalism and democracy.
“When confronted with a President willing to do anything to retain power, proportionality is clearly out of the question,” the statement added.
The party further alleged that the National Assembly has been weakened, claiming it has abandoned its statutory role of checking executive excesses by approving presidential requests without adequate scrutiny.
“With the President’s effective conquest of the National Assembly, and a legislature that has shamefully reduced itself to a mere appendage of the Presidency, legislative oversight is equally implausible,” the statement said.
“This very judgment has settled any doubt as to the nature of review that is now possible, when the highest court prioritises the letter of the law over its spirit,” Abdullahi added.
The ADC warned that Nigeria is sliding toward “constitutional tyranny,” a form of autocracy achieved through legal mechanisms rather than military coups.
“Constitutional tyranny does not always arrive through military coups. It often advances gradually, as rulers steadily erode democratic norms and institutions,” the party cautioned.
According to the ADC, such tyranny often progresses quietly, exactly as witnessed in recent years, adding that it has become increasingly clear that neither the legislature nor the judiciary can be relied upon to halt this decline.
The Peoples Democratic Party (PDP) also expressed grave concern over the implications of the Supreme Court’s judgment, warning that prevailing interpretations of the ruling pose serious risks to Nigeria’s democratic order and federal structure.
In a statement issued on Monday by its National Publicity Secretary, Comrade Ini Ememobong, the PDP referred to the apex court’s split decision in Suit No. SC/CV/329/2025, instituted by the Attorney-General of Adamawa State and others against the Attorney-General of the Federation and the National Assembly, warning against what it described as a “dangerous democratic bend.”
The PDP argued that the Constitution clearly stipulates that no individual or institution, aside from a State House of Assembly or a court of law, has the power to remove a governor from office, even temporarily, during a constitutionally guaranteed tenure.
It warned that any contrary interpretation could open the door to abuse of emergency powers, allowing a President, with the backing of the National Assembly, to coerce political compliance in ways not envisaged by the Constitution.
Such a development, the party said, could reverse Nigeria’s democratic gains by subordinating state governments to the Federal Government and compelling political alignment for survival.
The PDP further cautioned that the judgment could, in future, be used to justify the suspension of other constitutional institutions, including the judiciary, thereby promoting authoritarianism within a federal system.
In a similar condemnation, legal practitioner Kenneth Okonkwo argued that while the President has the constitutional authority to declare a state of emergency, he does not possess the power to suspend elected officials.
Okonkwo, who is also a member of the ADC National Working Committee, expressed disagreement with the court’s position during an appearance on Channels Television on Tuesday in Abuja.
He criticised the Supreme Court for striking out the suit for want of jurisdiction while still commenting on the substantive issues raised.
“They said they don’t have jurisdiction, so what they stated amounts to an opinion. While such opinions may still matter in legal discourse, if I were in their position, I would not have done that,” he said.
However, commending the judgment, the Federal Government—through the Attorney-General of the Federation (AGF) and Minister of Justice, Lateef Fagbemi (SAN)—hailed Monday’s decision as a victory for democracy.
In a statement issued on Tuesday by his spokesman, Kamarudeen Ogundele, Fagbemi described the judgment as a win for all Nigerians and said it would further consolidate Nigeria’s fledgling democracy.
The AGF said the Supreme Court ruling had cleared any doubts about the President’s actions regarding the Rivers State emergency rule.
“I welcome the judgment of the Supreme Court affirming the power granted to the President by the Constitution to declare a state of emergency in any state in Nigeria whenever the situation arises,” Fagbemi said.
“The landmark judgment has further strengthened our jurisprudence and added another vital ingredient to consolidate our democracy.
“I congratulate all parties in the matter, as it is a win for our fledgling democracy and has helped erase any doubt anyone might have had about the action of the President and the endorsement by the National Assembly.
“Nigeria belongs to all of us, and I assure Nigerians of the Bola Ahmed Tinubu administration’s commitment to upholding the tenets of democracy and the rule of law at all times.”