Home » PDP Faults Supreme Court Ruling on Emergency Powers, Warns of Threat to Democracy

PDP Faults Supreme Court Ruling on Emergency Powers, Warns of Threat to Democracy

Isiyaku Ahmed
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The Peoples Democratic Party (PDP) has criticised the Supreme Court’s judgment, which upheld the President’s powers to declare a state of emergency and suspend elected officials in any part of the country, warning that the ruling poses serious risks to Nigeria’s democracy and federal structure.

In a statement issued on Monday by its spokesperson, Ini Ememobong, the party described the apex court’s decision as a “dangerous democratic bend with far-reaching implications” for constitutional governance and federalism.

While acknowledging the authority and finality of the Supreme Court, the PDP said it was compelled to draw public attention to what it described as the grave dangers that could arise from the interpretation of the judgment and its impact on the nation’s political landscape.

According to PDP, the outcome of the case effectively gives legal backing to the declaration of emergency rule in Rivers State and the six-month suspension of Governor Siminalayi Fubara and the Rivers State House of Assembly, a development it said threatens the sustenance of democracy.

The suit, marked SC/CV/329/2025, challenged the President’s powers to suspend democratically elected officials, including a governor and deputy governor, as well as democratic institutions such as the state House of Assembly.

The PDP argued that the judgment appeared to justify the imposition of emergency rule even where it was not carried out in strict compliance with the provisions of the 1999 Constitution (as amended), thereby granting the President sweeping powers to suspend a governor at the slightest provocation.

The party maintained that, under constitutional principles and long-established legal doctrine, only a state House of Assembly or a court of law has the authority to remove a governor from office, even temporarily, during a constitutionally guaranteed tenure.

It warned that any contrary interpretation could open the door for a president, with the support of the National Assembly, to use emergency powers as a tool to compel political alignment or compliance in ways not envisaged by the constitution.

The PDP further cautioned that the judgment could undermine Nigeria’s hard-won democratic gains by making state governments excessively dependent on the federal government, potentially forcing them to seek favour at the centre by aligning with the ruling party.

Questioning the implications for federalism, the party said it was difficult to reconcile how, in a federation rather than a unitary system, an elected president could be empowered to dismantle democratic structures at the state level, remove elected officials, and appoint new leadership without promoting authoritarianism.

Ememobong therefore called on the National Assembly to urgently initiate constitutional and legislative safeguards to clearly define and limit the scope of the President’s emergency powers, warning that such measures were necessary to prevent abuse and preserve Nigeria’s federal system.

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