The Peoples Democratic Party (PDP) has raised serious concerns over the implications of the Supreme Court’s recent judgment on the declaration of a state of emergency in Rivers State, warning that the ruling could weaken Nigeria’s democratic structure and undermine federalism if left unchecked.
In a press release issued on Sunday and signed by its National Publicity Secretary, Comrade Ini Ememobong, the opposition party reacted to the apex court’s split decision in a suit filed by the Attorney-General of Adamawa State and others against the Attorney-General of the Federation and the National Assembly.
The suit, marked SC/CV/329/2025, challenged the constitutional authority of the President to suspend democratically elected officials, including a Governor and Deputy Governor, as well as legislative institutions such as the Rivers State House of Assembly under emergency powers.
Although the Supreme Court struck out the suit on the ground that it disclosed no cause of action, the PDP noted that comments made by the justices in the course of the judgment have been widely interpreted as validating President Bola Ahmed Tinubu’s declaration of a state of emergency in Rivers State earlier this year.
While affirming its respect for the authority and finality of the Supreme Court, the PDP cautioned that the interpretation being given to the court’s reasoning poses what it described as “grave dangers” to Nigeria’s democratic order.
According to the party, the Constitution clearly does not empower the President or the National Assembly to remove or suspend a sitting Governor outside the mechanisms expressly provided by law, namely impeachment by the State House of Assembly or removal by a court of competent jurisdiction.
The PDP warned that any contrary interpretation opens the door to potential abuse of emergency powers, allowing a President, with legislative backing, to coerce political compliance from state governments in ways not envisaged by the Constitution.
The opposition party further argued that such a precedent could reverse Nigeria’s democratic gains by effectively making state governments subservient to the Federal Government, forcing them to seek political protection by aligning with the ruling party at the centre.
Of particular concern, the PDP said, is the expansive reading of Section 305(3)(c) of the Constitution, which permits “extraordinary measures to restore peace and security.” The party warned that if this reasoning is not clearly limited, it could in future be used to justify the suspension of other constitutional institutions, including the judiciary.
Describing the development as incompatible with the principles of federalism, the PDP questioned how an elected President in a federation could be allowed to dismantle democratic structures in a federating unit, remove elected leaders, and install appointed administrators without promoting authoritarian rule.
The party called on the National Assembly to urgently initiate constitutional and legislative reforms to clearly define and restrict the scope of presidential emergency powers in order to prevent abuse and protect Nigeria’s federal system.
It also urged Nigerians, civil society organisations, the media, and the international democratic community to remain vigilant in defending constitutionalism, federalism, and the sanctity of the electoral mandate.
The PDP expressed hope that the Supreme Court would, at the next opportunity, offer a more comprehensive clarification on the constitutional boundaries of emergency powers in the interest of democracy, justice, and long-term national stability.
