The African Democratic Congress (ADC) has issued a stern warning, declaring that a recent Supreme Court judgment endorsing expansive presidential powers during a state of emergency poses a grave danger to Nigeria's democracy and federal structure.
A Judgment That Creates a 'Constitutional Tyrant'
In a statement released on 16 December 2025 and signed by its National Publicity Secretary, Mallam Bolaji Abdullahi, the party expressed deep alarm. The ADC argued that the Supreme Court's decision effectively creates a 'constitutional tyrant' by affirming the President's authority to suspend elected governors and dismantle state assemblies under emergency rule.
The party stated that while the ruling might seem purely academic on the surface, it sets an extremely dangerous precedent. It concentrates excessive power in the Presidency, undermining the delicate balance of Nigeria's federal system. The court held that the President has the discretion to determine necessary measures to restore peace after declaring an emergency, which could include 'any extraordinary measures' deemed essential.
Potential for Abuse and Erosion of Safeguards
The ADC highlighted the clear risk of abuse. It warned that a President could theoretically contrive a security situation in a state with an 'unfriendly' governor and use these powers to suspend the state's democratic structures. This, the party contends, grants the President firm control over the political conduct of state governors, contradicting the constitutional principle that no arm or tier of government is superior to another.
The party further dissected the supposed safeguards against abuse mentioned by the court—proportionality, legislative oversight, and judicial review—and declared them ineffective in the current political climate.
Why the Checks and Balances Have Failed
Firstly, the ADC argued that proportionality is impossible with a President willing to do anything to retain power. Secondly, it claimed legislative oversight is implausible with a National Assembly that has become an 'appendage of the Presidency.' Finally, on judicial review, the ADC asserted that this very judgment demonstrates the problem, as the Supreme Court prioritized the letter of the law over its spirit, thereby sanctioning the danger it was meant to prevent.
A Descent into Constitutional Tyranny
The ADC's statement concluded with a dire caution to Nigerians. It warned that constitutional tyranny does not always arrive via military coup but can advance gradually as democratic norms are eroded. The party lamented that neither the legislature nor the judiciary now appears reliable to halt this descent, following what has been witnessed over the past two years under President Bola Ahmed Tinubu.
By this ruling, the ADC believes the Supreme Court has inadvertently aided the imposition of a dangerous autocracy, where those in power exploit legal frameworks to entrench absolute authority, threatening the very foundation of the nation's democracy.
