The Peoples Democratic Party (PDP) has raised a critical alarm, stating that the recent Supreme Court judgment concerning the declaration of a state of emergency in Rivers State could severely undermine Nigeria's democratic foundations and federal structure.
PDP's Grave Concerns Over Apex Court's Pronouncements
In a strongly-worded statement released on Monday, 15 December 2025, the party's National Publicity Secretary, Comrade Ini Ememobong, articulated deep unease. The reaction follows the Supreme Court's six-to-one split decision in Suit No. SC/CV/329/2025. This case was filed by the Attorney-General of Adamawa State and others against the Attorney-General of the Federation and the National Assembly.
The core of the legal challenge was the President's constitutional authority to suspend democratically elected officials, such as a governor and deputy governor, and institutions like a State House of Assembly, using emergency powers. While the court dismissed the suit due to an absence of a cause of action, it proceeded to comment on the substantive legal questions presented.
A Dangerous Precedent for Federalism and Democracy
The PDP argues that these judicial comments are being widely interpreted as an endorsement of President Bola Ahmed Tinubu's earlier declaration of a state of emergency in Rivers State. The party cautions against what it terms a "dangerous democratic bend" emerging from a broad interpretation of the court's reasoning.
The Constitution is explicit, the PDP contends, that only a State House of Assembly or a court of law holds the power to remove a governor from office, even temporarily, during their constitutionally guaranteed tenure. The party warns that any contrary interpretation creates a pathway for the abuse of emergency powers.
This could enable a President, with support from the National Assembly, to force political compliance from state governments in ways the Constitution never intended. Such a scenario, the PDP fears, would reverse democratic progress by subordinating states to the federal center and compelling them to align with the ruling party for survival.
Call for Vigilance and Constitutional Safeguards
A more troubling prospect, according to the PDP, is the potential application of this logic under Section 305(3)(c) of the Constitution. This section permits "extraordinary measures to restore peace and security." The party warns that this could, in future, be misused to justify suspending other vital institutions, including the judiciary, fostering authoritarianism within a federal system.
Consequently, the PDP has issued a dual call to action. It urges the National Assembly to urgently initiate constitutional and legislative reforms to clearly define and limit the scope of presidential emergency powers, thereby preventing abuse.
It also appeals to Nigerians, civil society, the media, and the international democratic community to remain vigilant in defending constitutionalism, federalism, and the sanctity of the electoral mandate. The party expressed hope that the Supreme Court will, at the next available opportunity, provide clearer guidance on the constitutional boundaries of emergency powers to protect justice, democracy, and national stability.
