Amanze Chinonye
The Peoples Democratic Party (PDP) has raised concerns over the Supreme Court’s recent judgment on the powers of the President to declare a state of emergency, warning that its interpretation could pose serious risks to Nigeria’s democratic system and federal structure.
In a statement issued on Monday, the opposition party reacted to the apex court’s split decision (six to one) in Suit No: SC/CV/329/2025, filed by the Attorney-General of Adamawa State and other states against the Attorney-General of the Federation and the National Assembly.
The suit challenged the authority of the President to suspend democratically elected state officials, including governors, deputy governors and state legislatures, following the declaration of a state of emergency. Although the Supreme Court struck out the case on the grounds that it disclosed no cause of action, the court made comments on the substantive issues, which have been widely interpreted as affirming President Tinubu’s declaration of emergency rule in Rivers State earlier in the year.
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While acknowledging the finality of the Supreme Court’s authority, the PDP said it was “deeply concerned” about the broader implications of the court’s reasoning on Nigeria’s political landscape.
The party argued that the Constitution does not empower the President or any federal institution, outside a state House of Assembly or a court of law, to remove or suspend a governor during a constitutionally guaranteed term of office. It warned that allowing such an interpretation could create a dangerous precedent where emergency powers are used to coerce political compliance or alignment with the ruling party.
According to the PDP, such a development could reverse Nigeria’s democratic gains by making state governments subservient to the Federal Government and weakening the country’s federal system.
The party further cautioned that the reference to “extraordinary measures to restore peace and security” under Section 305(3)(c) of the Constitution could, if unchecked, be extended in the future to justify the suspension of other constitutional institutions, including the judiciary.
Calling for urgent action, the PDP urged the National Assembly to initiate constitutional and legislative reforms to clearly define and limit the scope of presidential emergency powers in order to prevent abuse.
It also appealed to Nigerians, civil society organisations, the media and the international democratic community to remain vigilant in defending constitutionalism, federalism and the sanctity of electoral mandates.
The statement, signed by the PDP’s National Publicity Secretary, Comrade Ini Ememobong, expressed hope that the Supreme Court would, at the next opportunity, provide clearer guidance on the constitutional boundaries of emergency powers “in the overriding interest of democracy, justice and national stability.”
Amanze Chinonye is a Staff Correspondent at Prime Business Africa, a rising star in the literary world, weaving captivating stories that transport readers to the vibrant landscapes of Nigeria and the rest of Africa. With a unique voice that blends with the newspaper's tradition and style, Chinonye's writing is a masterful exploration of the human condition, delving into themes of identity, culture, and social justice. Through her words, Chinonye paints vivid portraits of everyday African life, from the bustling markets of Nigeria's Lagos to the quiet villages of South Africa's countryside . With a keen eye for detail and a deep understanding of the complexities of Nigerian society, Chinonye's writing is both a testament to the country's rich cultural heritage and a powerful call to action for a brighter future. As a writer, Chinonye is a true storyteller, using her dexterity to educate, inspire, and uplift readers around the world.
