The Peoples Democratic Party (PDP) has faulted the Supreme Court’s judgement affirming the president’s authority to declare a state of emergency and suspend elected officials, warning that the ruling could undermine Nigeria’s federal structure and democratic order.
In a statement issued on Monday by its spokesman, Ini Ememobong, the opposition party described the decision of the apex court as a “dangerous democratic bend with far-reaching implications” for constitutional governance.
While acknowledging the finality of Supreme Court rulings, the PDP said it was compelled to highlight what it called the wider dangers arising from the court’s reasoning and its potential impact on the country’s political landscape.
According to the party, the judgement effectively legitimises the emergency rule imposed in Rivers State and the suspension of Governor Siminalayi Fubara, his deputy, Ngozi Odu, and the State House of Assembly for six months, a move it argued was inconsistent with the 1999 Constitution (as amended).
The case, marked SC/CV/329/2025, challenged the powers of the president to suspend democratically elected officials, including a governor and deputy governor, as well as institutions such as a state house of assembly.
The PDP argued that the ruling appeared to justify the application of emergency powers even where constitutional requirements were not fully met, thereby granting the president sweeping authority to suspend a governor “at the slightest provocation.”
Citing the legal principle of expressio unius est exclusio alterius, the party maintained that the constitution clearly limits the removal of a governor to actions by a state house of assembly or a court of law, even on a temporary basis.
“To hold otherwise,” the statement said, “is to create a pathway by which a president, with the active support of the National Assembly, can compel political alignment or compliance through emergency powers in ways not envisaged by the constitution.”
The PDP further warned that the interpretation of the judgement could reverse Nigeria’s democratic gains by making state governments increasingly subservient to the federal government, encouraging them to seek political protection by aligning with the ruling party.
Ememobong questioned how, in a federal system, an elected president could be empowered to dismantle the democratic structures of a federating unit, remove elected officials and appoint replacements without fostering authoritarian rule.
He called on the National Assembly to urgently introduce constitutional and legislative safeguards to clearly define and limit the scope of presidential emergency powers in order to prevent abuse and preserve Nigeria’s federal character.
President Bola Tinubu had on 18 March imposed emergency rule in Rivers State, suspending the governor, his deputy and the state legislature for six months, and appointing a sole administrator to oversee the state.
Governors elected on the platform of the PDP subsequently challenged the move at the Supreme Court, arguing that the president’s action violated constitutional provisions on the powers, independence and functions of state governors and houses of assembly.
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