S’Court ruling on president’s emergency powers dangerous – ADC

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The African Democratic Congress has faulted the Supreme Court’s ruling that affirmed the President’s authority to suspend elected governors and state assemblies during a state of emergency, describing the decision as a troubling development for Nigeria’s democracy.

In a statement issued on Tuesday, the party’s National Publicity Secretary, Bolaji Abdullahi, cautioned that the ruling poses serious risks to constitutional order, federalism and the mandate given to elected officials by voters.

The ADC said the judgment effectively vests excessive powers in the presidency, warning that such concentration of authority undermines the foundations of democratic governance in the country.

“The African Democratic Congress is alarmed by the judgment of the Supreme Court, which grants the President the power to suspend elected governors and state assemblies during a state of emergency.

“While the ruling may seem academic, it represents a critical inflexion point in our democracy that could permanently alter its nature,” the party said.

According to the ADC, the decision empowers the President to unilaterally determine measures for restoring peace and security in any state, opening the door for the suspension of governors and assemblies on political grounds.

The party argued that despite the Supreme Court’s assertion that no arm or level of government is constitutionally superior, the ruling in effect places state governments under the dominance of the presidency.

It also dismissed the safeguards highlighted by the court—proportionality, legislative oversight and judicial review—as largely ineffective in the current political climate.

The ADC maintained that legislative oversight is unrealistic where the legislature is aligned with the executive, while the judiciary’s emphasis on legal technicalities over democratic values weakens the effectiveness of judicial review.

“The Supreme Court has inadvertently facilitated a form of constitutional tyranny, enabling those in power to exploit legal frameworks and constitutional loopholes to entrench absolute authority,” the statement said.

The party warned that democratic erosion does not always occur through abrupt military takeovers but often advances gradually as those in power weaken institutions and norms, a pattern it said has been evident in recent years.

It concluded that under present circumstances, neither the legislature nor the judiciary can be fully relied upon to halt this downward trajectory.

Politics Nigeria reports that the ruling, delivered on Monday, stemmed from a suit filed in April by governors elected on the platform of the Peoples Democratic Party (PDP).

The PDP governors had challenged President Bola Tinubu’s suspension of Rivers State Governor Siminalayi Fubara, his deputy, Professor Ngozi Odu, and members of the state House of Assembly during a prolonged political crisis in the state.

Following the suspension, the President appointed retired Vice Admiral Ibok-Ete Ibas as Sole Administrator of Rivers State for a six-month period, effectively placing the state under federal control.

Although the emergency rule lapsed on September 23 and the suspended officials subsequently returned to office, the Supreme Court upheld the President’s constitutional authority to declare a state of emergency and suspend elected state officials during such periods.

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