Nigeria’s main opposition Peoples Democratic Party (PDP) has expressed grave concerns over the Supreme Court’s recent judgment on presidential emergency powers, describing it as a potential threat to the country’s democratic framework and federal structure.
In a statement issued on Monday by National Publicity Secretary Comrade Ini Ememobong, the PDP reacted to the apex court’s split 6-1 decision in suit SC/CV/329/2025.
Read related story from New Daily Prime: Supreme court upholds president’s power to declare emergency, suspend elected officials
The case, filed by the Attorney-General of Adamawa State and others against the Attorney-General of the Federation and the National Assembly, challenged the constitutionality of President Bola Tinubu’s declaration of a state of emergency in Rivers State earlier this year.
The Supreme Court struck out the suit for lack of cause of action but proceeded to offer comments interpreted by many as affirming the President’s authority under Section 305 of the 1999 Constitution to take “extraordinary measures,” including the temporary suspension of elected officials, to restore peace and security.
While acknowledging the court’s finality, the PDP argued that the ruling’s implications could undermine hard-won democratic gains.
Invoking the legal maxim “expressio unius est exclusio alterius” ‘the express mention of one thing excludes others’, the party contended that only a State House of Assembly or a court can remove a governor, even temporarily.
The opposition warned that the judgment might render state governments subservient to the federal centre, compelling alignment with the ruling party.
It highlighted risks of future abuse, suggesting emergency powers could extend to suspending other institutions, including the judiciary, thereby promoting authoritarianism in a federation.
President Tinubu had declared the emergency in Rivers State on 18 March 2025 amid a protracted political crisis involving Governor Siminalayi Fubara and factions in the State House of Assembly.
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The measure suspended the governor, deputy, and lawmakers for six months, ending in September with their reinstatement.
The PDP urged the National Assembly to enact safeguards limiting emergency powers and called on civil society, the media, and the international community to defend constitutionalism and federalism.
It expressed hope for future clarification from the Supreme Court to protect democracy and national stability.
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