The Peoples Democratic Party (PDP) has expressed deep concerns over the implications of a recent Supreme Court judgment regarding the powers of the President to declare a state of emergency, warning that the ruling could pose risks to Nigeria’s democratic structures.
The Supreme Court delivered a split decision (six to one) in the suit filed by the Attorney-General of Adamawa State and others against the Attorney-General of the Federation and the National Assembly (SC/CV/329/2025).
The suit challenged the legality of the President’s power to suspend democratically elected officials, including the Governor and Deputy Governor of Rivers State, as well as the Rivers State House of Assembly.
While the Apex Court struck out the case for lack of a cause of action, it provided commentary that has largely been interpreted as endorsing President Bola Tinubu’s earlier declaration of a state of emergency in Rivers State.
In a statement issued on Monday, PDP National Publicity Secretary Comrade Ini Ememobong noted that while the party respects the authority of the Supreme Court, the reasoning in the judgment raises serious concerns for the nation’s federal democracy.
READ ALSO: JUST IN: S’Court Dismisses PDP States’ Suit Against Rivers State Emergency Rule
“Our concern is anchored on the age-long principle of law that the express mention of one thing excludes others (expressio unius est exclusio alterius), and the clear constitutional position that no person or institution, other than the State House of Assembly or a court of law, is empowered to remove a Governor from office, even temporarily, during the subsistence of a constitutional term,” the statement said.
Read Also
The party warned that the interpretation of the ruling could allow the President, with support from the National Assembly, to compel political alignment from state governments using emergency powers, potentially undermining federalism.
PDP also highlighted the risk that future interpretations could extend to the suspension of other constitutional institutions, including the judiciary.
The party called on the National Assembly to introduce constitutional and legislative safeguards to clearly define and limit presidential emergency powers.
It also urged Nigerians, civil society, the media, and the international democratic community to remain vigilant in defending constitutionalism, federalism, and the electoral mandate.
The statement concluded by expressing hope that the Supreme Court will, in the future, clarify the constitutional boundaries of emergency powers in the interest of justice, democracy, and national stability.
