By Sodiq Adelakun
The African Democratic Congress (ADC) has criticised the Supreme Court’s judgment affirming the President’s power to suspend elected governors and state assemblies during a state of emergency, warning that it poses a serious threat to Nigeria’s democracy and federal system.
In a statement issued on Tuesday, ADC National Publicity Secretary, Bolaji Abdullahi, described the ruling as a “dangerous turning point” that could undermine constitutional governance and the will of the electorate.
The party said the judgment concentrates excessive authority in the hands of the President, arguing that it enables the executive to determine measures for restoring peace and security in any state, including suspending elected officials, potentially for political reasons.
“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 appear academic, it represents a critical inflection point in our democracy that could permanently alter its nature,”the statement read.
Although the Supreme Court noted that no arm or tier of government is constitutionally superior to another, the ADC contended that the decision effectively gives the presidency undue control over state governments.
The party also faulted the safeguards cited by the court proportionality, legislative oversight, and judicial review describing them as ineffective in practice.
It argued that a legislature aligned with the presidency weakens oversight, while the courts’ emphasis on legal technicalities over democratic principles diminishes meaningful 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 ADC said.
The party warned that democratic erosion often occurs gradually rather than through military coups, adding that such a trend has been evident in Nigeria over the past two years. It further expressed concern that neither the legislature nor the judiciary can presently be relied upon to halt this decline.
The judgment, delivered on Monday, arose from a suit filed in April by governors elected on the platform of the Peoples Democratic Party (PDP). The governors 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.
Following the suspension, the President appointed retired Vice Admiral Ibok-Ete Ibas as sole administrator of Rivers State for six months, placing the state under federal control.
Although the emergency rule expired on September 23 and the suspended officials have since resumed office, the Supreme Court upheld the President’s constitutional authority to declare a state of emergency and suspend elected state officials during such periods.
