The Peoples Democratic Party (PDP) has strongly criticised the Supreme Court’s judgment affirming the President’s power to declare a state of emergency and suspend elected officials, warning that the ruling poses a serious threat to Nigeria’s democracy and federal structure.
In a statement issued on Monday by its spokesperson, Ini Ememobong, the PDP described the verdict as a “dangerous democratic bend with far-reaching implications for constitutional governance and federalism.”
While acknowledging the final authority of the apex court, the party said it was compelled to highlight the grave risks inherent in the court’s reasoning.
“We respect the authority and finality of the Supreme Court, but we must draw attention to the serious dangers that may flow from the interpretation of this judgment on Nigeria’s political landscape,” the statement said.
The PDP argued that the ruling effectively legitimises the emergency rule declared in Rivers State, including the six-month suspension of Governor Siminalayi Fubara, his deputy, and the State House of Assembly, a development the party says undermines democratic norms.
The case, SC/CV/329/2025, challenged the President’s authority to suspend democratically elected officials and institutions during a state of emergency. According to the PDP, the judgment appears to justify emergency rule even where it does not strictly comply with the provisions of the 1999 Constitution (as amended).
The party warned that the decision could empower a president to suspend a sitting governor “at the slightest provocation,” a scenario it said was never contemplated by the Constitution.
Invoking the legal principle expressio unius est exclusio alterius—the express mention of one thing excludes others—the PDP stressed that only a State House of Assembly or a court of law has the constitutional authority to remove a governor, even temporarily.
“To hold otherwise is to create a pathway through which a president, with the backing of the National Assembly, can coerce political alignment or compliance through emergency powers in a manner not envisaged by the Constitution,” the statement added.
The PDP further warned that the judgment could reverse Nigeria’s hard-won democratic gains by making state governments subservient to the federal government, forcing them to seek political survival by aligning with the ruling party.
“In a federation—not a unitary system—it is deeply troubling that an elected president can dismantle the democratic structures of a federating unit, remove elected officials, and impose appointed leadership without promoting authoritarianism and entrenching tyranny,” Ememobong said.
The party therefore called on the National Assembly to urgently enact constitutional and legislative safeguards to clearly define and limit the scope of presidential emergency powers, in order to prevent abuse and protect Nigeria’s federal system.
Background
On March 18, President Bola Ahmed Tinubu declared a state of emergency in Rivers State, suspending Governor Siminalayi Fubara, Deputy Governor Ngozi Odu, and the State House of Assembly for six months, and appointing a sole administrator.
Governors elected on the PDP platform subsequently challenged the legality of the action at the Supreme Court, arguing that it violated constitutional provisions on the autonomy and tenure of state governments and legislatures.
