The African Democratic Congress (ADC) has criticized the Supreme Court’s recent ruling that affirms the President’s power to suspend elected governors and state assemblies during a state of emergency. The party warns that this judgment poses a significant threat to Nigeria’s federalism and democratic order.
In a statement, the ADC described the decision as one that concentrates excessive powers in the Presidency, effectively creating a “constitutional tyrant.” The party argues that although the ruling may seem academic on the surface, its implications are far-reaching and potentially dangerous. The Supreme Court held that once a state of emergency is declared, the President has the discretion to determine the measures required to restore peace and security, including taking “extraordinary measures.”
The ADC notes that such wide discretion could be easily abused, allowing the President or their agents to contrive a security situation in any state and suspend the governor and state assembly. This, the party claims, contradicts the constitutional principle that no arm or tier of government is superior to another. The judgment’s practical effect, according to the ADC, places state governments firmly under presidential control, posing a threat to Nigeria’s federalism and democracy.
The party questions the safeguards cited by the Supreme Court to prevent abuse of presidential powers, including proportionality, legislative oversight, and judicial review. The ADC argues that with a President willing to do anything to retain power, proportionality is unlikely, and that the current administration has shown intolerance toward opposition parties. The party also claims that the National Assembly has been weakened, making legislative oversight implausible, and that judicial review has been compromised by the ruling itself.
The ADC warns that Nigeria is sliding toward “constitutional tyranny,” a form of autocracy achieved through legal mechanisms rather than military coups. The party cautions that this can occur gradually, as rulers erode democratic norms and institutions. Recent developments, according to the ADC, have shown that neither the legislature nor the judiciary can be relied upon to halt Nigeria’s democratic decline. The party’s statement highlights the need for vigilance in protecting Nigeria’s democratic institutions and preventing the erosion of federalism.
