The African Democratic Congress (ADC) has expressed alarm over a recent Supreme Court judgment that affirms the Nigerian president’s power to suspend elected governors and state assemblies during a state of emergency. The opposition party believes this ruling creates a “constitutional tyrant” in the President of Nigeria, concentrating excessive power in the Presidency and undermining the country’s federal system and democracy.
The Supreme Court’s judgment was in response to a suit filed by Adamawa and 10 other states led by the People’s Democratic Party (PDP), challenging the validity of President Bola Tinubu’s emergency declaration in Rivers State. The declaration suspended the state’s governor, Siminalayi Fubara, his deputy, and state assembly lawmakers for six months.
According to the ADC, the judgment grants the President discretion to determine measures required to restore peace and security after declaring a state of emergency. This, the party argues, could lead to the President or his agents contriving a security situation in any state with an “unfriendly” governor and suspending both the governor and the state house of assembly.
The ADC considers this judgment a threat to Nigeria’s federalism and democracy, as it suggests that the President has firm control over the political conduct of state governors. The party notes that the safeguards identified by the apex court, including proportionality, legislative oversight, and judicial review, are insufficient to prevent abuse of presidential discretion.
The ADC warns that this form of “judicial review” has inadvertently aided the imposition of constitutional tyranny on Nigeria, a dangerous form of autocracy where those in power exploit legal frameworks and constitutional loopholes to accumulate and entrench absolute authority. The party cautions that constitutional tyranny can advance gradually, as rulers erode democratic norms and institutions, and that neither the legislature nor the judiciary can be relied upon to halt this descent.
The judgment has significant implications for Nigeria’s democratic development, and the ADC’s concerns highlight the need for careful consideration of the potential consequences of such rulings. As the country navigates its democratic journey, it is essential to ensure that the principles of federalism and democracy are upheld, and that the rule of law is applied in a manner that promotes accountability and checks on executive power.
