Nigeria Supreme Court judgment grants president sweeping powers

The African Democratic Congress (ADC) has voiced 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 argues that the ruling creates a “constitutional tyrant” in the presidency, concentrating excessive authority in the executive and undermining Nigeria’s federal system and democratic framework.

The Supreme Court’s decision responded to a suit filed by Adamawa and ten other states, led by the People’s Democratic Party (PDP), which challenged the validity of President Bola Tinubu’s emergency declaration in Rivers State. That declaration suspended the state’s governor, Siminalayi Fubara, his deputy, and the state assembly lawmakers for six months. According to the ADC, the judgment gives the president discretion to determine the measures needed to restore peace and security after declaring a state of emergency. The party warns that this could enable the president—or his agents—to fabricate a security crisis in any state with an “unfriendly” governor and suspend both the governor and the state house of assembly.

The ADC views the judgment as a threat to Nigeria’s federalism and democracy because it suggests that the president has firm control over the political conduct of state governors. While the apex court identified safeguards such as proportionality, legislative oversight, and judicial review, the party contends that these are insufficient to prevent abuse of presidential discretion. It warns that this form of “judicial review” has inadvertently facilitated the imposition of constitutional tyranny—a dangerous form of autocracy in which 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 therefore has significant implications for Nigeria’s democratic development. The ADC’s concerns highlight the need for careful consideration of the potential consequences of such rulings, emphasizing that as the country navigates its democratic journey, it must uphold the principles of federalism and democracy and apply the rule of law in a manner that promotes accountability and checks on executive power.