PDP warns of democratic backslide over Supreme Court ruling on Rivers emergency rule

By : Azimazi Momoh Jimoh, Abuja

Date: 15 December 2025 7:55pm WAT

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People's Democratic Party (PDP)

People's Democratic Party (PDP)

The Peoples Democratic Party (PDP) has expressed grave concern over the implications of the Supreme Court’s recent judgment on the declaration of a state of emergency in Rivers State, warning that prevailing interpretations of the ruling pose serious risks to Nigeria’s democratic order and federal structure.

In a statement issued on Monday by its National Publicity Secretary, Comrade Ini Ememobong, the party reacted to the apex court’s split decision (six to one) in Suit No. SC/CV/329/2025, instituted by the Attorney-General of Adamawa State and others against the Attorney-General of the Federation and the National Assembly.

The suit challenged the President’s constitutional powers to suspend democratically elected officials, including a governor and a deputy governor, as well as elected institutions such as the State House of Assembly, under the guise of emergency powers.

Although the Supreme Court struck out the suit on the grounds of absence of a cause of action, it nevertheless made pronouncements on the substantive issues raised.

These comments, according to the PDP, have been widely interpreted as endorsing President Bola Ahmed Tinubu’s declaration of a state of emergency in Rivers State earlier in the year.

While acknowledging the final authority of the Supreme Court, the PDP cautioned against what it described as a “dangerous democratic bend” that could arise from an expansive reading of the court’s reasoning.

The party argued that the Constitution clearly stipulates that no individual or institution, aside from a State House of Assembly or a court of law, has the power to remove a governor from office, even temporarily, during a constitutionally guaranteed tenure.

The party warned that any contrary interpretation could open the door to the abuse of emergency powers, enabling a president, with the backing of the National Assembly, to coerce political compliance or alignment in ways not envisaged by the Constitution.

Such a development, it said, could reverse Nigeria’s hard-won democratic gains by subordinating state governments to the Federal Government and compelling them to seek survival through alignment with the ruling party.

More troubling, the PDP noted, is the potential extension of this logic under Section 305(3)(c) of the Constitution, which allows for “extraordinary measures to restore peace and security.”

It warned that this could, in the future, be used to justify the suspension of other constitutional institutions, including the judiciary, thereby promoting authoritarianism in a federal system.

The PDP therefore called on the National Assembly to urgently initiate constitutional and legislative safeguards to clearly define and limit the scope of presidential emergency powers, thereby preventing abuse and preserving Nigeria’s federalism.

It also urged Nigerians, civil society organisations, the media and the international democratic community to remain vigilant in defending constitutionalism, federalism and the sanctity of the electoral mandate.

The party expressed hope that the Supreme Court would, at the next opportunity, provide clearer guidance on the constitutional boundaries of emergency powers in the overriding interest of justice, democracy and the long-term stability of the republic.

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