The Peoples Democratic Party (PDP) has raised a red flag over the potential implications of a recent Supreme Court ruling concerning presidential powers to declare a state of emergency, warning it could set a dangerous precedent for Nigeria’s democracy and federal structure.
The party’s alarm follows a split decision (6-1) by the apex court in the suit Attorney-General of Adamawa State & Others v. Attorney-General of the Federation & the National Assembly (SC/CV/329/2025), which challenged the constitutionality of President Bola Tinubu’s earlier declaration of a state of emergency in Rivers State.
While the Supreme Court struck out the case for lack of a cause of action, the PDP, in a statement issued on Monday in Abuja by its National Publicity Secretary, Comrade Ini Ememobong, argued that the court’s accompanying commentary has been broadly interpreted as an endorsement of expansive presidential emergency powers.
The party expressed deep concern that the ruling’s reasoning, if left unchecked, could empower the presidency to suspend democratically elected state officials, including Governors and State Houses of Assembly.
“Our concern is anchored on the long-standing legal principle that the express mention of one thing excludes others, and the clear constitutional position that no person or institution, other than the State House of Assembly or a court of law, is empowered to remove a Governor from office during their constitutional term,” the statement read.
The PDP cautioned that the interpretation of the judgment creates a pathway for the President, backed by the National Assembly, to leverage emergency declarations as a tool for political coercion against state governments.
Further, the party warned that such a precedent could, in future, be extended to justify the suspension of other core constitutional institutions, including the judiciary.
To avert this perceived threat, the PDP called for urgent legislative action. It urged the National Assembly to introduce constitutional amendments and legislative safeguards to clearly define and circumscribe the scope of presidential emergency powers.
The party also appealed to Nigerians, civil society organisations, the media, and the international democratic community to remain vigilant in defending the principles of constitutionalism, federalism, and the sanctity of electoral mandates.
Concluding its statement, the PDP expressed hope that the Supreme Court would, at the next appropriate opportunity, provide definitive clarity on the constitutional limits of emergency powers to ensure justice, democratic integrity, and long-term national stability.
