The Peoples Democratic Party (PDP) has raised serious concerns over the implications of the Supreme Court’s recent split ruling on the declaration of a state of emergency in Rivers State, warning that the interpretation of the judgment could pose a threat to Nigeria’s democratic framework.
In a statement issued by the party’s National Publicity Secretary, Comrade Ini Ememobong, the PDP reacted to the apex court’s six-to-one decision in suit number SC CV 329/2025.
The case, brought before the court by the Attorney General of Adamawa State and other petitioners, challenged the Attorney General of the Federation and the National Assembly over the constitutional limits of emergency powers.
The suit questioned whether the President could lawfully suspend democratically elected officials, including the Governor and Deputy Governor of a state, as well as legislative bodies such as the Rivers State House of Assembly.
While the Supreme Court ultimately struck out the case on the technical ground of absence of a cause of action, the PDP expressed concern over comments made in the judgment that appeared, in public interpretation, to support President Bola Tinubu’s earlier declaration of a state of emergency in Rivers State.
“While we respect the authority of the apex court and recognise the finality of its decisions within our jurisdiction, we are nevertheless compelled to draw attention to the grave dangers that may arise from the interpretation of this judgment on Nigeria’s political landscape,” the PDP said in its statement.
The party underscored that the Nigerian Constitution does not grant the President or the National Assembly the power to remove a sitting governor, even temporarily, during a governor’s constitutionally defined term.
“Our concern is anchored on the long-standing legal principle that the explicit mention of one thing excludes others, coupled with the clear constitutional position that only the State House of Assembly or a competent court can remove a Governor from office,” the statement added.
The PDP warned that any contrary reading of the judgment could set a precedent allowing the federal government to leverage emergency powers for political compliance.
“To hold otherwise is to create a pathway by which a President, with the active support of the National Assembly, can compel political alignment through emergency powers in ways not envisaged by the Constitution,” the party said.
Beyond immediate political concerns, the PDP cautioned that the judgment could undermine Nigeria’s federal system and weaken democratic institutions.
“The interpretation of this judgment risks reversing hard-won democratic gains by making state governments effectively subordinate to the Federal Government,” the statement noted.
The party also highlighted potential future implications for other branches of government, including the judiciary.
“More troubling is that this reasoning could, in the future, be extended to justify suspending other constitutional institutions, including the judiciary itself,” it added.
In response, the PDP called on the National Assembly to act swiftly, introducing legislative safeguards to clearly define and limit presidential emergency powers.
It also appealed to Nigerians, civil society organizations, the media, and the international community to remain vigilant in defending the principles of constitutional democracy.
The party expressed hope that the Supreme Court would provide further clarity on the scope of emergency powers in future rulings.
