Peoples Democratic Party (PDP) has reacted to Wednesday’s split judgment of the Supreme Court on the contentious declaration of a state of emergency in Rivers State, describing the ruling as a defining moment for Nigeria’s democracy while calling for urgent safeguards to prevent abuse of presidential emergency powers.
In a statement signed by its National Publicity Secretary, Comrade Ini Ememobong, mnipr, the party acknowledged the authority and finality of the apex court but cautioned that the interpretation of its reasoning could have far-reaching consequences for democratic governance and federalism.
Earlier in the day, a full panel of the Supreme Court delivered a six-to-one judgment in suit SC/CV/329/2025, filed by the Attorney-General of Adamawa State and others against the Attorney-General of the Federation and the National Assembly. The suit challenged the powers of the President to suspend democratically elected officials, including a governor and deputy governor, as well as legislative institutions such as the Rivers State House of Assembly.
Although the court struck out the suit on the grounds of absence of a cause of action, it went further to make observations on the substantive issues raised — comments widely interpreted as validating President Bola Tinubu’s declaration of a state of emergency in Rivers State earlier this year.
Reacting, the PDP said it respects the Supreme Court as the final arbiter of constitutional disputes, but warned against conclusions that could weaken the foundations of democracy.
“Our concern is anchored on the age-long principle of law that the express mention of one thing excludes others (expressio unius est exclusio alterius), 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, even temporarily, during the subsistence of a constitutional term,” the party stated.
According to the PDP, any contrary interpretation risks opening a dangerous pathway where a President, with the backing of the National Assembly, could compel political compliance through emergency powers “in ways not envisaged by the Constitution.”
The party further warned that such reasoning could reverse Nigeria’s hard-won democratic gains by making state governments subservient to the Federal Government and pressuring them to “connect to the centre” politically.
More troubling, the PDP noted, is the implication of Section 305(3)(c) of the Constitution, which refers to “extraordinary measures to restore peace and security.”
“The logical extension of this reasoning… could, in the future, be interpreted to justify the suspension of other constitutional institutions, including the judiciary itself,” the statement warned.
The PDP said it finds it difficult to reconcile how, in a federation rather than a unitary system, an elected President could be empowered to dismantle the democratic structures of a federating unit, remove elected officials and appoint replacements “without consciously promoting authoritarianism and entrenching tyranny.”
As part of what it described as a proactive defence of democracy, the party called on the National Assembly to urgently introduce constitutional and legislative safeguards that clearly define and limit the scope of presidential emergency powers.
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.
Despite its concerns, the PDP expressed optimism that the Supreme Court would, at the appropriate time, further clarify the constitutional boundaries of emergency powers “in the overriding interest of justice, democracy, and the long-term stability of our Republic.