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S’Court Judgment On Rivers Threatens Nigeria’s Federalism


The African Democratic Congress (ADC) has described Monday’s Supreme Court judgment on the suit filed by Peoples Democratic Party (PDP) governors challenging the declaration of a state of emergency in Rivers State as a threat to Nigeria’s federalism and democratic order.

In a statement issued by its National Publicity Secretary, Mallam Bolaji Abdullahi, the party warned that the ruling, though described as academic in nature, concentrates excessive powers in the presidency.

ADC argued that by affirming the president’s authority to suspend elected governors and state assemblies during a state of emergency, the judgment could fundamentally alter the character of Nigeria’s democracy.

The party noted that the apex court held that the president has the discretion to determine the measures required to restore peace and security after declaring a state of emergency in any state, and may take “extraordinary measures” where, in his opinion, such steps are necessary to restore order.

According to the ADC, the implication of this position is that the president or his agents could easily contrive a security situation in any state considered politically “unfriendly” and proceed to suspend both the governor and the state House of Assembly.

The party further observed that although the same judgment acknowledges that no arm or tier of government is constitutionally superior to another, its practical effect suggests otherwise, granting the president firm control over the political conduct of state governors.

ADC contended that when confronted with a president allegedly willing to do anything to retain power, which it accused President Bola Tinubu of doing since assuming office, the principle of proportionality becomes irrelevant.

It added that the president’s influence over the National Assembly has made it increasingly difficult for the legislature to effectively hold the executive accountable.

The party accused the Supreme Court of aiding what it described as the imposition of constitutional tyranny, warning that it represents “a dangerous form of autocracy in which those in power exploit legal frameworks and constitutional loopholes to accumulate and entrench absolute authority.”

According to the ADC, constitutional tyranny does not always emerge through military coups but often advances gradually as democratic norms and institutions are steadily eroded.

“It often progresses quietly, exactly as we have witnessed over the past two years. What has now become painfully clear is that neither the legislature nor the judiciary can be relied upon to halt this descent,” the party stated.



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