PDP Warns Supreme Court Ruling Threatens Nigeria’s Federalism

Nigeria’s main opposition party, the Peoples Democratic Party, has criticised a Supreme Court ruling that upheld the president’s authority to declare a state of emergency and suspend elected officials.

In a statement issued on Monday, the party’s spokesperson, Ini Ememobong, warned that the judgement could weaken federalism and undermine constitutional governance. He described the ruling as a dangerous precedent with long-term consequences for democracy.

The Supreme Court decision followed a legal challenge questioning whether the president has the power to suspend democratically elected officials, including a state governor and a state assembly, during the declaration of emergency rule. The case, marked SC/CV/329/2025, arose from events in Rivers State.

President Bola Tinubu imposed emergency rule in the state on 18 March, suspending Governor Siminalayi Fubara, his deputy Ngozi Odu and the Rivers State House of Assembly for six months. A sole administrator was appointed to oversee the state during that period.

The PDP said the court’s judgement effectively validated those actions, despite what it described as non-compliance with the 1999 Constitution. According to the party, the ruling appeared to justify the suspension of a governor outside the limited circumstances expressly provided for under the constitution.

Mr Ememobong argued that only a state house of assembly or a court of law has the authority to remove a governor, even temporarily. He warned that any broader interpretation could allow a president, with the backing of the National Assembly, to use emergency powers to force political loyalty or compliance.

The party said such an approach risks reversing democratic progress by making state governments subordinate to the federal authorities. It added that this could pressure states to align politically with the ruling party in order to maintain stability.

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Questioning the implications for Nigeria’s federal structure, the PDP said it was incompatible with democratic principles for an elected president to dissolve the institutions of a federating state and appoint alternative leadership.

The party has now called on the National Assembly to introduce clear constitutional and legislative limits on presidential emergency powers, warning that failure to do so could lead to abuse and threaten the country’s federal system.

Governors elected under the PDP banner had earlier challenged the emergency rule at the Supreme Court, arguing that it violated constitutional provisions on the independence and functions of state governments and legislatures.