The African Democratic Congress ADC has expressed grave concern over a recent judgment of the Supreme Court of Nigeria which grants the President the authority to suspend elected governors and state houses of assembly during a state of emergency.
In a statement issued on Saturday, the party warned that although the ruling may appear technical and academic on the surface, it represents a critical turning point that could permanently alter the character of Nigeria’s democracy.
According to the judgment, the President retains the discretion to determine the measures required to restore peace and security following the declaration of a state of emergency in any state. The court further held that the President may take extraordinary actions where such measures are deemed necessary to restore order.
The ADC noted that the practical implication of this interpretation is deeply troubling. The party argued that the ruling creates a pathway through which a President, or agents acting on his behalf, could manufacture or exaggerate security challenges in states governed by political opponents, leading to the suspension of both the governor and the state legislature.
While acknowledging that the same judgment affirms that no arm or tier of government is constitutionally superior to another, the ADC maintained that the effect of the ruling contradicts this principle by granting the Presidency overwhelming control over the political fate of state governments.
The party described the judgment as a direct threat to Nigeria’s federal structure and democratic balance.
The ADC further examined the safeguards identified by the Supreme Court as checks against abuse of presidential power, including proportionality, legislative oversight, and judicial review, arguing that these safeguards are largely ineffective in the current political climate.
According to the party, proportionality cannot be guaranteed under an administration perceived as intolerant of opposition and willing to deploy state power to entrench itself. It also questioned the viability of legislative oversight, citing what it described as the effective subjugation of the National Assembly and its failure to operate as an independent arm of government.
On judicial review, the ADC argued that the judgment itself has narrowed the scope of meaningful judicial restraint. The party said the court’s emphasis on the strict letter of the law, rather than its democratic spirit, has legitimized the very dangers the Constitution was designed to prevent.
The ADC warned that this development risks ushering in what it described as constitutional tyranny, a form of governance in which legal mechanisms are manipulated to concentrate power and erode democratic safeguards.
The party cautioned Nigerians that democratic collapse does not always occur through overt military intervention, but often advances gradually through the steady weakening of institutions and norms.
It concluded by warning that recent developments suggest that neither the legislature nor the judiciary can currently be relied upon to halt Nigeria’s democratic decline, urging citizens to remain vigilant in defence of constitutional democracy.
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