Attorney-General of the Federation (AGF) and Minister of Justice, Lateef Fagbemi (SAN), yesterday said the Supreme Court’s decision affirming the President’s constitutional power to declare a state of emergency in any part of the country was a win for Nigerians.
He described the judgment as a major boost for democracy.
But the decision drew sharp criticism from the African Democratic Congress (ADC), which warned that it could endanger Nigeria’s federal system and open the door to what it termed “constitutional tyranny.”
In a statement by his spokesman, Kamarudeen Ogundele, Fagbemi said the apex court’s verdict, delivered on Monday, had strengthened Nigeria’s constitutional jurisprudence and cleared lingering doubts over the legality of the emergency rule declared in Rivers State in March by President Bola Tinubu.
The Supreme Court judgment arose from a suit filed by Adamawa State and 10 other Peoples Democratic Party (PDP)-led states, challenging the declaration of emergency rule in Rivers State and the suspension of elected officials.
“I welcome the judgment of the Supreme Court affirming the power granted the President by the Constitution to declare a state of emergency in any state in Nigeria whenever the situation arises,” Fagbemi said.
According to him, the ruling is “a win for all Nigerians” and a further consolidation of the nation’s fledgling democracy.
“The landmark judgment has further strengthened our jurisprudence and added another vital ingredient to consolidate our democracy,” he stated.
Fagbemi congratulated all parties involved in the suit, adding that the judgment had erased doubts surrounding the President’s action and its endorsement by the National Assembly.
“Nigeria is for all of us, and I assure Nigerians of the President Bola Ahmed Tinubu administration’s commitment to upholding the tenets of democracy and the rule of law at all times,” the AGF said.
ADC raises alarm
The ADC expressed deep concern over the ruling, warning that it could fundamentally alter Nigeria’s democratic structure.
In a statement issued by its National Publicity Secretary, Mallam Bolaji Abdullahi, the party said it was “alarmed by the judgment of the Supreme Court of Nigeria which grants the President the power to suspend elected governors and state assemblies during a state of emergency.”
While noting that the ruling might appear innocuous or academic on the surface, the ADC argued that it represents “a potential inflexion point in our democratic development, one that may alter the nature of our democracy forever.”
The party faulted the apex court’s position that the President has broad discretion to determine the measures required to restore peace and security following the declaration of a state of emergency.
According to the ADC, the judgment effectively empowers the President to take “any extraordinary measures if, in his opinion, such measures are necessary to restore peace in that state.”
It warned that this interpretation carries far-reaching implications.
“The obvious implication of this position by the apex court is that the President of Nigeria, or his agents, could easily contrive a security situation in any state whose governor is deemed unfriendly and proceed to suspend both the governor and the State House of Assembly,” the party stated.
Although the Supreme Court acknowledged in its judgment that no arm or tier of government is constitutionally superior to another, the ADC argued that the practical effect of the ruling suggests otherwise.
“The clear effect of the ruling grants the President firm control over the political conduct of state governors,” the statement said.
Describing the verdict as “an extremely dangerous threat to Nigeria’s federalism and democracy,” the party said the risks were compounded by what it described as weak safeguards against the abuse of presidential discretion.
It questioned the effectiveness of the safeguards cited by the court — proportionality, legislative oversight, and judicial review.
On proportionality, the ADC argued that it could not serve as a reliable check “when confronted with a President willing to do anything to retain power, including the total decimation of opposition parties.”
The party also dismissed legislative oversight as unrealistic, alleging that the National Assembly had become “a mere appendage of the Presidency.”
Regarding judicial review, the ADC said the Supreme Court’s ruling had narrowed the scope of accountability by prioritising the letter of the law over its spirit.
“With this form of judicial review, the Supreme Court has inadvertently aided the imposition of constitutional tyranny on Nigeria — a dangerous form of autocracy in which those in power exploit legal frameworks and constitutional loopholes to entrench absolute authority,” the statement said.
The party warned Nigerians to remain vigilant, noting that democratic erosion does not always occur through military coups.
“Constitutional tyranny often advances gradually, as rulers steadily erode democratic norms and institutions,” the ADC cautioned, adding that recent developments had shown that “neither the legislature nor the judiciary can be relied upon to halt this descent.”
