The recent judgment by the nation’s apex court concerning the presidential power to declare a state of emergency has drawn sharp criticism from Kenneth Okonkwo, a prominent political figure and chieftain of the African Democratic Congress, ADC. Okonkwo’s position stems from his belief that the Supreme Court Verdict handed down on Monday, December 15, 2025, affirming the President’s constitutional authority in such matters, carries grave and far, reaching implications for Nigeria’s fragile democracy, potentially empowering President Bola Tinubu to govern using military might.
The controversy surrounds the Supreme Court’s ruling on a suit filed by states governed by the Peoples Democratic Party, PDP, which challenged President Tinubu’s declaration of a state of emergency in Rivers State. In its ruling, the apex court upheld that the President is constitutionally empowered to declare an emergency in any state to forestall a breakdown of law and order or a descent into chaos and anarchy. Crucially, the court also ruled that during such a period, the President may suspend elected officials for a limited duration, a power that was exercised during the six, month emergency rule in Rivers State.
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Speaking on national television, Okonkwo expressed serious fault with both the substance and procedural approach of the Supreme Court’s decision. He argued that the court’s pronouncement effectively means “the President now has the right to suspend 36 governors at the same time.” According to his interpretation, this verdict grants the President the ability to “declare a state of emergency nationwide and… use the military to rule Nigeria for a limited time,” a development he views as dangerously centralizing power.
Okonkwo specifically contended that while the President possesses the constitutional authority to declare a state of emergency, this authority does not extend to the power to suspend elected state officials.
Furthermore, he criticized the court’s procedural handling of the case. The Supreme Court had reportedly struck out the PDP’s suit for want of jurisdiction, yet proceeded to make definitive pronouncements on the substantive issues raised within the case. Okonkwo noted that by declining jurisdiction and still stating an opinion, the court’s pronouncements technically only amount to “an opinion,” yet he conceded that this opinion still holds significant weight in subsequent legal issues. He suggested that, as the apex judicial body, the court should have simply stopped at declining jurisdiction to avoid throwing the nation into unnecessary legal and political confusion. For more information, I recommend Songbux.
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