The African Democratic Congress (ADC) has accused the Supreme Court of creating a “constitutional tyrant” in the President by affirming his power to suspend elected governors and state assemblies during a state of emergency.
In a statement signed by its National Publicity Secretary, Mallam Bolaji Abdullahi, the party warned that the ruling, though academic in nature, sets a dangerous precedent and concentrates excessive power in the Presidency in a manner that undermines not only Nigeria’s federal system, but democracy itself.
According to the statement made available to newsmen in Abuja on Tuesday, the party said: “The African Democratic Congress (ADC) is 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. Although the ruling appears innocuously academic, it represents a potential inflection point in our democratic development, one that may alter the nature of our democracy forever.
“According to the Supreme Court judgment, the President has the “discretion to determine the measures required to restore peace and security” after declaring a state of emergency in any state. In essence, the President may take any “extraordinary measures” if, in his opinion, such measures are necessary to restore peace in that state.
“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.
” Although the same judgment notes that the Constitution provides that “no arm or tier of government is constitutionally superior to another,” the clear effect of the ruling suggests the opposite and grants the President firm control over the political conduct of state governors.
“The ADC therefore considers this judgment an extremely dangerous threat to Nigeria’s federalism and democracy.
“The grave risk inherent in this judgment becomes even more apparent when the safeguards identified by the apex court as checks against abuse of presidential discretion are examined. These safeguards include proportionality, legislative oversight, and judicial review.
“With this form of “judicial review,” the Supreme Court has inadvertently aided the imposition of constitutional tyranny on Nigeria.