ADC Criticizes Supreme Court: ‘You’ve Created a Constitutional Tyrant, Threatened Federalism’
The Supreme Court’s affirmation of the President’s authority to suspend elected governors and state assemblies during a state of emergency has been accused by the African Democratic Congress (ADC) of turning him into a “constitutional tyrant.”
The party cautioned in a statement signed by Mallam Bolaji Abdullahi, its National Publicity Secretary, that despite the ruling’s academic nature, it sets a dangerous precedent and concentrates excessive power in the Presidency in a way that threatens not only Nigeria’s federal system but also democracy itself.
According to the ADC, Nigeria’s federalism and democracy are seriously threatened by the ruling.
It cautioned that constitutional tyranny frequently develops gradually when rulers gradually undermine democratic norms and institutions, rather than always through military coups.
“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,” the statement stated in its entirety. Even while the decision seems harmlessly intellectual, it could mark a turning point in the evolution of our democracy and permanently change its character.
The President has the “discretion to determine the measures required to restore peace and security” following the declaration of a state of emergency in any state, per the Supreme Court ruling. Essentially, the President has the authority to use any “extraordinary measures” if he believes they are required to bring peace back to that state.
The top court’s stance clearly implies that the President of Nigeria or his operatives might easily create a security crisis in any state where the governor is considered “unfriendly” and then suspend the governor and the State House of Assembly. Despite the fact that the same opinion states that “no arm or tier of government is constitutionally superior to another,” the decision clearly implies the reverse and gives the President complete authority over state governors’ political behavior. As a result, the ADC views this ruling as a grave danger to Nigeria’s democracy and federalism.
Examining the precautions the highest court mentioned as balances against misuse of presidential authority highlights the enormous risk inherent in this ruling. Judicial review, parliamentary supervision, and proportionality are some of these protections.
“Proportionality is obviously out of the question when faced with a president who will stop at nothing to hold onto power, even completely destroying opposition parties, as Nigerians have seen under President Bola Ahmed Tinubu since he took office. Second, legislative supervision is equally unlikely given the President’s successful conquest of the National Assembly and the legislature’s disgraceful reduction to a mere appendage of the Presidency. Ultimately, this ruling on judicial review has resolved any uncertainty regarding the type of review that is now feasible when the nation’s top court decides to give precedence to the letter of the law above its spirit, which is specifically meant to avert the very risk that the Court has now approved.
The Supreme Court has unintentionally contributed to the imposition of constitutional dictatorship on Nigeria through this type of “judicial review.” This hazardous form of autocracy occurs when individuals in positions of power take advantage of legal frameworks and constitutional flaws in order to amass and solidify absolute authority.
The ADC wants Nigerians to be aware that military takeovers are not the only method for constitutional dictatorship to emerge. As we have seen over the past two years, it frequently develops slowly as leaders incrementally undermine democratic institutions and values. It is now painfully evident that neither the judiciary nor the legislature can be trusted to stop this decline.
