Legal practitioner and African Democratic Congress (ADC) member, Kenneth Okonkwo, has criticised the Supreme Court’s recent ruling on the state of emergency declared by President Bola Tinubu in Rivers State.
The apex court, in a six-to-one decision on Monday, upheld the President’s constitutional authority to declare a state of emergency to prevent a breakdown of law and order or a descent into chaos. The court also ruled that elected officials may be suspended during such periods, but only for a limited duration.
Speaking on Channels Television’s Sunrise Daily on Tuesday, Okonkwo argued that while the President can declare a state of emergency, he does not have the authority to suspend elected officials. He warned that the ruling could have far-reaching implications for Nigeria’s democracy.
“They said they don’t have jurisdiction, so they just stated an opinion. It means that what they just stated is an opinion, but their opinion still matters in legal issues. If I were in their position, I wouldn’t have done that. As an apex court, they have the right to simply decline jurisdiction rather than throwing the nation into confusion,” Okonkwo said.
He added that the judgment could set a dangerous precedent: “What this means is that the President now has the right to suspend 36 governors at the same time. He can declare a state of emergency nationwide and use the military to rule Nigeria for a limited time.”
The ruling followed a suit filed by Peoples Democratic Party (PDP)-led states challenging President Tinubu’s declaration of a state of emergency in Rivers State. The Supreme Court upheld the March decision to suspend Governor Siminalayi Fubara, his deputy Ngozi Odu, and members of the state House of Assembly for six months.
Okonkwo also expressed a broader loss of confidence in the judicial system, saying, “As a lawyer, I am not confident in the judicial system because their judgments are not reflecting the rule of law.”
However, he commended the sole dissenting justice in the case, aligning himself with that position. “Thank God there was one dissenting voice among the Supreme Court Justices, and I have the right to align myself with him,” he said.