Legal practitioner and African Democratic Congress (ADC) chieftain, Kenneth Okonkwo, has criticised the Supreme Court’s judgment affirming President Bola Tinubu’s declaration of a state of emergency in Rivers State.
In a six-to-one split decision delivered on Monday, the apex court upheld the President’s constitutional authority to impose emergency rule to avert a breakdown of law and order. The court also held that elected officials could be suspended during such periods, provided the suspension is for a limited time.
Speaking on Channels Television’s Sunrise Daily on Tuesday, Okonkwo, a member of the ADC National Working Committee, disagreed with the ruling, insisting that while the President may declare a state of emergency, he lacks the constitutional power to suspend elected officials.
He warned that the judgment could have far-reaching implications for Nigeria’s democracy.
According to him, the Supreme Court indicated it lacked jurisdiction but nevertheless offered an opinion, a move he described as confusing.
“They said they don’t have jurisdiction, so they just stated an opinion. That opinion may not be binding, but it still carries weight. If I were in their position, I would have simply declined jurisdiction without making further comments. That would have avoided throwing the country into confusion,” Okonkwo said.
He argued that the ruling could set a dangerous precedent.
“What this means is that the President could, in theory, suspend all 36 governors by declaring a nationwide state of emergency and rule the country with the military for a limited period,” he added.
The judgment followed a suit filed by states governed by the Peoples Democratic Party challenging President Tinubu’s declaration of emergency rule in Rivers State.
In its ruling, the Supreme Court upheld the March suspension of Rivers State Governor, Siminalayi Fubara, his deputy, Ngozi Odu, and members of the State House of Assembly for six months.
Okonkwo also expressed dissatisfaction with the judiciary, saying recent judgments have weakened his confidence in the system.
“As a lawyer, I am not confident in the judicial system because the judgments are not reflecting the rule of law,” he said.
However, he praised the lone dissenting justice in the case, saying he shared that position.
“Thank God there was one dissenting voice among the Supreme Court justices, and I align myself with that view,” Okonkwo added.
