Legal practitioner and African Democratic Congress (ADC) chieftain, Kenneth Okonkwo, has sharply criticized the Supreme Court’s judgment upholding President Bola Tinubu’s emergency rule in Rivers State.
In a six-to-one decision delivered on Monday, the apex court affirmed that the President has constitutional powers to declare a state of emergency to avert chaos and may suspend elected officials during such periods, though only temporarily.
Appearing on Channels Television’s Sunrise Daily on Tuesday, Okonkwo rejected the ruling, insisting that while the President can declare emergencies, “he does not have the authority to suspend elected officials.” He warned that the pronouncement carries “far-reaching implications for Nigeria’s democracy.”
He argued that the court overstepped its bounds:
“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 and not make any other comments. That is a right given to them, rather than throwing the nation into confusion.”
Okonkwo cautioned that the ruling 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 judgment stemmed from a suit filed by PDP-led states challenging Tinubu’s suspension of Rivers State Governor Siminalayi Fubara, his deputy Ngozi Odu, and members of the House of Assembly for six months.
Expressing broader disillusionment with the judiciary, Okonkwo said:
“As a lawyer, I am not confident in the judicial system because their judgments are not reflecting the rule of law.”
Nonetheless, he praised the lone dissenting justice in the case:
“Thank God there was one dissenting voice among the Supreme Court Justices, and I have the right to align myself with him.”
