Legal practitioner Kenneth Okonkwo, a member of the African Democratic Congress party, has criticised the Supreme Court’s ruling on the emergency rule declared by President Bola Tinubu in Rivers State.
The apex court, in a six-to-one split decision on Monday, upheld the President’s constitutional power 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, a member of the ADC National Working Committee, disagreed with the court’s approach, arguing that while the President can declare a state of emergency, he does not have the authority to suspend elected officials.
He said the court’s pronouncement carries 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 and not make any other comments. That is a right given to them, rather than throwing the nation into confusion,” Okonkwo said.
Okonkwo warned 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 that he will use the military to rule Nigeria for a limited time,” he said.
The judgment followed a suit filed by states governed by the Peoples Democratic Party, which challenged President Tinubu’s declaration of a state of emergency in Rivers State.
The Supreme Court’s ruling 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:
“As a lawyer, I am not confident in the judicial system because their judgments are not reflecting the rule of law.”
Nonetheless, 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.
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