•Kenneth Okonkwo
A chieftain of the African Democratic Congress (ADC), Kenneth Okonkwo,
has faulted the Supreme Court’s verdict on the emergency rule on Rivers State by President Bola Tinubu.
Yesterday, the apex court affirmed the constitutional power of the President to declare a state of emergency and suspend elected officials.
Speaking on Channels Television today, Okonkwo said the apex court should have declined to comment on the emergency rule declared in the state, arguing that its pronouncement has far-reaching implications for Nigeria’s democracy.
“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,” Okonkwo said.
In its ruling, the Supreme Court held that the President is empowered by the Constitution to declare a state of emergency in any state to prevent a breakdown of law and order or a descent into chaos and anarchy.
The court further ruled that, during such a period, the President may suspend elected officials, provided the suspension is for a limited duration.
The judgment followed a suit filed by states governed by the Peoples Democratic Party (PDP), which challenged President Tinubu’s declaration of a state of emergency in Rivers State.
Under the emergency rule, elected state officials were suspended for six months. The Supreme Court had reserved judgment in the matter in October.
However, Okonkwo faulted both the substance and the approach of the ruling, insisting that while the President has the constitutional authority to declare a state of emergency, he does not have the power to suspend elected officials.
He also criticised the court for striking out the suit for want of jurisdiction and yet proceeding to make pronouncements on the substantive issues raised.
“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,” Okonkwo said.
According to him, the apex court should have stopped at declining jurisdiction without making further comments that could create confusion.
“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,” he added.
