Sele Media Africa Reported by Amos Dachung
Supreme Enablers; Constitutional Outrage
A sharp editorial in Vanguard has raised grave concerns over the role of Nigeria’s Supreme Court in recent state of emergency declarations, accusing the apex court of enabling executive overreach and contributing to what it describes as a constitutional outrage. The article argues that in past cases such as the 2004 state of emergency in Plateau State under President Obasanjo, the Supreme Court delayed hearing crucial constitutional challenges until after the emergency had expired, effectively nullifying meaningful review. It draws parallels with the more recent emergency proclamation in Rivers State by President Bola Ahmed Tinubu, which saw the suspension of the governor and the state’s legislative assembly. The editorial claims the Court has similarly failed to provide timely judicial oversight in this case. The Court is criticized for its silence and delay in hearing the lawsuit filed by eleven PDP governors (Suit No. SC/CV/329/2025) challenging the constitutionality of the Rivers State emergency. Over two months after the suit was filed, no hearing date has been set. According to the piece, such delays and judicial inaction fundamentally undermine constitutional democracy, since citizens’ rights and the integrity of elected offices can be suspended without prompt judgment. The author warns that the precedent being created where government declarations of emergency are rubber‑stamped either by legislative approval in questionable forms, or by a judiciary that does not act swiftly risks eroding democratic checks and balances. There is particular concern that as Nigeria heads towards the 2027 elections, practices that allow executive overreach may gain firmer hold if not checked. The editorial refers to constitutional provisions that require emergencies to be ratified by the National Assembly within certain parameters, including duration and scope. It argues that the Rivers State emergency proclamation may not have strictly complied with those rules. It also points out that some legislative ratifications in this case, the National Assembly’s voice vote endorsement of the emergency are opaque, making it difficult to verify constitutionally required majorities.
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