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State Of Emergency: PDP reacts to Supreme Court's judgement on Rivers - Politics (3) - Nairaland

Nairaland ForumNairaland GeneralPoliticsState Of Emergency: PDP reacts to Supreme Court's judgement on Rivers (13471 Views)

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Re: State Of Emergency: PDP reacts to Supreme Court's judgement on Rivers by Kukutente23: 7:37am On Dec 16, 2025
Burob:
Wailing Wailers, everything dey pain una inside una hypocrisy.

Keep weeping.
Dry
Try harder
Re: State Of Emergency: PDP reacts to Supreme Court's judgement on Rivers by runningriot: 7:46am On Dec 16, 2025
Even though ambiguity is a problem in law base on statutory of interpretation their is a direct literal meaning that the president has power base on Section 305 of Nigeria Constitution to declare State of Emergency in a state or any institution in the country when it is about to face crisis or in crisis. So I don't think the issue should be a subject of political debate. However, if anybody or the opposition is not comfortable with that particular constitution since most a times it is abuse and use a political witch hunt mechanism the protest would have been more appropriate that their energy be channel to constitution amendment and reform and not other wise.
Re: State Of Emergency: PDP reacts to Supreme Court's judgement on Rivers by Sermwell(m): 7:58am On Dec 16, 2025
Lumig:
PDPhuh How many people are in that party that makes them to be reacting grin
A group of stranded and lonely individuals
You're just defending nonsense!! Just wait until someone else becomes president and declare a state of emergency in Lagos or any southwest states, your eyes go clear! Shebi you're celebrating now?
Re: State Of Emergency: PDP reacts to Supreme Court's judgement on Rivers by Sermwell(m): 8:00am On Dec 16, 2025
AndroBlaze:
The same people complaining were the same people hailing the Supreme Court for dressing down the Presidency regarding pardons.

Let me advise people who do not understand basic Gvernment 101, if you think the Supreme Court is meant to act as opposition in a democracy, because una no fit gather yourselves together and oppose properly, you are in for long things.

To think this is coming from the same party that declared state of Emergency 3 or 4 times and sacked governors themselves, shameless people.
This is a bad precedent and you're not smart enough to know it! What if a northerner or South Easterner becomes president tomorrow and declare state of emergency in Lagos or any southwest states at will? I hope you celebrate too!!
Re: State Of Emergency: PDP reacts to Supreme Court's judgement on Rivers by udemzyudex(m): 8:19am On Dec 16, 2025
They are setting a precedent that will hunt them.
Re: State Of Emergency: PDP reacts to Supreme Court's judgement on Rivers by Akpakomiza2: 9:00am On Dec 16, 2025
mikepal:
The same supreme court that declared him winner of a fraudulent election, his do you expect to win him there, Omo anything APC and supreme court just forget it you can't win them. Most especially Tinubu
How was it fraudulent
Re: State Of Emergency: PDP reacts to Supreme Court's judgement on Rivers by Kukutente23: 10:04am On Dec 16, 2025
Vision101:
You are talking like Kanu. Abusing the highest judges of the land. Read the PDP statement very well. It is very clear that their concern is mainly the possibility of exploitation. They didn't abuse the judges but stated that the limits of such power should be clearly stated either by express provision in the constitution or further clarification by the supreme Court. I totally agree with them on this.

They know that they have done it before. It's not about today and the occupant of the office. It's about the future.

You must learn to read well and pick understanding. Operate with an open heart. That's the essence of education and exposure. I must not hate everything you say or do whether right or wrong.
You're thinking like Igboho
You need to understand the basic tenets of democracy before you start gassing
Democracy is built in checks and balances, separation of powers and limitations
The essence of the constitution itself is to place limitations and boundaries
A situation where a court is handing over limitless powers to the executive is not envisaged in a democracy
Secondly, you need to understand what a federation means. The federating units are the constituents that make up the Federation. To imply that the head of the Federation can sack any of the constituent's governance is to imply that the federating units owe their existence to the Federation instead of the other way round. A bigger issue is that this summarily shows that the SC does not believe in its own judgement or gave last week where it claimed that states are independent of the Federal govt and the LGs are also independent of the states. It just established an hierarchy of subservience between the states and the Federal. Most importantly, the idea of state police is dead with this declaration.
Re: State Of Emergency: PDP reacts to Supreme Court's judgement on Rivers by spencekat(m): 10:24am On Dec 16, 2025
Vision101:
I have issues with the PDP but I support the tone of the release. While the judgment is useful but limitations and definitions must be clearly made as requested by the PDP. This is to avoid abuse in future. It's not about the one that passed but the future that we don't know.
You are right! It is all about the future.
Re: State Of Emergency: PDP reacts to Supreme Court's judgement on Rivers by Pacesetter123(m): 11:27am On Dec 16, 2025
All this twisting of court judgement by analysts should be discouraged.
The supreme Court judgment of yesterday didn't affirm nor condemn the president's action of suspending the elected officials in Rivers state during his emergency proclamation there.
The justices only struck out the case based on technicality.
They said the 10 PDP governors lack the jurisdiction to institute the case cos the action didn't affect them.That for them to have had jurisdiction,they should have obtained authorization from the affected state,Rivers state.
So,that was the cruz of the judgement which can be quoted subsequently as judicial precedence.
Every other thing they said was a mere comment or their personal opinions on the matter which the law permits them to do so but it is not part of the main judgement.

Their comments was just to educate or to let Nigeria/Nigerians know that if they don't like the suspension of elected officials during emergency declaration by any president,the parliament should amend the section 305 to clearly define the term "extraordinary measures" as it is used in that section of the constitution.
That otherwise,the president(s) will still continue to be at liberty to apply his own discretion in implementing that phrase --extraordinary measures and that there is nothing the court can do if that happens.
Re: State Of Emergency: PDP reacts to Supreme Court's judgement on Rivers by AndroBlaze: 11:41am On Dec 16, 2025
Sermwell:
This is a bad precedent and you're not smart enough to know it! What if a northerner or South Easterner becomes president tomorrow and declare state of emergency in Lagos or any southwest states at will? I hope you celebrate too!!
The only person that is not smart enough is a person who is not smart enough to recall common history.

The first state of emergency that took power from opposition elected officials was declared by a Northern Prime Minister while an Igbo President was HOS , in the South West region ( 5 out of the 6 states that make the current Southwest), so it has already happened, moomooo.

The next ones were declared by OBJ in Northern and SW states.

And finally your son GEJ did so too in Northern states,so what exactly is your point.
Re: State Of Emergency: PDP reacts to Supreme Court's judgement on Rivers by Dancebreaker: 12:09pm On Dec 16, 2025
Ofunaofu:
I don’t think they need to obtain the consent of anyone.
They only approached the Supreme Court to interpret the law and determine whether the President has the power to suspend democratically elected governors and members of a State House of Assembly.

However, from what I can deduce here and to the chagrin of everyone the Supreme Court supports the president action describing it as “extraordinary measure to restore peace and order.”

This is very dangerous

This implies that the President can instigate chaos and anarchy in a State he doesn't like the governor by empowering certain individuals, as Wike was empowered to instigate a crisis in Rivers State and then suspend a democratically elected governor under the guise of restoring peace and order through an 'extraordinary measure.'
A wise man once said " When tyranny comes to town, it comes under the guise of protecting law and order."
Re: State Of Emergency: PDP reacts to Supreme Court's judgement on Rivers by Vision101(m): 3:09pm On Dec 16, 2025
Kukutente23:
You're thinking like Igboho
You need to understand the basic tenets of democracy before you start gassing
Democracy is built in checks and balances, separation of powers and limitations
The essence of the constitution itself is to place limitations and boundaries
A situation where a court is handing over limitless powers to the executive is not envisaged in a democracy
Secondly, you need to understand what a federation means. The federating units are the constituents that make up the Federation. To imply that the head of the Federation can sack any of the constituent's governance is to imply that the federating units owe their existence to the Federation instead of the other way round. A bigger issue is that this summarily shows that the SC does not believe in its own judgement or gave last week where it claimed that states are independent of the Federal govt and the LGs are also independent of the states. It just established an hierarchy of subservience between the states and the Federal. Most importantly, the idea of state police is dead with this declaration.
Nigeria as presently constituted is a flawed federation.

I agree and I have said it that there is need for clear limitations but like any other law there's need for provision for necessity .

Is the doctrine of necessity expressly in any of our statues. The answer is no. But it saved us from major constitutional crisis in the past.

Think through this scenario:
A state governor having major issues with the legislature. Everything has been primed to impeached him. Finally he and his deputy were impeached. The speaker took over and was impeached. The state chief judge took over and the legislature totally refused to cooperate with him. No budget approval etc. Infact there was no governance of any type. So much constitutional crisis.

What would a president do knowing very well that the country is a federation? Whatever action the president eventually took would it have been better to be preemptive and take it earlier or wait till after so much crisis?

On a lighter note: avoid gutter language. It's a sign of indecency. Look at your earlier statement.
Re: State Of Emergency: PDP reacts to Supreme Court's judgement on Rivers by Kukutente23: 3:35pm On Dec 16, 2025
Vision101:
Nigeria as presently constituted is a flawed federation.

I agree and I have said it that there is need for clear limitations but like any other law there's need for provision for necessity .

Is the doctrine of necessity expressly in any of our statues. The answer is no. But it saved us from major constitutional crisis in the past.

Think through this scenario:
A state governor having major issues with the legislature. Everything has been primed to impeached him. Finally he and his deputy were impeached. The speaker took over and was impeached. The state chief judge took over and the legislature totally refused to cooperate with him. No budget approval etc. Infact there was no governance of any type. So much constitutional crisis.

What would a president do knowing very well that the country is a federation? Whatever action the president eventually took would it have been better to be preemptive and take it earlier or wait till after so much crisis?

On a lighter note: avoid gutter language. It's a sign of indecency. Look at your earlier statement.
First of all, your should know that figurative expression does not qualify as gutter language. Learn to understand use of language before you shoot yourself in the foot
Secondly, the picture you painted does not qualify as a constitutional crisis because the constitution has ample remedy for the scenarios. And it is not the President's business what goes on in the politics of a state as long as it does not lead to chaos and breakdown of law and order.

The doctrine of necessity exists only when you have a vacuum or there's a constitutional crisis not political crisis. What happened in Rivers was a political crisis. No aspect of it qualifies as a constitutional crisis.
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