Legal practitioner and politician Kenneth Okonkwo, who is a member of the African Democratic Congress, has openly criticised the recent judgment of the Supreme Court of Nigeria concerning the declaration of a state of emergency in Rivers State by President Bola Tinubu.
The apex court, in a six-to-one split decision delivered on Monday, December 15, 2025, upheld the constitutional authority of the President to impose a state of emergency where there is a threat of a breakdown of law and order or a slide into chaos. The court further ruled that elected officials may be suspended during such an emergency, but clarified that such suspension must be limited in duration.
However, speaking during an appearance on Channels Television programme Sunrise Daily, Okonkwo expressed strong disagreement with the court’s position. He argued that while the President may have the power to declare a state of emergency, such authority does not extend to the suspension of elected officials.
Okay News reports that Okonkwo, who also serves on the National Working Committee of the African Democratic Congress, warned that the ruling could have far-reaching implications for Nigeria’s democratic framework.
“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.
He cautioned that the judgment could establish a dangerous precedent capable of being abused by future administrations.
“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 stated.
The Supreme Court judgment followed a lawsuit filed by states governed by the Peoples Democratic Party, which challenged the legality of the emergency declaration in Rivers State.
The ruling effectively upheld the earlier decision to suspend Governor Siminalayi Fubara, his deputy Ngozi Odu, and members of the Rivers State House of Assembly for a six-month period.
Beyond the specific case, Okonkwo also voiced deep concerns about the wider judicial system, stating that recent court decisions have weakened his confidence as a legal practitioner.
“As a lawyer, I am not confident in the judicial system because their judgments are not reflecting the rule of law,” he said.
Despite his criticism, Okonkwo praised the lone dissenting justice in the case, noting that the presence of a contrary opinion offered some reassurance.
“Thank God there was one dissenting voice among the Supreme Court Justices, and I have the right to align myself with him,” he added.
