Ambassador Abdullahi Bakoji Adamu, Country Director of the International Human Rights Commission (IHRC), Nigeria Chapter, has cautioned that presidential emergency powers must not be deployed in ways that undermine the democratic mandate freely given to elected officials by the people.
Reacting to the recent Supreme Court judgment affirming the President’s authority to declare a state of emergency and suspend elected officials, Bakoji said the ruling, while constitutionally grounded, demands restraint and robust safeguards to prevent abuse.
Speaking in an exclusive interview, the human rights advocate acknowledged that emergency powers are recognised in constitutional democracies and are designed to enable swift responses to grave threats such as insecurity, breakdown of public order, or national crises.
“There is no dispute that emergency powers exist to help governments act decisively in exceptional circumstances,” he said. “From that perspective, the ruling can be interpreted as strengthening the executive’s capacity to stabilise the country during crises.”
However, Bakoji warned that democratic governance extends beyond executive decisiveness and must be anchored on the rule of law and respect for the electorate’s will.
“The suspension or removal of duly elected officials through emergency proclamations raises serious democratic concerns,” he said. “Elected leaders derive their authority from the people, and any action that interferes with that mandate must be approached with extreme caution and backed by strong legal justification.”
He further cautioned that emergency rule inherently concentrates power in the executive and could weaken democratic institutions if left unchecked.
“A fundamental pillar of constitutional democracy is the separation of powers,” Bakoji noted. “Emergency powers, by their nature, vest enormous authority in the executive. Without clear limits on duration, scope, and oversight, there is a real danger of sidelining the legislature and weakening judicial scrutiny.”
Drawing from historical precedents, he warned that poorly regulated emergency powers have often been abused, stressing that safeguards—not the existence of such powers—are the critical issue.
“Emergency measures must be proportionate, time-bound, and subject to effective legislative and judicial oversight,” he said. “They should never replace constitutional processes or become tools for eroding democratic governance.”
While acknowledging that the ruling clarifies the scope of executive authority during emergencies, Bakoji stressed that it equally places a heavy responsibility on all arms of government to ensure those powers are exercised responsibly and strictly within constitutional bounds.
“Without adequate safeguards, the decision risks shrinking democratic space and undermining public confidence in democratic institutions,” he warned.
He concluded by emphasising that the strength of Nigeria’s democracy will ultimately be measured by how constitutional values are upheld during periods of crisis.
“Emergency powers must remain exceptional, accountable, and firmly focused on the public interest—never at the expense of the foundations of democracy,” he said.