Politics
THE Human Rights Writers Association of Nigeria (HURIWA), has condemned illegal occupation of local got councils in Osun State.
HURIWA, in a statement at the press conference to address the ongoing unlawful and unconstitutional actions taking place in Osun State, noted that certain individuals, under the guise of being “elected local government officials,” have forcefully occupied council offices.
The statement by Emmanuel Onwubiko, national coordinator, Human Rights Writers Association of Nigeria (HURIWA), February 20, said that this blatant disregard for the rule of law, aided by the indifference of security agencies, “is not only an affront to the judicial process but also a deliberate attempt to plunge the state into chaos and anarchy.”
Noting the judicial position position on the 2022 Osun Local Government llections, HURIWA said: “It is imperative to state unequivocally that the 2022 Osun local government elections were nullified by the Federal High Court in the case brought by the Action Peoples Party (APP) against the Osun State Independent Electoral Commission (OSSIEC). The court declared the elections unconstitutional, null, and void for violating sections of the Electoral Act 2022 and the Nigerian Constitution.”
The Federal High Court, in its judgment, clearly stated: “The election into local government councils across Osun State held on the 15th of October 2022, pursuant to the notice of election issued on the 15th of August 2022, is hereby declared unconstitutional, invalid, null, and void for violation of the Constitution and breach of Sections 28, 29, 32, 98, and 150 of the Electoral Act, 2022.
“All persons or individuals occupying offices in the state local government councils by virtue of the said election are accordingly sacked from holding such offices.”
These pronouncements have not been set aside by any superior court, and they remain the extant and binding position of the law.
It stressed that the Court of Appeal did not
re-Instate the sacked officials contrary to the deliberate misinformation being peddled.
The Court of Appeal only struck out the PDP’s case on technical grounds, holding that the suit was premature because no cause of action had arisen at the time of filing. This decision did not in any way invalidate the Federal High Court judgment secured by APP, which remains binding on all parties.
Furthermore, the appeal filed by the All Progressives Congress (APC) against the APP judgment was dismissed by the Court of Appeal on January 13, 2025, for want of diligent prosecution. This dismissal cemented the Federal High Court ruling as the definitive legal position.
Part of the statement reads:
“It is deeply concerning that security agencies, particularly the Nigeria Police Force, have allowed this organized lawlessness to persist. Despite a binding court judgment removing the purported APC local government officials, these individuals have resorted to self-help by forcefully reclaiming council offices.
“We remind the security forces that under Section 287(3) of the 1999 Constitution (as amended), they are constitutionally mandated to enforce and uphold decisions of the Federal High Court. Their failure to act decisively and expel these illegal occupants amounts to gross dereliction of duty and an abdication of their constitutional responsibility to maintain law and order.
“HURIWA affirms that there are no legal impediments preventing OSSIEC from proceeding with the conduct of fresh local government elections in Osun State. The Federal High Court judgment, which nullified the 2022 elections, remains binding, and as such, the local government offices are legally vacant.
“We urge all registered political parties, including the APC, to prepare for the forthcoming elections by presenting qualified candidates. The electorate must be allowed to exercise their democratic rights through free, fair, and credible elections, rather than allowing a group of individuals to seize power through force and violence.
“In light of the foregoing, HURIWA makes the following demands:
“Immediate Eviction of Illegal Occupants: We call on the Inspector General of Police and the Commissioner of Police in Osun State to immediately restore order by evicting the illegal occupants masquerading as APC chairmen and councillors from all local government offices.
“Respect for Judicial Authority: We demand that all parties respect the binding judgment of the Federal High Court in the APP case, which remains the definitive legal position.
“Accountability for Security Failures: We urge the National Security Adviser and the Minister of Police Affairs to investigate the failure of security agencies to prevent the unlawful occupation and to hold accountable any officer found complicit in this dereliction of duty.
“Conduct of Free and Fair Elections: We encourage OSSIEC to proceed without delay in organizing fresh local government elections in accordance with the Electoral Act, 2022. Political parties should focus on presenting their candidates for a democratic contest rather than resorting to violence and illegal occupation.
“Public Vigilance and Civic Engagement: We call on civil society organizations, the media, and the general public to remain vigilant and to resist any attempt to subvert democracy and the rule of law.
“HURIWA stands firmly in defense of constitutional democracy and the rule of law. The illegal actions of the sacked APC local government officials in Osun State represent a dangerous precedent that must not be tolerated. We reiterate that only through lawful means and adherence to due process can the integrity of our democratic institutions be preserved.”
A.I
Feb. 20, 2025
Tags: HURIWA
