The Human Rights Writers Association of Nigeria (HURIWA), has condemned what it called the unlawful and unconstitutional occupation of Osun State LGAs by sacked chairmen of the All Progressives Congress (APC)......CONTINUE READING THE ARTICLE FROM THE SOURCE>>>>>
The sacked chairmen occupied the LGA secretariats on Wednesday ahead of the council poll on Saturday.
Speaking at a press conference on Thursday in Abuja, the group’s National Coordinator, Emmanuel Onwubiko, said the “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.
Relying on the court judgement, HURIWA said 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.”
It quoted the judgement of the Federal High Court, stating, “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 the group argued have not been set aside by any superior court, and they remain the extant and binding position of the law.
The group further argued that contrary to the deliberate misinformation being peddled, the Court of Appeal did not reinstate the sacked local government officials.
“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,” the group said, “did not in any way invalidate the Federal High Court judgment secured by APP, which remains binding on all parties.”
It furthermore mentioned that the appeal filed by the APC against the APP judgment was dismissed by the Court of Appeal on January 13, for want of diligent prosecution. “This dismissal cemented the Federal High Court ruling as the definitive legal position,” the group added.
On what it said is the organized chaos and the failure of security agencies to arrest the situation, HURIWA said, “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 affirmed that no legal impediments are 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, the group said.
It urged 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,” HURIWA added.
HURIWA called 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.
It further demanded that all parties respect the binding judgment of the Federal High Court in the APP case, which remains the definitive legal position.
“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.
“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.”