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The Human Rights Writers Association of Nigeria (HURIWA) has strongly condemned the reported unlawful occupation of local government offices in Osun State by individuals claiming to be elected officials.
The rights group has urged the Inspector General of Police (IGP) to intervene swiftly to restore order.
At a press conference in Abuja on Thursday, HURIWA’s National Coordinator, Emmanuel Onwubiko, decried what he described as a blatant disregard for the rule of law.
He criticized security agencies for failing to uphold judicial rulings, warning that their inaction could lead to chaos and anarchy in the state.
Onwubiko referenced the judicial verdict on the 2022 Osun local government elections, emphasizing that the Federal High Court had nullified the process following a lawsuit by the Action Peoples Party (APP) against the Osun State Independent Electoral Commission (OSSIEC).
“It is imperative to state unequivocally that the 2022 Osun local government elections were nullified by the Federal High Court… The court declared the elections unconstitutional, null, and void for violating sections of the Electoral Act 2022 and the Nigerian Constitution,” Onwubiko stated.
He cited the court’s judgment, which declared: “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.”
The ruling further stated that all individuals occupying local government offices as a result of the election were to vacate their positions immediately. Onwubiko stressed that this judgment remains legally binding, as no superior court has overturned it.
HURIWA also addressed claims suggesting that the Court of Appeal had reinstated the sacked officials. According to Onwubiko, this is misinformation.
“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 did not in any way invalidate the Federal High Court judgment secured by APP, which remains binding on all parties.”
Additionally, he noted that the All Progressives Congress (APC) had appealed the APP judgment but failed to prosecute the case diligently, leading to its dismissal by the Court of Appeal on January 13, 2025.
HURIWA expressed concern over the failure of security agencies, particularly the Nigeria Police Force, to enforce the court’s decision. The group criticized law enforcement for allowing the forcibly removed officials to reclaim their positions unlawfully.
“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 emphasized that nothing legally prevents OSSIEC from conducting fresh local government elections, as the Federal High Court ruling effectively left the positions vacant. The group urged all registered political parties to prepare for new elections rather than seeking to seize power unlawfully.
“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.”
HURIWA called on the IGP and the Osun State Commissioner of Police to remove the individuals unlawfully occupying local government offices and urged all parties to abide by the Federal High Court ruling that nullified the 2022 local government elections.
While calling for investigation into why security agencies failed to prevent the unlawful occupation and demanded that any officers found complicit be held accountable, the group encouraged OSSIEC to organize fresh elections in line with the Electoral Act 2022.
HURIWA called on civil society organizations, the media, and the public to resist any attempt to undermine democracy and the rule of llaw even as it reaffirmed its commitment to upholding constitutional democracy and ensuring that legal processes are respected.
The group warned that allowing unlawfully sacked officials to retain power could set a dangerous precedent, undermining the integrity of democratic institutions in Nigeria.
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