The Socio-Economic Rights and Accountability Project, SERAP, has criticized the suspension of elected officials in Rivers State.
The organization argues that the suspension violates both Nigeria’s Constitution and international legal standards.
The group stated, “Democracy is an integral part of the rule of law, and Nigeria’s democracy must be founded on respect for human rights and the rule of law.”
SERAP asserts that the suspension contravenes not only the Nigerian Constitution but also key international legal agreements, including the African Charter on Human and Peoples’ Rights and the African Charter on Democracy, Elections, and Governance.
The organization highlighted that Nigeria’s Constitution, particularly Sections 1(2), 14(1)(c), 176(1)(2), and 305(1), ensures a balance of rights and duties that prevents the exercise of presidential powers from infringing on citizens’ rights to participate in governance.
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SERAP further emphasized that Section 305, which grants the president the authority to declare a state of emergency, is not absolute and must be used in a manner that upholds democratic principles.
“The suspension of democratically elected officials in Rivers State undermines the plaintiffs’ ability to engage in effective governance, damages the integrity of the electoral process, and threatens the rule of law,” the statement noted.
In its legal action, the plaintiffs are seeking a court declaration that President Tinubu’s actions are “unlawful, unconstitutional, null, and void,” and an injunction to prevent the appointed sole administrator from holding that position.
The statement concluded by noting that no hearing date has yet been set for the case.
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