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Executive Rascality: SERAP Takes Wike, FG To ECOWAS Court Over Rights Violations - Politics - Nairaland

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Executive Rascality: SERAP Takes Wike, FG To ECOWAS Court Over Rights Violations by Tobbydhayor90: 10:07am On May 24, 2020
‘Executive rascality’: SERAP takes Wike, FG to ECOWAS court over rights violations in Rivers

...

Socio-Economic Rights and Accountability Project (SERAP) has launched legal action against governor Nyesom Wike of Rivers state and the government of President Muhammadu Buhari at the ECOWAS Court of Justice in Abuja over the “brutal crackdown, repression, and grave violations and abuses of the human rights of the people of Rivers State.”

SERAP said in suit number ECW/CCJ/APP/20/20 filed last Friday: “Governor Wike is using COVID-19 as a pretext to step up repression and systematic abuses against the people of Rivers state, including by carrying out mass arbitrary detention, mistreatment, forced evictions, and imposing pervasive controls on daily life.”

According to SERAP: “Governor Wike is using executive orders 1 and 6, 2020 as instruments to violate and abuse the rights to liberty and freedom from arbitrary arrest and detention, to a fair trial, and to property, contrary to Nigeria’s international human rights obligations, including under the African Charter on Human and Peoples’ Rights and the International Covenant on Civil and Political Rights.”

SERAP said: “This suit is primarily against Governor Wike and the Rivers state government for failing to respect, protect and ensure the constitutionally and internationally guaranteed human rights of the people of his state. The governor has used executive orders 1 and 6 to run roughshod over the human rights of Nigerians.”

“Ultimately, the Federal Government, being the signatory to ECOWAS treaties and protocols, cannot escape its responsibility to ensure that the human rights guaranteed under human rights treaties to which Nigeria is a state party, are fully and effectively realized throughout Nigeria, including in Rivers state.”

“Suing the Federal Government alongside Governor Wike is entirely consistent with article 27 of the Vienna Convention on the Law of Treaties, which provides that a state may not invoke the provisions of its internal law as justification for its failure to perform a treaty.”

SERAP is asking the court for an order of injunction to “restrain and stop Governor Wike from further using, applying and enforcing executive orders 1 and 6 or any other executive orders to harass, arbitrarily arrest, detain and demolish property of the people of Rivers state.”

SERAP is also seeking an order directing “Governor Wike and the other defendants to pay adequate monetary compensation to the victims of human rights violations and abuses, and to provide other forms of reparation, which may take the form of restitution, satisfaction or guarantees of non-repetition, and other forms of reparation that the Honourable Court may deem fit to grant.”

The suit filed on SERAP’s behalf by its solicitors Kolawole Oluwadare, Atinuke Adejuyigbe and Opeyemi Owolabi, read in part: “SERAP contends that several people were arbitrarily arrested and detained in various police stations and isolation centres in Rivers State and without any regard for due process of law.”

“Governor Wike and his agents used, applied and enforced executive orders 1 and 6 to suppress and repress the human rights of the people and business operators, including harassing, arbitrarily arresting, detaining, and torturing anyone found exercising their rights within Rivers State, all in the guise of enforcing measures to prevent the spread of COVID-19 in the state.”

“The wanton destruction of people’s property, harassment, arrest, and detention of persons exercising their rights to personal liberty and other human rights amount to an affront to the Nigerian constitution of 1999 (as amended) and the country’s international human rights obligations.”

“The executive orders, including executive order 6, by Governor Wike are invalid, illegal and unconstitutional, having not complied with the requirements of due process of law. The order by Governor Wike to demolish any hotel or guest house found operating in Rivers state is ultra vires the penalty stipulated in executive order number 6.”

“Demolition of hotels and guest houses is illegal and unconstitutional, as it runs afoul of the penalty stipulated in the Quarantine Act, which provides only a fine of N200 or imprisonment for a term of six months or both. The demolition is a blatant violation of article 14 of the African Charter on Human and Peoples’ Rights.”

“Governor Wike, demolition workers and security agents without due process of law demolished Prudent Hotel, Alode in Eleme, and Etemeteh Hotel in Onne on Saturday, May 9, 2020, and flagrantly breached the rights of the owners, employees and occupiers. The demolitions were supervised by Governor Wike in the company of security agents of the Federal Government.”

“SERAP contends that Governor Wike with the complicity or support of the Federal Government of Nigeria carried out these demolitions without giving adequate notice, compensation, alternative hotel or affording the victims legal remedies. Many people have now been deprived of their means of livelihood, employment and shelter, and exposed to other serious human rights violations and abuses.”

SERAP is therefore seeking the following reliefs:

1. A DECLARATION that the actions of the Defendants and their agents in enforcing executive orders 1 and 6 to harass, arbitrarily arrest, detain and demolish property of the people of Rivers state violate the human rights guaranteed under Articles 5, 6, 7, 11, 12, 14 and 15 of the African Charter on Human and Peoples’ Right, and relevant provisions of other human rights to which Nigeria is a state party;

2. A DECLARATION that the provisions of executive orders 1 and 6 are inconsistent and incompatible with the rights to personal liberty, fair trials, freedom of assembly, freedom of movement, employment and to property, guaranteed by the African Charter on Human and Peoples’ Right and the International Covenant on Civil and Political Right to which Nigeria is a state party;

3. AN ORDER of injunction stopping and restraining the Defendants and their agents from further implementing and using the provisions of the executive order 1 and 6 or any other executive orders whatsoever to violate and abuse the rights of the people of Rivers state guaranteed under international human rights treaties to which Nigeria is a state party;

4. AN ORDER directing the Defendants to immediately repeal and/or amend the executive orders 1 and 6 and any other executive orders in line with Nigeria’s obligations under international human rights treaties to which the country is a state party;

5. AN ORDER directing the Defendants and their agents individually and/or collectively to respect, protect, promote, and ensure the human rights of the people of Rivers state during and after the COVID-19 pandemic;

6. AN ORDER directing the Defendants and/or their agents individually and/or collectively to pay adequate monetary compensation to the victims of human rights violations and abuses by the Defendants, and to provide other forms of reparation, which may take the form of restitution, satisfaction or guarantees of non-repetition, and other forms of reparation that the Honourable Court may deem fit to grant;

7. SUCH FURTHER orders the Honourable Court may deem fit to make in the circumstances.

No date has been fixed for the hearing of the suit
http://serap-nigeria.org/executive-rascality-serap-takes-wike-fg-to-ecowas-court-over-rights-violations-in-rivers.ngo/

11 Likes

Re: Executive Rascality: SERAP Takes Wike, FG To ECOWAS Court Over Rights Violations by Promxy94(m): 10:11am On May 24, 2020
Ok
Re: Executive Rascality: SERAP Takes Wike, FG To ECOWAS Court Over Rights Violations by Globad: 10:13am On May 24, 2020
This kind of suit is good for everybody.

The eternal price of liberty is vigilance, as they say.

We must not allow anyone to become a dictator or emperor by combining the powers of the executive, legislature and the judiciary at the same time.

70 Likes 8 Shares

Re: Executive Rascality: SERAP Takes Wike, FG To ECOWAS Court Over Rights Violations by Afamed: 10:15am On May 24, 2020
Reserve state

4 Likes 3 Shares

Re: Executive Rascality: SERAP Takes Wike, FG To ECOWAS Court Over Rights Violations by vedaxcool(m): 10:25am On May 24, 2020
Falana keeps acting like a slowpoke and PDP messenger, how does it concern FG? Or you hypocrites only remember Federalism when it is supposed to used against PMB and the FG? All the while Serap has been suing FG in Nigeria courts did they include Wike in their schemes? Now a fellow PDP governor has misbehave you are involving FG, couldn't you have resorted to the state assembly and judiciary? This fool must always drag FG in his petty minded schemes to fleece foreign donors.

14 Likes

Re: Executive Rascality: SERAP Takes Wike, FG To ECOWAS Court Over Rights Violations by DanseMacabre(m): 10:30am On May 24, 2020
Mtchew. Long epistle that won't yield any result.

In fact between this SERAP, MURIC, Afenifere, Ohanaeze Ndigbo and Amotekun I don't know which one is more powerless.


At that, each of them is still more powerful than the ECOWAS court they're suing Wike to.

5 Likes

Re: Executive Rascality: SERAP Takes Wike, FG To ECOWAS Court Over Rights Violations by Tokoz50: 11:57am On May 24, 2020
Afamed:
Reserve state

3 Likes

Re: Executive Rascality: SERAP Takes Wike, FG To ECOWAS Court Over Rights Violations by MANNABBQGRILLS: 12:26pm On May 24, 2020
This was the song playing on our companys staff bus stereo radio as we came across this thread.

A song has never been so apt cheesy

Egungun became na Express u dey go...
Egungun became na Express u dey go...

E don happen we don tell am,
Motor don jam am we don tell am.
E don break leg we don tell am
.... tongue


Na only song we dey sing o.....
Uhm uhm........

4 Likes 3 Shares

Re: Executive Rascality: SERAP Takes Wike, FG To ECOWAS Court Over Rights Violations by Onyi22(f): 12:27pm On May 24, 2020
Wike is a noise maker

7 Likes 1 Share

Re: Executive Rascality: SERAP Takes Wike, FG To ECOWAS Court Over Rights Violations by Nobody: 12:27pm On May 24, 2020
Why join the FG in the issue? Anyway FG hold in trust the sovereignty of every federating states . FG is what international community recognizes

4 Likes

Re: Executive Rascality: SERAP Takes Wike, FG To ECOWAS Court Over Rights Violations by Grace001: 12:28pm On May 24, 2020
Mmmm
Re: Executive Rascality: SERAP Takes Wike, FG To ECOWAS Court Over Rights Violations by lastempero: 12:28pm On May 24, 2020
Nice one there, wike is just acting like a spoilt dictator.

2 Likes 1 Share

Re: Executive Rascality: SERAP Takes Wike, FG To ECOWAS Court Over Rights Violations by reliavendel: 12:28pm On May 24, 2020
These people are foolish, do they not see that there is an epidemic going on. During an epidemic the government has the right to withdraw the right of the people in order to protect them.

5 Likes

Re: Executive Rascality: SERAP Takes Wike, FG To ECOWAS Court Over Rights Violations by Tajbol4splend(m): 12:28pm On May 24, 2020
At the end of the day, the judge to give the judgement has been paid, money always wins even in the court of law, in Nigeria though

1 Like

Re: Executive Rascality: SERAP Takes Wike, FG To ECOWAS Court Over Rights Violations by BeerParlour: 12:29pm On May 24, 2020
MANNABBQGRILLS:
This was the song playing on our company bus stereo radio as we came across this thread.

A song has never been so apt cheesy

Egungun became na Express u dey go...
Egungun became na Express u dey go...

E don happen we don tell am,
Motor don jam am we don tell am.
E don break leg we don tell am
.... tongue


Na only song we dey sing o.....
Uhm uhm........

11 Likes

Re: Executive Rascality: SERAP Takes Wike, FG To ECOWAS Court Over Rights Violations by Tokoz50: 12:29pm On May 24, 2020

5 Likes

Re: Executive Rascality: SERAP Takes Wike, FG To ECOWAS Court Over Rights Violations by DropsMic(m): 12:29pm On May 24, 2020
Nice... Really nice.. But we all know how it will pan out
Re: Executive Rascality: SERAP Takes Wike, FG To ECOWAS Court Over Rights Violations by Exc2000: 12:29pm On May 24, 2020
why join FG as party to the suit? this is all on Wike

2 Likes 1 Share

Re: Executive Rascality: SERAP Takes Wike, FG To ECOWAS Court Over Rights Violations by TroubleMaker47(m): 12:29pm On May 24, 2020
Good! Wike's own is too much

4 Likes 1 Share

Re: Executive Rascality: SERAP Takes Wike, FG To ECOWAS Court Over Rights Violations by adontcare(f): 12:29pm On May 24, 2020
Good. Let the will of the law be upholded.

2 Likes 1 Share

Re: Executive Rascality: SERAP Takes Wike, FG To ECOWAS Court Over Rights Violations by Blyzz(m): 12:29pm On May 24, 2020
Globad:
This kind of suit is good for everybody.

The eternal price of liberty is vigilance, as they say.

We must not allow anyone to become a dictator or emperor by combining the powers of the executive, legislature and the judiciary at the same time.
they should face buhari, buhari is the dictator here. He's the devil itself. A cloned representative for that matter! Go ask Amechi, he will tell you everything. It because Wike knows abt The so called buhari dirty act, that's why he took the law to himself, because he knows buhari isn't the sitting president but a cloned representative.. don't quote me, ask Amechi

3 Likes 3 Shares

Re: Executive Rascality: SERAP Takes Wike, FG To ECOWAS Court Over Rights Violations by Proudlyngwa(m): 12:29pm On May 24, 2020
grin
When I was calling out wike, some moronic entities were insulting me, I remember saying wikes lock down was more vindictive than administrative , I was insulted.
Now can anyone tell me what the useless rascals lock down has achieved, lock down for two days relax for one week, repeat procedure, give useless update.
Am not against lock down, just let it be uniform and coordinated.


That being said SERAP are a bunch of useless noise makers cheesy

4 Likes 1 Share

Re: Executive Rascality: SERAP Takes Wike, FG To ECOWAS Court Over Rights Violations by ArcSEMPECJ(m): 12:30pm On May 24, 2020
OK ,one of the things to do when one needs to be remembered!!
Re: Executive Rascality: SERAP Takes Wike, FG To ECOWAS Court Over Rights Violations by KINGJAJA888(m): 12:30pm On May 24, 2020
cool
Re: Executive Rascality: SERAP Takes Wike, FG To ECOWAS Court Over Rights Violations by Royalfurnitures: 12:30pm On May 24, 2020
Maybe SERAP should also sue COVID-19 for violation of people's right to good health,life,free movement etc. Lolzzz



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2 Likes

Re: Executive Rascality: SERAP Takes Wike, FG To ECOWAS Court Over Rights Violations by Ganiyu2021: 12:31pm On May 24, 2020
Ok
Re: Executive Rascality: SERAP Takes Wike, FG To ECOWAS Court Over Rights Violations by AmazingELixir: 12:31pm On May 24, 2020
grin


How many convictions or cases had SERAP secured since they started suing?
Re: Executive Rascality: SERAP Takes Wike, FG To ECOWAS Court Over Rights Violations by ekensi01(m): 12:31pm On May 24, 2020
Is this shit necessary now?

What kind country God put me inside?
Re: Executive Rascality: SERAP Takes Wike, FG To ECOWAS Court Over Rights Violations by sammyj: 12:31pm On May 24, 2020
shocked shocked Good to know something is being done about Wike's terrorist tendencies!! shocked shocked

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