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 fragrantly 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:
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;
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;
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;
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;
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;
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;
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.