A Federal High Court in Ikoyi, Lagos State, southwest
Nigeria,
presided over by Justice Mohammed Idris, has nullified the
restriction of movement during the monthly environmental sanitation in
the state.
The policy of the Lagos State Government
restricts citizens to their homes for three hours between 7am and 10am
every last Saturday of the month.
The court held that there is no law in force in Lagos State by which any citizen could be kept indoors, compulsorily.
The
court found that the Constitution of the Federal Republic of Nigeria
grants freedom of movement to every citizen, and such freedom cannot be
taken away by executive proclamation, in the absence of any law to that
effect.
It found that there is no regulation in force
currently in Lagos State which authorises the restriction of movement of
citizens, on the last Saturdays of the month, for the purpose of
observing environmental sanitation.
Justice Idris took arguments in respect of the suit filed
by human rights activist, Ebun-Olu Adegboruwa, against the
Inspector-General of Police and the Lagos State Government, to challenge
the restriction of human movements on the last Saturday of every month,
for the purpose of observing environmental sanitation.
Adegboruwa led Mr Gbenga Awoseye to argue the case himself.
Lagos State Government was represented in court by Mr Jonathan Ogunsanya, chief state counsel from the Ministry of Justice.
In the suit, Adegboruwa
contended that there is no law in force in Lagos State restricting
movement of persons, for the purpose of observing environmental
sanitation.
He argued that section 39 of the
Environmental Sanitation Law 2000, of Lagos State, which the respondents
claimed to empower the Commissioner for the Environment, to make
regulations, cannot be the basis for restricting human movement on
Saturdays, as no regulation in force has indeed been made for that
purpose.
He challenged the Lagos State Government to produce such regulation before the court.
He
then urged the court to hold that even if there is such regulation in
force, it cannot be enforced on roads that are designated as federal
highways under the Highways Act, such as the 3rd Mainland Bridge where
he was arrested by the police and LASTMA officials.
Mr
Ogunsaya, in his response, argued that section 41 of the 1999
Constitution permits government to make laws that may derogate from the
right to freedom of movement and that the Environmental Sanitation Law
of Lagos State, 2000, is an example of such derogation.
He
argued further that the practice of keeping people at home for three
hours only on the last Saturdays of the month is meant to keep society
and environment clean and safe. Therefore, he said that there are
classified exceptions to the restriction, including emergencies and
ambulance services and those on essential services.
After hearing arguments from counsel, the court adjourned the case till today for judgment.
After the jugement, Adegboruewa, while addressing journalists at the premises of the court said: “I am committed to the struggle to eradicate all forms of arbitrariness and impunity from our society.”
Source:PM News
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