The Federal High Court in Ikoyi on Monday declared the restriction of
movement during the monthly environmental sanitation exercise illegal.
Justice Mohammed Idris gave the verdict in a suit by a human rights activist Mr Ebun-Olu Adegboruwa.
The plaintiff said the restriction of movement during exercise from 7am till 10am has no legal basis.
Besides, he said it grossly violates Nigerians’ right freedom of movement as guaranteed in the Constitution.
The lawyer sought a declaration that the restriction of his movement,
and that of other residents of Lagos State on the last Saturday of every
month, constitutes a breach of their rights.
Adegboruwa said no law in Lagos State approves the compulsory detention
of citizens at home for three hours for the purpose of observing a
mandatory sanitation.
Inspector-General of Police Suleiman Abba, Lagos State Governor
Babatunde Fashola and the Attorney-General Mr Ade Ipaye; Lagos State
Commissioner for the Environment and the ministry were the respondents.
Justice Idris held that the state’s policy of keeping citizens indoors, in the name of sanitation, has no basis on law.
The court held that there is no law in force in Lagos State on the basis
of which any citizen could be kept indoors compulsorily.
The court found that the 1999 Constitution 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.
The judge held that there is no regulation in force presently in Lagos
which authorises the restriction of movement of citizens on the last
Saturdays of the month for the purpose of observing environmental
sanitation.
Speaking after the verdict, Adegboruwa said: “I commend the judge for
his forthrightness, for his courage and boldness. This has indeed
settled beyond any doubt that the judiciary is the last hope of the
common man.
“It is a signal to all those in power, across the land, local, state and
federal, that the rule of arbitrariness, of impunity and of wanton
disregard for peoples’ rights and freedoms is gradually coming to an
end.
“When we dare to struggle, then we dare to win. I, therefore, urge all
Nigerians to troop to the courts, to challenge the unchallengeables, to
kick off the arbitrary PHCN impositions, all illegal charges and tax
imposition and all obnoxious policies wickedly devised by all our
rulers. Together we shall win.”
Monday, 16 March 2015
Court declares restriction of movement on for sanitation illegal
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