News

March 16, 2015

Court nullifies Lagos monthly sanitation exercise

By Innocent Anaba
LAGOS—A Federal   High Court sitting in Lagos, yesterday, nullified the monthly environmental sanitation policy of the Lagos State government which involves keeping citizens indoors for three hours.

Trial judge, Justice Mohammed Idris held that there is no law in force in Lagos State, by which any citizen could be kept indoors, compulsorily.

In the judgment, the court also said 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 presently, in Lagos State, which authorizes the restriction of movement of citizens, on the last Saturday of the month, for the purpose of observing environmental sanitation.

A Lagos lawyer and rights activist, Mr Ebun-Olu Adegboruwa, had in the suit against the Inspector-General of Police and the Lagos State government, challenged the restriction of human movements on the last Saturday of every month, for the purpose of observing environmental sanitation.

In his argument in support of the suit, Adegboruwa said there was no law in force in Lagos State, presently, restricting movement of persons, for the purpose of observing environmental sanitation.

He insisted 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 of restricting human movement on Saturdays, as no regulation in force has indeed been made for that purpose.

He had challenged the Lagos State Government to produce such regulation before the court, urging the court to hold that even if there was 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.

The Lagos State Government, had in 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.

It further argued that the practice of keeping people at home for three hours only on the last Saturdays of the month was meant to keep society and environment clean and safe, adding that there were classified exceptions to the restriction, including emergencies and ambulance services and those on essential services.

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