By Bartholomew Madukwe

A FEDERAL High Court in Lagos has reserved March 16, 2015 to deliver judgment in a suit seeking cancellation of the monthly environmental sanitation exercise in the state.

The presiding judge, Justice Mohammed Idris, took the decision after entertaining arguments from parties in the suit.

In the suit instituted by a Lagos based lawyer and rights crusader, Ebun-Olu Adegboruwa, he prayed the court for a declaration that the monthly sanitation exercise is  illegal and obnoxious.

According to the lawyer, the  restriction of movement that comes with the sanitation on every last Saturday of the month runs contrary to  Sections 35 and 41 of the Constitution.

Personal liberty

He argued that Sections 35 and 41 of the Constitution guarantee the right of every citizen to personal liberty and freedom of movement, adding that such restriction of movement violates Article XII of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act, Laws of the Federation of Nigeria, 2004.

Adegboruwa explained that his decision to file the suit came sequel to his arrest on June 29, 2013 by security operatives while he was on his way to Channels Television to honour an invitation to feature on a live programme tagged “Sunrise.”

The lawyer maintained that officials of the Lagos State Traffic Management Authority blocked the road and prevented him from moving.

He therefore prayed the court to, “Declare that the Lagos State Government and its agents do not have any legal backing to restrict movement of Lagos residents on the last Saturday of the month.

“A declaration of the court that the respondents could not, as of right, arrest and detain any Lagos residents found moving on either state or Federal Government roads during such imposed monthly sanitation exercise.”

Adegboruwa stated that, “The fact that an act has endured for years would not be a reason for the court not to strike it down. I will pray my Lord to give a ruling before March 28, which is another last Saturday of the month and free myself and other Lagosians from this obnoxious practice.”

However in opposing, lawyer to the Lagos State government, Jonathan Ogunsanya, asked the court to throw out Adegboruwa’s application for being an abuse of court process and for failure to disclose any material fact.

Ogunsanya further revealed that the Environmental Sanitation Law of Lagos State made provision for the Commissioner for Environment to make regulations geared towards ensuring clean environment and public safety.