Court declines to hear ex-parte application on Infectious Diseases Bill

…Summons Gbajabiamila, others to appear in court, May 20

A judge of the Federal High Court, Abuja, Justice Ijeoma Ojukwu on Friday, declined to grant an ex-parte order stopping the House of Representatives from proceeding with the passage of the controversial Infectious Diseases Bill.

Instead, the court summoned the Speaker of the House of Representatives, Femi Gbajabiamila, to appear before it on May 20, to show cause why the court should not grant the ex-parte application.

Specifically, Gbajabiamila and four other respondents are to appear before the court on the said date to show cause why further hearing on the bill which has passed second reading at the House should not be stopped.

Justice Ojukwu gave the order while delivering ruling in an ex-parte application filed by the former Kogi West Senator, Dino Melaye.

The others defendants are the clerk of the National Assembly, clerk of the House of Representatives, attorney general of the federation and justice minister, and the inspector general of police.

Melaye, approached the court to challenge the Infectious Diseases Bill sponsored by the House speaker on the grounds that the bill if allowed to become law will breach his fundamental human rights as enshrined in the constitution.

In addition, he filed a motion ex -parte dated May 13, wherein he prayed the court for an Interim order directing parties in the suit to maintain status quo ante belum, pending the hearing and determination of the application for the enforcement of the fundamental rights of the applicant.

In a short ruling, Justice Ojukwu held that after a careful consideration of the averments in the supporting affidavit as well as the oral and written submission of Melaye’s lawyer, Mr. Okoro Nkemakolam, she came to the conclusion that the issues are weighty and consequently, made an order summoning the respondents.

“An order of this court is hereby made mandating the respondents to appear before this court on May 20, to show cause why the application of this applicant should not be granted.

“In effect, it is the opinion of this court that the respondents be put on notice in this case,” she held.

Justice Ojukwu further stated that should the respondents fail to attend court on the date stated for the hearing on the matter, the reliefs sought ex -parte shall be granted.

Melaye had on May 4 commenced moves at the Federal High Court, Abuja, to halt further hearing of the bill seeking to amend the Quarantine Act, 2004.

Large Scale installation of residential solar systems-Buhari

Melaye, who is currently challenging the election of Senator Smart Adeyemi at the Kogi state National Assembly Election Petition Tribunal, is specifically, asking the court to strike out certain sections of the bill which he claimed if passed would breach his fundamental human rights as enshrined in the 1999 Constitution.

The suit which was filed on his behalf by his lawyer, Mr. Okoro Nkemankolam on May 4, is predicated on seven grounds and supported by a 19 -paragraph affidavit deposed to by Senator Melaye himself.

According to the applicant, sections 3(8),5(3),6,8,13,15,16,17,19,23,30 and 47 of the Control of Infectious Diseases Bill, 2020, are in breach and or are likely to breach his fundamental rights as provided for in Sections 33, 34,35,37,38 and 40 of the constitution and Articles 4, 6,7,10,11,12 and 14 of the African Charter on Human and Peoples’ Rights Ratification and Enforcement Act, 2004, Articles 2(3),7,8,9,12,17,21 and 22 of the International Covenant on Civil and Political Rights,1976, and Articles 3,5,8,9,10,12,13,17 and 20 of the Universal Declaration of Human Rights,1948.