No Restriction on Sanitation Day in Lagos — Court

A Federal High Court sitting in Ikoyi, Lagos, has stopped the monthly environmental sanitation policy of the Lagos State Government.

Justice Mohammed Idris held that there was 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 was no regulation in force, presently, in Lagos State, which authorised the restriction of movement of citizens, on the last Saturday of the month, for the purpose of observing the environmental sanitation exercise.

The suit, filed by human rights activist, Ebun-Olu Adegboruwa, against the Inspector-General of Police and the Lagos State Government, challenged the restriction of human movement on the last Saturday of every month, for the purpose of observing the environmental sanitation exercise.

Adegboruwa, led Gbenga Awoseye, to argue the case himself while Lagos State Government was represented by Jonathan Ogunsanya, a Chief State Counsel in the Ministry of Justice.

Adegboruwa 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 of restricting human movement on Saturdays, as no regulation in force had, indeed, been made for that purpose.

But Ogunsaya argued that section 41 of the 1999 Constitution permits state governments 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.