Lawyer Wants Court To Declare Restriction Of Movement During Environmental Sanitation unconstitutional

Lawyer Wants Court To Declare Restriction Of Movement During Environmental Sanitation unconstitutional

A Lagos based lawyer, Ebun-Olu Adegboruwa yesterday urged a Federal High Court in Lagos to declare that the restriction of movement of residents of Lagos by the government during the monthly Environmental Sanitation exercise is unconstitutional.

The lawyer is also praying the court for 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 to freedom of movement. 

Adegboruwa is further asking for an order, restraining the government either by themselves or their privies, from restricting the movement of the applicant and other residents of Lagos State on the last Saturday of every month

Adegboruwa is contending that there is no law in Lagos State approving the compulsory detention of citizens at home, from 7am-10am, on last Saturdays of the month, for the purpose of observing the said sanitation.

Joined as respondents in the suit are the Inspector General of Police, Commissioner of Police of Lagos State, Governor of Lagos State, and the Attorney General of Lagos State.

Other respondents are: Lagos State Commissioner for Environment, and the Lagos State Ministry of Environment.
 
However, the case could not go on for hearing on Tuesday, due to the absence of th respondents in court, as they were yet to be served with a copy of  the court processes.

Justice Mohammed Idris therefore, ordered that hearing notices to be served on the respondents and adjourned the case to January 28, 2015 for hearing.

In his affidavit in support of the suit, Adegboruwa averred that he had been restricted on several occasions on the last Saturday of every month, from going out, on the grounds of an Environmental Sanitation exercise in Lagos State.

He said that on June 28, 2013, he was invited by Channels Television, through an e-mail, for a program the following day, which was a Saturday, at Isheri North, to hold by 9 a.m.

"The next morning of June 29, 2013, I set out from my house in Lekki to honour the said invitation. 

"At the Ketu interchange on the Lagos-Ibadan expressway, I was arrested and detained by police officers on the ground that the monthly environmental sanitation exercise was going on. 

"The expressway was blocked by policemen, and officers of the Lagos State Traffic Management Authority, LASTMA, also used their pick up vans to block the road, to prevent access and to hinder free movement.

"I have a monthly arrangement with Alba Nig. Ltd., one of the companies licenced by Lagos State to clear refuse, and they deploy their trucks to my house regularly, to dispose of all the waste generated by my household.

"I am aware that the sixth respondent has granted several other private firms the right to manage waste disposal in Lagos State.

"I verily believe that the restriction of human and vehicular movement constitutes a breach of the fundamental human right of freedom of movement as guaranteed under the 1999 Constitution and the African Charter" he averred