Court Declares Restriction Of Movement on Environmental Sanitation Days Illegal

Court Declares Restriction Of Movement on Environmental Sanitation Days Illegal 

Justice Ibrahim Idris of the Federal High Court in Lagos this morning (Monday) held that the restriction of movement of residents on environmental sanitation days by the Lagos State Government is illegal

According to the judge there is no law in force in the state by which any citizen could be kept indoors, compulsorily.

The court also held 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.

The judge further found that there is no regulation in force presently, in Lagos State, which authorizes the restriction of movement of citizens, on the last Saturdays of the month, for the purpose of observing environmental sanitation.

The suit was filed by a human rights activist, Ebun-Olu Adegboruwa.

The defendants in the suit are Inspector General of Police, Lagos State Commissioner of Police, Lagos State Governor, Attorney General of Lagos State, Lagos State Commissioner for Environment and Lagos State Ministry of Environment.

Adegboruwa had submitted 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, could not be the basis of restricting human movement on Saturdays, as no regulation in force had indeed been made for that purpose. 

The lawyer also challenged the Lagos State Government to produce such regulation before the court if it existed.

He further asked the court to hold that even if there was such regulation in force, it could not 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 officials of the Lagos State Traffic Management Authority (LASTMA). 

Adegboruwa also insisted thst the federal roads were built and being maintained by the Federal Government, and as such, the state government lacked the authority over federal roads in Lagos.

He contended that having privatized and commercialise waste management in Lagos by making people to pay for waste disposal, the state government lacked the right to turn around to restrict human movement for environmental sanitation.

The lawyer therefore, urged the court to declare the restriction of movement for sanitation exercise as unconstitutional.

While responding to the argument, Chief State Counsel in the Lagos State Ministry of Justice, Jonathan Ogunsanya submitted 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, was an example of such derogation. 

Contrary to Adegboruwa's claim that there was no law that restricts human movement for sanitation exercise, Ogunsanya said the Environmental Sanitation Law of Lagos State actually made provision for the Commissioner for the Environment to make regulations geared towards ensuring clean environment and public safety.

He argued further 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. 

He said that there were classified exceptions to the restriction, including emergencies and ambulance services and those on essential services.