The Appeal Court in Lagos has nullified the monthly environmental sanitation in Lagos State, saying it is illegal and ordered the Lagos State Government not to restrict people’s movement on that day.
The court which delivered its judgment at the weekend banned the state government from further restricting anyone’s movement within Lagos State at any time or day whatsoever on the basis of environmental sanitation as there is no written law to that effect.
Justice Ugochukwu Ogakwu of the Court of Appeal, Lagos Division held that in the absence of a written law prescribing the same, the governor’s directive for people in Lagos State to stay at home and not to move about thereby restricting movement of persons in Lagos State within the hours of 7.00am to 10.00am on the last Saturday of every month was unlawful, illegal and unconstitutional.
The suit was brought before the court by a citizen, Faith Okafor (Appellant) against the Lagos State Government (Respondent).
The court restrained the Lagos State Government and its affiliates from further arresting the anyone whatsoever on the basis of a purported environmental sanitation offence or trying anyone in the Special Offences Court without conforming to the dictates of the Constitution.
“The court further declared that the 1st Respondent’s directive for people in Lagos State to stay at home and not to move about thereby restricting movement of persons in Lagos State within the hours of 7.00am to 10.00am on the last Saturday of every month is unlawful, illegal and unconstitutional.
“The Respondents are hereby restrained from further restricting the Appellant’s or anyone’s movement within Lagos State at any time or day whatsoever on the basis of environmental sanitation without there being a written law prescribing the same.
“The Respondents are restrained from further arresting the Appellant or anyone whatsoever on the basis of a purported environmental sanitation offence or trying anyone in the Special Offences Court without conforming to the dictates of the Constitution. The Appellant is entitled to the costs of this appeal which I assess and fix at N100, 000.00,” he ruled.
The court which delivered its judgment at the weekend banned the state government from further restricting anyone’s movement within Lagos State at any time or day whatsoever on the basis of environmental sanitation as there is no written law to that effect.
Justice Ugochukwu Ogakwu of the Court of Appeal, Lagos Division held that in the absence of a written law prescribing the same, the governor’s directive for people in Lagos State to stay at home and not to move about thereby restricting movement of persons in Lagos State within the hours of 7.00am to 10.00am on the last Saturday of every month was unlawful, illegal and unconstitutional.
The suit was brought before the court by a citizen, Faith Okafor (Appellant) against the Lagos State Government (Respondent).
The court restrained the Lagos State Government and its affiliates from further arresting the anyone whatsoever on the basis of a purported environmental sanitation offence or trying anyone in the Special Offences Court without conforming to the dictates of the Constitution.
“The court further declared that the 1st Respondent’s directive for people in Lagos State to stay at home and not to move about thereby restricting movement of persons in Lagos State within the hours of 7.00am to 10.00am on the last Saturday of every month is unlawful, illegal and unconstitutional.
“The Respondents are hereby restrained from further restricting the Appellant’s or anyone’s movement within Lagos State at any time or day whatsoever on the basis of environmental sanitation without there being a written law prescribing the same.
“The Respondents are restrained from further arresting the Appellant or anyone whatsoever on the basis of a purported environmental sanitation offence or trying anyone in the Special Offences Court without conforming to the dictates of the Constitution. The Appellant is entitled to the costs of this appeal which I assess and fix at N100, 000.00,” he ruled.
