The Appeal Court in Lagos has described as illegal the monthly
environmental sanitation exercise held in the state. Delivering
judgment in a suit filed by a resident of the state, Faith Okafor
against the Lagos State Government (Respondent) over the
weekend, Justice Ugochukwu Ogakwu of the Court of Appeal
said their was no law written in the state that validates the
restrain put on members of the public not to leave their homes
between 7am to 10am as instructed by the state government
during any of the monthly sanitation exercise.
The court ruled
that the order given to residents of the state not to leave their
homes within a stipulated time is unconstitutional, illegal and
unlawful.
Faith had dragged the state government to court after she was
arrested and charged before a special court for moving about
during environmental sanitation on May 25th 2013.
The court in its ruling, 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.
Part of Justice Ogakwu reads
“I have arrived at the inexorable conclusion that the appeal is
meritorious. The same succeeds and is allowed by me. The
Ruling of the lower court in Suit No. M/548/2013: FAITH
OKAFOR vs. LAGOS STATE GOVERNMENT & ANOR. delivered
on 1st July 2014 is hereby set aside. In its stead and for good
order sake, judgment is hereby entered for the Appellant
against the Respondents in the following terms:
It is hereby declared that the arrest and detention and
transportation of the Appellant in the back of a vehicle
which is of a metal cage with very little ventilation and
light “Black Maria” by officials and/or agents of the 1st
Respondent (KAI Brigade) on 25th May 2013 for a
purported environmental sanitation offence violates the
Appellant’s fundamental rights to respect for the dignity
of her person, personal liberty and freedom of
movement as provided under Sections 34, 35 and 41 of
the Constitution of the Federal Republic of Nigeria, 1999,
as amended, and is therefore illegal and
unconstitutional.”
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