Is Movement Still Restricted In Lagos On Environmental Sanitation Day?

Editor’s Note: The monthly Environmental Sanitation Day holds every last Saturday of the month in Lagos. During the former Governor Babatunde Raji Fashola tenure, a court judgement had ruled that it is illegal for Lagosians to be restricted at home during the exercise. But the state appealed the judgement. Is movement still restricted for residents or must they wait till the appeal is determined?

Some months ago, the Lagos State government was stopped from restricting residents’ movement from 7am to10am in the morning for the monthly environmental Sanitation Day. A Federal High court had declared as unlawful the restriction of citizens’ movement during the monthly Lagos environmental sanitation exercise.

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The court had ruled that there is no law in force in Lagos State by which any citizen could be kept indoors, compulsorily. It also added that there is no regulation in force currently 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.

In the judgment, the court had 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.

The thereafter proclaimed as null and void the power of the Lagos State Government and its agent to arrest any citizen found moving between 7am and 10am on the last Saturday of every month when the environmental sanitation exercise is observed.

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

Adegboruwa who had argued the case himself contended that there is no law in force in Lagos State restricting movement of persons, for the purpose of observing environmental sanitation.

The lawyer also 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 for restricting human movement on Saturdays, as no regulation in force has indeed been made for that purpose.

He challenged the Lagos State Government to produce such regulation before the court. He urged to hold that even if there is such regulation in force, it cannot 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 LASTMA officials.

But in a swift reaction, the Lagos State government has appealed the judgment. But before the appeal is determined, can Lagosians take advantage of the initial judgment to go out or do they have to wait for the Appeal Court judgment?

 

 

 

 

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