Court to Rule on Suit Challenging Restriction of Movement on Sanitation Days

A Federal High Court in Lagos yesterday fixed March 16 for judgment in a suit filed by a rights activist and lawyer, Ebun-Olu Adegboruwa, seeking to stop the restriction of human movements on the last Saturday of every month, for the purpose of observing environmental sanitation in Lagos State.

Trial judge, Justice Ibrahim Idris, fixed the judgment date after parties adopted and argued their briefs in respect of the matter.

Adegboruwa had filed the suit to contend that there was no law in force in Lagos State, presently, restricting movement of persons, for the purpose of observing environmental sanitation.

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.

While arguing the matter, Adegboruwa 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.

He challenged the Lagos State Government to produce such regulation before the court.

The lawyer further urged 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 Third Mainland Bridge where he was arrested by the police and officials of the Lagos State Traffic Management Authority (LASTMA).

He said 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.

Besides, Adegboruwa argued that having privatised and commercialised 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.

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

In response, Chief State Counsel in the Lagos State Ministry of Justice, Jonathan Ogunsanya, argued 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 there were classified exceptions to the restriction, including emergencies and ambulance services and those on essential services.

After hearing arguments from counsel, the court adjourned the case to March 16 for judgment.