RIGHTS ACTIVIST SUES LAGOS OVER FORCED ENVIRONMENTAL SANITATION

LAGOS-BASED lawyer, Ebun-Olu Adegboruwa has challenged the monthly environmental sanitation in Lagos, describing it as a flagrant violation of his fundamental right to freedom of movement as guaranteed under Section 41 of the 1999 Constitution of the Federal Republic of Nigeria and Article XII of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act, Laws of the Federation of Nigeria, 2004.
Adegboruwa’s challenge was contained in a suit filed before Justice Mohammed Idris of the Lagos division of the Federal High Court, in which, he sought a declaration of court that the forceful environmental sanitation is illegal, unconstitutional, null and therefore void.
In a motion on notice brought under the Fundamental Rights Enforcement Procedure Rules 2009 and Section 41 of the 1999 constitution of the Federal Republic of Nigeria, a copy of which was made available to The Guardian yesterday, the lawyer wants a declaration that he and other residents of Lagos are entitled to move freely every day of the year inclusive of every last Saturday of every month in exercise of their fundamental rights, as guaranteed under Sections 35 & 41 of the 1999 Constitution of the Federal Republic of Nigeria and Article XIII of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act, Laws of the Federation of Nigeria, 2004.
Named as respondents in the suit, slated for hearing today, November 18. 2014; are the Inspector-General of Police, Commissioner of Police, Lagos State Command, the Lagos State governor, the Attorney General of Lagos State, Lagos State Commissioner for The Environment and the State Ministry of The Environment.
The lawyer wants among other injunctive reliefs, an order restraining the respondents either by themselves or by their servants, agents or privies or otherwise howsoever, from restricting the movement of the applicant and other residents of Lagos State on the last Saturday of every month or any other day whatsoever.
He also urged the court to declare that the respondents are not empowered by law to restrict freedom of movement of the applicant and other residents of Lagos state on federal roads in Lagos State or indeed any other road.
Adegboruwa further wants an order of court directing the respondents either by themselves, their servants, agents or privies to forthwith allow the applicant and other residents of Lagos State to move freely on every last Saturday of every month and any other day, in exercise of his (their) fundamental rights as guaranteed under Sections 35 & 41 of the 1999 Constitution of the Federal Republic of Nigeria and Article XII of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act Laws of the Federation of Nigeria, 2004.
Source: Guardian