A Federal High Court in Lagos has suspended the enforcement
of a judgment which stopped the Lagos State Government from imposing movement
restriction on citizens during the monthly sanitation exercise in the state.
The fresh order, made by Justice Mohammed Idris on Friday,
put on hold the enforcement of a March 16, 2015 judgment nullifying the power
of Lagos State and its agents to arrest anyone found moving during the
sanitation exercise.
According to the judge, the March 16 judgment would not be
enforced until the outcome of the appeal filed by Lagos State challenging the
judgment.
Idris, however, ordered the state to compile records of
proceedings within 90 days otherwise the stay of execution would be voided.
The implication of the order is that anyone found moving
between 7am and 10am on the last Saturday of the month, either on the state or
federal roads in Lagos, while the sanitation exercise is being observed, would
be liable to arrest.
The Lagos State Government, had through its Solicitor
General, Mr. Lawal Pedro (SAN), filed an application for stay of execution,
urging Idris to summarily suspend the enforcement of his judgment.
Idris had, on March 16, declared the movement restriction
policy as illegal and a violation of sections 35 and 41 of the Constitution,
which preserved the citizens' right to personal liberty and freedom of
movement.
Though the judge did not overrule the sanitation exercise, he
held that Lagos State and its agents lacked the legal backing to arrest or
detain any citizen found moving during the exercise as there was currently no
law to that effect.
'I have no doubt that the restrictions imposed on the
movement of persons and sanctions meted out to those who breach them are
clearly unsupportable in law and unjustified.
'I must state loud and clear that the environmental
sanitation exercise is not in itself unlawful, but what is unlawful and
unconstitutional is the restriction imposed by the respondents during the
exercise,' Idris had held.
But Pedro, in a further affidavit, insisted that the judge
did not consider or exhaust all the relevant provisions of the law before
arriving at his judgment.
'We were able to show exceptional circumstances in our
further affidavit; we exhibited a law, which, I must concede, was not brought
to the attention of the court; the court would have been more comfortable while
arriving at its judgment, if that law was brought before my Lord,' Pedro said
on Thursday.
He made reference to and read Section 28 (1) and (2) of the
amended Environmental Sanitation Edict of 1987, which empowered the police, a
sanitary officer or a member of the then Military Task Force to arrest without
a warrant, any person 'found roaming about without lawful excuse within such
specific period,' when any normal communal or other civic obligation directed
by either the state or Federal Government was supposed to be observed.
Pedro further likened the movement restriction policy to what
obtains during the general elections period, saying though he was not aware of
any specific law that said movement must be frozen during elections, peculiar
circumstances necessitated the policy.
In opposition, the respondent/applicant, Mr. Ebun-Olu
Adegboruwa, had asked the court to refuse the application for stay of judgment
execution, saying Lagos State had a penchant for disregarding court judgments.
He said the state had been known for undermining the
authority of the court and accused the state of deliberately delaying hearing
in its own appeal against Idris' judgment.
But one Quduz Lawal, deponent to Lagos State's further
affidavit, debunked the claim, saying, 'I specifically deny the allegation of
the respondent that it is the trade mark of the 3rd-6th respondents/applicants
to always disregard judgment of courts.
'There has been no environmental sanitation exercise in Lagos
State since the judgment of this court was delivered on 16th March, 2015.
'I also deny that the applicant intend to delay the hearing
of the appeal against the judgment of this honourable court.'
Idris ruled in favour of the application for stay of
execution.
Adegboruwa had obtained the court judgment after arguing that
the movement restriction policy in the name of sanitation was 'an illegal and
an obnoxious' policy.
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