Lagos Gov’t Speaks On Court Judgement Nullifying Sanitation Day Restrictions
As Lagos State considers reintroducing the monthly environmental sanitation exercise, the state government has clarified a court ruling that nullified the restriction of residents’ movement on sanitation days.
The Commissioner for Environment and Water Resources, Mr. Tokunbo Wahab, announced recently that the state is considering bringing back the monthly cleanup programme, which was suspended in 2016 due to the logistical challenge of restricting movement in a fast-paced megacity.
According to Wahab, a formal relaunch date will be announced once executive approval is secured.
“Lagos is strongly considering reintroducing the monthly environmental sanitation exercise. Once approved by EXCO, the Governor will officially announce the re-launch. It’s long overdue,” Wahab said.
However, it is important to note that in November 2016, the Court of Appeal, Lagos Division, declared the restriction of movement during the monthly sanitation exercise illegal.
The court ruled that the Lagos State Government lacked any legal basis to enforce such restrictions, as no law existed to support them.
Justice Ugochukwu Ogakwu, who read the judgement, stated that without a written law in place, the governor’s directive requiring residents to remain indoors between 7:00 a.m. and 10:00 a.m. on the last Saturday of every month was unconstitutional, unlawful, and invalid.
The case was brought by Faith Okafor, who challenged the legality of her arrest and detention by the Lagos State Government for allegedly violating the sanitation directive.
In its ruling, the court restrained the state and its agencies from further arresting or prosecuting individuals for sanitation-related offences unless such actions complied with constitutional provisions.
“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,” Justice Ogakwu declared.
“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.”
When asked by THE WHISTLER how the state government intends to ensure compliance from residents considering the Appeal Court judgement, the Commissioner for Information and Strategy, Mr. Gbenga Omotoso, claimed the court ruling was in the government’s favour.
“The Court verdict is in favour of LASG,” Omotoso told THE WHISTLER.
However, it remains unclear why he made that assertion, given that the appellate court had clearly overturned the lower court’s decision, which had initially supported the government’s position.
Lagos Gov’t Speaks On Court Judgement Nullifying Sanitation Day Restrictions is first published on The Whistler Newspaper
