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Wednesday, 9 November 2016

Appeal Court nullifies monthly environmental sanitation in Lagos

The Appeal Court in Lagos has described as illegal the monthly environmental sanitation exercise held in the state. Delivering judgment in a suit filed by a resident of the state, Faith Okafor against the Lagos State Government (Respondent) over the weekend, Justice Ugochukwu Ogakwu of the Court of Appeal said their was no law written in the state that validates the restrain put on members of the public not to leave their homes between 7am to 10am as instructed by the state government during any of the monthly sanitation exercise.

The court ruled that the order given to residents of the state not to leave their homes within a stipulated time is unconstitutional, illegal and unlawful.

Faith had dragged the state government to court after she was arrested and charged before a special court for moving about during environmental sanitation on May 25th 2013.

The court in its ruling, restrained the Lagos State Government and its affiliates from further arresting the anyone whatsoever on the basis of a purported environmental sanitation offence or trying anyone in the Special Offences Court without conforming to the dictates of the Constitution.

Part of Justice Ogakwu reads
“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. 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.”

33 comments:

Peter Dumore said...



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livingstone chibuike said...

Well is all gud

NaijaDeltaBabe said...

Okay


...merited happiness

vinna saviour said...

Just like that

Bonita Bislam said...

It can so annoying especially if one has something important to do on such hours.They really have to review this restriction of movement thingy

Uju Phil said...

Ope oh... Imagine this folks arresting my friend's mum on her way back from morning mass!

Eddy Ogbunambala said...

Ok

Iphie Abraham said...

Good one. We have rights too







Lib addict#just passing#

Juliet Iwuno said...

Nna na wa o! Linda take note!

A*B Nice said...

Better!

Eazzy Pompey said...

God will help us

Miebaka koko said...

Baseless!!

Nnenne George said...

Whaaarefa...

Plz add me on LIS @Nnenne George. Thanks in advance

Bade said...

Good judgement.

Ndubisi Tochukwu said...

Wow...this has always been the norm since I was born. Monthly environmental exercise..
Signed
LibBadBoy

Vivian Reginalds said...

hmm
-D great anonymous now as Vivian Reginalds

freeborn bamislam suani ahmad zinalima said...

Freeborn hiss! Ambode is behind this.LAGOS STATE WORLD MOST DIRTIEST STATE I DON KNOW WHAT THEIR USELESS SANITATION has change if not more dirty. How can u restrain peoples movement in the name of sanitation huh? Ambode should employ his apc youths graduate to do sanitation job for his.















#sad indeed

ONYX linda ikeji first son GODWIN said...

Yasssss! Finally! The unnecessary harassment and extortion will stop

Ogenah Boris said...

Are you serious

ASHANKA said...

OK SEEN

Anonymous said...

Nawa o.linda, are you sure you went to secondary school? You sef,read what you posted again.

christie benjamin said...

OK

Sunday Momoh said...

Which means I can go out during the monthly sanitation exercise without the fear of Boko government.......

Jamila Shaibu said...

Okkk

okechukwu nnoduechi said...

GOOD TO SEE







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OSINANL said...

GOOD...

Anonymous said...

I don't believe that this law will be active in the state. KAI officers seize the opportunity to forcefully collect money from defaulters

evy claret said...

Aite

Eva Da Diva...

Rapport Naija said...

hmmm God knows this is long overdue

MyPersonalOpinion said...

I am not in support. Without restriction of movement , people will not observe the sanitation exercise. I am only against the torture in the name of arresting defaulters.. There should be a more humane and civilised of dealing with defaulters... I am MPO, I just want to state My Personal Opinion
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Anonymous said...

thank God oh , another source of income for KAI don block....

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Chizzy Liz said...

**********************Lagosians oyanu muna flex *****mana lagos ga esigbukwa mmadu dix time around..... Una ans Aba no start to dsy compete

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