Human Rights and Empowerment Project Ltd/GTE (HREP) has advised the Lagos State Governor, Mr. Babajide Sanwo-Olu not to contemplate of a monthly environmental exercise that would restrict the movement of Nigerians, as the Court of Appeal had ruled that the state government has no power to do so. Addressing journalists yesterday in Lagos, the group’s chairman and executive director, Mr. Ikenna Okoli, and Mr. Francis Moneke, reminded Governor Sanwo-Olu that the monthly exercise was canceled by the administration of the former governor, Akinwunmi Ambode, as a result of two court judgments, which declared it illegal and ordered for its cancelation.
The group stated that any attempt to re-introduce the monthly environmental exercise would be a direct affront on the judgments and order of the Court of appeal, and any authority or person that engages in enforcing such policy would be liable for contempt of court “Our attention has been drawn to the report making the rounds in the media that the newly inaugurated administration of Babajide Sanwo-Olu plans to reintroduce the monthly environmental sanitation exercise in Lagos State.
“For the avoidance of doubt, the abolition of the monthly environmental sanitation exercise sometime in November 2016, by the immediate past governor of the state, Akinwunmi Ambode, was not a mere policy summersault, but was informed by or premised on the compelling order of the Court of Appeal, Lagos Division, in the judgment delivered in the case of Okafor vs Lagos State Government.
“That case, which was sponsored by HREP and prosecuted from the High Court of Lagos State up to the Court of Appeal by Ikenna Okoli, with a team of other lawyers as counsel for the appellant, has laid to rest the issue of the propriety of restricting the movement of people for the reason of environmental sanitation.
“The Court of Appeal in that case reversed the earlier decision of the state high court on the issue, and held that the fundamental right to freedom of movement which is constitutionally guaranteed under Section 41(1) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) cannot be taken away or curtailed by mere executive order or policy, or even a law.
“Section 41 (2) of the Constitution, specifically mentions matters in which a law may be justified to restrict the movement of citizens. Environmental sanitation is certainly not a justifiable reason to restrict the fundamental right to freedom of movement. Nothing stops the Lagos State Government from running or implementing a seamless and robust sanitation policy without restricting the movement of people as it is done in other civilized nations,” the group held. HREP submitted that sanitation exercise ought to be a continuous or regular exercise that should not be limited to once in a month ritual.
