olalekan1:
This is good, I am in total support of it. A serious and sane government should know how to ensure people clean up their environment without restricting their movement.

omonnakoda:
There is no other sensible way to look at it than through the law. The Constitution is the supreme law and EVERY OTHER LAW must comply with the Constitution. I am not aware of whether Lagos State enacted any legislation before embarking o this enterprise.What this judgment is telling us is even if they did such a law is UNCONSTITUTIONAL. That is all there is to it and so no further discussion. Lagos State can appeal. I doubt that they will but if they do and lose then the only way to get that back is to change the constitution. Until such time there will be no restriction.

I think it is important to state why the government was always likely to lose. The law operates generally on PRINCIPLES that cover an infinite range of scenarios that cannot be captured exhaustively in legislation. If we are to have freedom of movement then we cannot have unlimited power to restrict that freedom. The ONLY scenarios envisaged in our constitution for restriction of movement are states of emergency and quarantine(quarantine is on the exclusive list) . By no stretch of the imagination can a routine exercise such as sanitation be classed as "emergency" therefore by imposing restrictions LAGOS STATE is exercising powers that IT DOES NOT HAVE. The rule of law implies that every person has boundaries and respects those boundaries. Government power has LIMITS. If government decides today they want to impose restriction for sanitation for 3 hours the question then arises why not for 3 days or one month?? Why not for religious reasons etc. In fact I see restrictions for Oro etc on shaky ground too

dein77:


The environmental sanitation exercise was brought about by a military decree. ..

omonnakoda:
Really? what is the name of the decree and when was it enacted?

dein77:
This is a welcomed development. Apart fro the fact that it violates one of our fundamental human rights as enshrined in our Constitution, at this time and age, it appears to be outdated and old fashioned to have an entire nation put on the halt every last Saturday of every month for Environmental sanitation exercise; [/b] it's supposed to be a DAILY activity[b]. This is 2015!

It may have worked in the past but it's obviously no more working. All that happens on those Saturday is that while a few clean their environment, the vast majority of people simultaneously idly wait for the hours to elapse, and then we go on piling obnoxious dirts and wait till another sanitation day before we do some cleaning and the process continues. It's a poor environmental management strategy.

In fact, I made a strong case against this decree around September last year when I was delayed at Agofure park because of sanitation exercise.

[/b]Every state government should employ and adequately equip and train environmental health officers who shall daily monitor our environment and punish defaulters where needed. [b]

This is a welcomed development.

slimmy05:
what do local govt do with the funds allocated to them? They should deploy staffs to clean swages and take refuse. Why do we pay tax.

nairabetguru:



when it was once every month you find it very hard to come out and clean ur environment now that it has been nullified .... your drainage will be blocked and streets littered with dirt thereby posing serious health risk to you and your immediate environment>>>>>>> Lord hav mercy on you.

eyinjuege:


Good question. Most of the LGs are as useless as they come. They are worse than the state and federal govts.
Its time to start demanding these LGs rise up to their responsibilities.

A Federal High Court in Lagos has declared as unlawful the restriction of citizens’ movement during the monthly Lagos environmental sanitation exercise. Justice Mohammed Idris, in a judgment delivered on Monday, held that such restriction of movement, in the name of sanitation, amounted to a violation of the citizens’ right to personal liberty and freedom of movement protected by sections 35 and 41 of the Constitution.

The court held that there is no law in place in Lagos state, which stipulates that citizens of the state be kept indoors compulsorily between those hours. The court found that the Constitution of the federal republic of Nigeria, grants freedom of movement to every citizen, and such freedom cannot be taken away by executive proclamation, in the absence of any law to that effect.

On Monday March 9, 2015, Justice Idris, presiding over a federal high court, Ikoyi, Lagos, took arguments in respect of the suit filed by human rights activist, Ebun-Olu Adegboruwa, against the Inspector-General of Police and the Lagos State Government, to challenge the restriction of human movements on the last Saturday of every month, for the purpose of observing environmental sanitation.

Mr Ebun-Olu Adegboruwa, led Mr Gbenga Awoseye, to argue the case himself. Lagos State Govt was represented in court by Mr Jonathan Ogunsanya, chief state counsel from the ministry of justice. In the suit, Adegboruwa was contending that there is no law in force in Lagos state, presently, restricting movement of persons, for the purpose of observing environmental sanitation. He argued that section 39 of the Environmental Sanitation Law 2000, of Lagos State, which the respondents claimed to empower the Commissioner for the Environment, to make regulations, cannot be the basis of restricting human movement on Saturdays, as no regulation in force has indeed been made for that purpose.

He challenged the Lagos State government to produce such regulation before the court. He then urged the court to hold that even if there is such regulation in force, it cannot be enforced on roads that are designated as federal highways under the Highways Act, such as the 3rd Mainland bridge where he was arrested by the police and Lastma officials.

Ogunsaya, in his response, argued that section 41 of the 1999 Constitution permits government to make laws that may derogate from the right to freedom of movement and that the Environmental Sanitation Law of Lagos State, 2000, is an example of such derogation. He argued further that the practice of keeping people at home for three hours only on the last Saturdays of the month is meant to keep society and environment clean and safe.

Therefore, he said that there are classified exceptions to the restriction, including emergencies and ambulance services and those on essential services. After hearing arguments from counsel, the court adjourned the case till today for judgment. After the judgement Barrister Ebun Adegboruewa while addressing journalist at the premises of the court said: “I am committed to the struggle to eradicate all forms of arbitrariness and impunity from our society.”

dein77:



Bro, abeg lemme be....

dtruth3:
wow! fantastic, going to my own state (Anambra) to institute a legal actions to that effect!

charijee:
You inclusive

abacusCm:
http://www.punchng.com/news/court-nullifies-movement-restriction-during-lagos-monthly-sanitation/

JeffreyJamez:


I no argue lol

fboycaestro:
well...okay

But who then is gonna take the exercise serious?

Mrbigman1:


Taaaaaaaaa onye bu nka?

We must clean our state by our self.
Do u know how much it's gonna cost the gov't to employ people who re gonna sweep d whole city?

Plus our culture of I dnt care and indiscriminate dumping of refuse, Anambra will turns ochanger of blessed memories.

We must clean it our self so we can know d pain of dumping.

One one nullifies d movement restrictions, no body will ever care

sucess001:
strange decision...



Strange indeed...



That rule has been in existence as far as i can remember...



I want to know the legal basis of the judgement...

Dragonking:
Good for fashola. Now he will know that GEJ is his boss...
Click like for GEJ and share for GMB..Let's see who wins.

slimmy05:
Another ignoramus

erico2k2:
the Tax you pay monthly is meant to be used f or however if you fail to clean up your personal space its you who is going to smell personally.
Thats what

charijee:
You fit argue?....how you dey jare?

Mrbigman1:

Oga I understand this, but imagine a situation wia worker re not paid for two months and with the level of waste generation in a city, osha and nnewi will return to d dust.

Dey still do some work and wen u see dem working, u'd know dat it's not in dia interest.

People should clean up dia compound every last Saturday and it should not be tempered with.

Plus in osha, tenants enjoy doing it, dey come out and have yard meeting after clean up and drink to it in relaxation.

The good thing is, oga re those who do d job, the boys wash cars and home and prepare for market.

That should not be played with in my state bikonu

JeffreyJamez:


I just dey o.....how your side?

charijee:
No shaking for my side ....I dey where you keep me o

JeffreyJamez:


Where I keep you?....

charijee:
Make I open your nyansh for here?

JeffreyJamez:


Open am abeg.... na beg I dey beg you o....Please open it

charijee:
Hahaha yeye somebody .....I understand say you dey beg me make I no try am

JeffreyJamez:


I no beg you not try am o.....beg fire!!..... see my bumbum please open it lol