Fifteen grounds were listed in support of the application signed by Oluwatosin Adesioye, Esq., Deputy Head of Chambers (Litigation) of Ebun-Olu Adegboruwa SAN & Co.
A human rights lawyer, Ebun-Olu Adegboruwa, SAN, has dragged Governor Babajide Sanwo-Olu of Lagos State to the Supreme Court seeking an order to restrain the government of Lagos State from imposing movement restrictions on Lagosians during the planned monthly environmental sanitation exercise.
In a Motion on Notice filed at the registry of the Supreme Court on Monday, July 22, 2024, the human rights advocate is seeking an order of injunction to restrain Sanwo-Olu, the Attorney General, Lagos State Commissioner for Environment and Lagos State Ministry of Environment.
The four were listed as 1-4th Respondents as Adegboruwa seeks an order against them from restricting his movement and that of other residents of Lagos State, on the last Saturday or any other day of every month for the purpose of observing any environmental exercise/activity pending the hearing and final determination of the appeal pending in the Supreme Court.
In Motion Marked SC/CU/380/2024, Adegboruwa, sought among others an order restraining the respondents from arresting and detaining him and other residents of Lagos State on the last Saturday or any other day of every month whatsoever, for the purpose of enforcing compliance with the environmental sanitation policy of Lagos State pending the hearing and final determination of the appeal pending before the Supreme Court.
Fifteen grounds were listed in support of the application signed by Oluwatosin Adesioye, Esq., Deputy Head of Chambers (Litigation) of Ebun-Olu Adegboruwa SAN & Co.
Recently, there has been unconfirmed news of the planned resumption of the monthly environmental sanitation policy of Lagos State, by which all residents are forced to remain indoors for three hours on the last Saturday of every month.
On March 16, 2015, the Federal High Court, Lagos presided over by the Honourable Justice M.B. Idris (as he then was) struck down the environmental sanitation programme of Lagos State and further restrained the Inspector-General of Police and all police officers from enforcing the said policy through indiscriminate arrest of citizens for non-compliance.
Although the Lagos State Government appealed against the judgment, it nonetheless abolished the unpopular policy.
In a 17-paragraph affidavit in support of the application for injunction before the Supreme Court, Mr. Daniel Sidi Wamdzu, Litigation Executive in the law office of the applicant narrated the sequence of events leading to the case.
He stated, “Sequel to the commencement of Suit No. FHC/L/CS/1690/2024 before the Federal High Court of Lagos State, sitting at Ikoyi, Lagos State, on 16th day of March 2015 judgment was delivered by the Federal High Court, Coram Honourable Justice M.B. Idris (as he then was) (hereafter the Trial Court).
“By the judgment of the Trial Court, it was held that the rights of the Applicant as guaranteed under Sections 35 and 41 of the 1999 Constitution had been infringed upon by the Respondents and as such all the substantive reliefs sought by the Applicant against the Respondents were granted as prayed.
“The Applicant and other residents of Lagos State have been, without any resistance or hindrance, allowed their everyday free movement inclusive on the last Saturday or any other day of every month whatsoever since the judgment of the Trial Court. On the other hand, the Respondents terminated the monthly environmental sanitation exercise which hitherto held on the last Saturday of every month.
“The Respondents’ appeal against the judgment of the Trial Court was allowed by the Court of Appeal, Lagos Judicial Division on the 23rd day of November 2011, and being dissatisfied with the decision of the Court Below, the Applicant filed a Notice of Appeal on 6th February 2022 against the judgment of the Court Below.”
He further stated, that the record of appeal was settled, compiled and transferred to this Honourable Court which has led to the present appeal to wit: Supreme Court No: SC/CV/380/2022. “While the Applicant and the Respondents, been subjected to the final determination of the instant appeal, are awaiting the hearing and final determination of this appeal, the Applicant as well as other residents of Lagos State have been enjoying their everyday free movement inclusive on the last Saturday or any other day of every month in Lagos State.
“As it stands, the Respondents are yet to file a Respondents’ Brief of Argument despite receiving on the 31st day of May 2022 the Appellant’s Brief of Argument filed on 9th May 2022. Notwithstanding that the extant appeal is pending and ripe for hearing, the Respondents have been taking steps to re-introduce the compulsory compliance with their monthly environmental sanitation policy/ exercise in violation of Section 35 and 41 of the 1999 Constitution and the rights of the Applicant.
“Particularly as published in news reports, the Respondents have indicated their resolve and concluded arrangements to resume their compulsory environmental sanitation exercise in Lagos State in the month of July, 2024 or subsequent thereafter with the threat to restrain the movement of the Applicant and other residents of Lagos state (the very issue submitted to this Honourable Court for final determination in this appeal).
“Online publications of the Punch Online and The Guardian titled: “Lagos to reintroduce monthly environmental sanitation after eight years”. As it stands the Applicant is apprehensive that despite the pendency of this appeal which the same is ripe for hearing, the Respondents are now taking steps to erode the judicial powers of this Honourable court to determine the Appeal despite not filing any Respondent brief to this appeal.
“Rather than await the final decision of this Honourable Court in determining the validity of the compulsory compliance with the Respondents’ monthly environmental sanitation policy/ exercise vis-à-vis the Applicant’s right to liberty and movement as guaranteed by the Constitution, the subject matter of this appeal, the Respondents are now resorting to self-help in total disregard to the pending appeal with the aim to render a fait accompli to the decision of this court.
“I am informed by Emmanuel Omohavwa, Esq. a legal practitioner in our law firm, on the 22nd day of July, 2024 at about 1:00pm via a telephone call and I verily believe him to be true when he stated as follows:
That this appeal raises recondite issues of law for determination and likely to succeed hence the non response or opposition to the Appeal on the merit from the Respondents.
“That it is in the interest of justice if the res of this appeal (which is Applicant’s continuous enjoyment of free movement in, within and out of Lagos State as guaranteed by the Constitution of the Federal Republic of Nigeria) is preserved pending the final determination of this appeal.
“The Applicant has been diligent in prosecuting this appeal hence the timely filing of the Appellant’s Brief of Argument since 9th day of May, 2022. That the pending appeal has arguable grounds and there are chances of success thereto.”
He told the court that if the Respondents are not restrained from enforcing any activities/ policy that will restrict the daily movement and freedom of the Applicant as well as other residents in Lagos State, the Applicant’s appeal in this Honourable Court will be rendered “academic, otiose and nugatory”.
The Applicant stated that there are special and exceptional circumstances in the Applicant’s Notice of Appeal which warrant an order of injunction against the Respondents in favour of the Applicant pending the determination of the Applicant’s appeal.
“If this application is refused and the said appeal is eventually upheld, the res before the Court of Appeal, which is the constitutional right of the Applicant would have been grossly abused and eroded. That there is need therefore to grant this application in order not to render nugatory the decision of the Court of Appeal in the eventual success of the Applicants’ appeal.
“If the Applicant’s application is not granted pending the hearing and determination of his appeal, the Applicant will suffer great and untold hardship, irreversible loss of his freedom, damage and injustice as the Respondents may proceed to lavishly restrict his constitutionally guaranteed right.
“Having waited since March 2016 till July, 2024, a period of over eight years without derogating the Applicant’s free movement and liberty in Lagos State, the Respondents will not suffer any prejudice or hardship if they are made to be restrained and await the final determination of this appeal.
“It will cause greater hardship to the Applicant if the instant application is refused.”
Meanwhile, no date has been fixed for the hearing of the motion.
