By Kayode Olopade
The narration in the media on the Court of Appeal ruling regarding the environmental sanitation exercise in Lagos State is inaccurate.
The Attorney-General and Commissioner for Justice, Lagos State, Mr. Lawal Pedro, SAN, has clarified that the subsisting judgment of the Court of Appeal in CA/L/381/2015, delivered on November 23, 2021, is in favour of the Lagos State Government.
According to him, the Court held that the environmental sanitation exercise is lawful and backed by existing legislation, adding that the fundamental rights of the applicant, Mr. Ebun Adegboruwa (now a Senior Advocate of Nigeria), were not breached.
He explained that it was Mr. Adegboruwa who, being dissatisfied with the judgment, appealed to the Supreme Court, noting however that the apex court is yet to set aside the decision of the Court of Appeal.
Pedro further stated that, in the absence of any subsequent judgment restraining the exercise, the conduct of environmental sanitation in Lagos State, including controlled restriction of movement, remains lawful.
The Attorney-General also noted that the November 2021 judgment of the Court of Appeal, Lagos Division, in Faith Okafor vs. Lagos State Government & Anor, does not represent the current legal position, as it has been superseded by the later judgment of November 23, 2021.
He therefore maintained that any restriction of movement during the environmental sanitation period does not contravene any subsisting judgment of the Court of Appeal.
Pedro added that the State Government has introduced a controlled movement system during the exercise, which does not infringe on residents’ fundamental rights. He explained that residents are free to move through roads and streets not affected by the sanitation activities, while only areas where cleaning is ongoing may be temporarily restricted to ensure the safety of both residents and officials.
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