Stella Dimoko Korkus.com: Lagos State Bans Environmental Sanitation....Yaay!

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Tuesday, November 08, 2016

Lagos State Bans Environmental Sanitation....Yaay!

The Appeal Court in Lagos has nullified the monthly environmental sanitation in Lagos State, saying it is illegal and ordered the Lagos State Government not to restrict people’s movement on that day.




The court which delivered its judgment at the weekend banned the state government from further restricting anyone’s movement within Lagos State at any time or day whatsoever on the basis of environmental sanitation as there is no written law to that effect.

Justice Ugochukwu Ogakwu of the Court of Appeal, Lagos Division held that in the absence of a written law prescribing the same, the governor’s directive for people in Lagos State to stay at home and not to move about thereby restricting movement of persons in Lagos State within the hours of 7.00am to 10.00am on the last Saturday of every month was unlawful, illegal and unconstitutional.

The suit was brought before the court by a citizen, Faith Okafor (Appellant) against the Lagos State Government (Respondent).

The court 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.

According to Justice Ogakwu, after due consideration of this appeal and the issues raised therein, “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.”

Justice Ogakwu declared that the purported trial and conviction of the Appellant for a purported environmental sanitation offence violates the Appellant’s fundamental rights to fair hearing as provided under Section 36 of the Constitution of the Federal Republic of Nigeria, 1999, as amended, and is therefore unlawful, illegal and unconstitutional.

The court further declared that in the absence of a written law prescribing the same, the 1st Respondent’s directive for people in Lagos State to stay at home and not to move about thereby restricting movement of persons in Lagos State within the hours of 7.00am to 10.00am on the last Saturday of every month is unlawful, illegal and unconstitutional.

4. The Respondents are hereby restrained from further restricting the Appellant’s or anyone’s movement within Lagos State at any time or day whatsoever on the basis of environmental sanitation without there being a written law prescribing the same.

“The Respondents are restrained from further arresting the Appellant or 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. The Appellant is entitled to the costs of this appeal which I assess and fix at N100, 000.00,” he ruled.

CUlled: pmnewsnigeria




52 comments:

  1. Could this be real?




    *Larry was here*

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  2. The title is enough....we don't need the epistle.

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  3. hmmmmmm good in a way because it has lost its value long time

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  4. What is Yaaay about this new?

    SDK,this is not a good news cause people's movement ain't restricted
    It's only, but for a few hours and after the sanitation the day is back to normal.
    That is the only day people generally clean in lagos state
    Now see how dirty and yucky everywhere would be.

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    1. It is actually restricted. It makes everyone move out at the same time, get stuck in traffic for nothing. People going for weddings slated like 11am have to start racing against time. Now imagine I am travelling with Virgin and my flight is for 10.05am on an environmental day, it means I have to leave my house and be at the airport before 7am. Not like people do any clean-up exercise but rather sleep in. So in effect its removal helps a lot sha.

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    2. I dont think we need to be locked down to clean our environment. We owe it to ourselves to clean around us

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  5. Hmmm..I CNT even make dis out..either its good or bad news!

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  6. Ambode is working, Lagos is moving forward
    This is great news

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  7. I love environmental Saturdays. We never complained of having to stay at home till 10am before leaving for business?

    At least we get to rebound with family on a Saturday morning and clean up the environment as well.

    #bringbackourenviromentalsaturdays

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    1. Leaving for business? thought you work where you get picked up by an imaginary staff bus? ok o

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  8. Not a great news..... They don't even take it serious any more.

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    1. When did they bring you to Lagos that you know we don't take it seriously?

      Say what you know

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  9. I hope the court is not encouraging people to remain dirty

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  10. Lagos will be so dirty ehnnn

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    1. It is still dirty even with d environmental sanitation!
      Na wa to us sha, so we need a special day/allocated time for keeping our surroundings clean?! Since we hv decided not to use our head na, let d city b dirty, make we dey live like animals. Nonsense

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  11. No, I don't like that it's banned. Rewind to when i was working, we had to go to work on Saturdays except on environmental Saturdays. Therefore, we love environmental Saturdays. This better not be true, I feel for my former colleagues.

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  12. Nawahoooooo the whole place will be a mess

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  13. What is yaay about this news stella? Staying in germany for long don dey reset your nigerian brain.
    Lagos pple too dey hustle every day and night and dis is the only few hours they get to rest a bit. You should hear how quiet environmental mornings are.. that bliss is over now

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    1. You're right. I never thought of it that way. I guess the problem with the "stay indoors" order was the unjust way police officers harassed people who maybe had to leave home for one emergency or the other. So now, on the one hand it's a good ruling as presently it's unlawful to arrest anyone for not observing the day but on the other hand, the day most hustlers will use to rest as an excuse because of the monthly exercise is no longer effective... I guess you win some, you lose some!

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    2. Depends on the area oh.

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  14. Stella,the sanitation was not banned rather its the restriction of movement they attached to it that was banned. What the court says is environmental can go on but people should be allowed to move about too.

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  15. I've always hated the idea of restricting people's movement because of environmental sanitation. There are other ways to make people clean their environment. I hope the government just goes with it

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    1. APC wants evri1 locked in for 3hours so dey can share dere juju allova d land,renewal na last Friday of everi month

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  16. a.k.a EDWIN CHINEDU AZUBUKO said...
    .
    Ok gud to knw.....
    .
    .
    ***CURRENTLY IN JUPITER***

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  17. Good!! I support this court ruling. Sometimes in 2005 I just came home from school to spend few days with my family, I was coming from a friend's house this Saturday morning suddenly I saw a pickup packed beside me and about 3 guys alighted from it. Immediately I started running but they ran after me, can you imagine? As if they were pursuing a thief alas they got me and were dragging me but I resisted. People in my area said they should leave me that I reside there but they didn't listen. I had a lot of bruises on me. A police man was also among them. I suffered that day eh ha, I was crying profusely they are so merciless. All that was running through my mind was where are they taking me to? I came to collect money now they have to use the money to bail me. At last they left me, I gave them tough time but I cried that day o ha. I have forgiven you people o. Thank God it has been cancelled.

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    1. See me giggling here..I can picture the whole drama and your tears flowing freely.😂😂😂😂

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    2. My sister I saw wen, those people are really heartless.

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  18. The Lagos state House of Assembly should pass it into law then.

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  19. Woah good news don't even know the importance of environmental sanitation.

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  20. Haba, Just environmental sanitation of once a month, na na , that means we should expect so much dirt

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  21. this is crap, environmental Saturdays helps a lot in keeping LAGOS clean. most lagosians are not complaining.

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  22. SDk how is it a great news bikooo??hmmmmmm I pity lagosians. Ndo nu

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  23. How I wish Lagosians would dump dirt in that oga Judge/Justice street close to his house so that he'd feel the need for sanitation.

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  24. They are sha looking for every way to make Lagos as bad as their erosion invaded states.
    Mtchew.

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  25. Say what?
    That was how those Kai people harassed my sister one Saturday like that because of this ish

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  26. Nothing great about this crappy news.

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  27. This is the law. Bit then now that people will no longer keep their immediate environments clean because of compelling situations no longer existing, will people now call on the Lagos state government to CE keep their homes clear for them. Now that no landlord can compel his tenants to skip business and work in order to keep the compound and street neat, can the landlord resort to using nwa ole ala to victimise tenants? The meetings of the streets for the safety and orderliness of the syrets is now dead and what happens there after. This is what happens when people are not ready to help themselves and also help government to help them

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