Faith Okafor V. Lagos State Government & Anor (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

UGOCHUKWU ANTHONY OGAKWU, J.C.A.(Delivering the Leading Judgment)

PROLEGOMENON

25th May, 2013 was a Saturday. It was the last Saturday in the month of May. As they are wont to do in Lagos, it was a day set aside for the cleaning of the environment with the attendant restriction in movement between the hours of seven and ten in the forenoon.

On the said day, the Appellant was arrested for violating the restriction in movement directive. She was bundled into a ?Black Maria? with other persons who were arrested and they were arraigned before the Special Offences Court where she pleaded guilty, was convicted and fined N2,000.00 for ?wandering, loitering and walking about in defiance of the monthly compulsory environmental sanitation exercise.?

The Appellant paid the fine imposed and subsequently instituted proceedings at the High Court of Lagos State in Suit No. M/548/2013: FAITH OKAFOR v. LAGOS STATE GOVERNMENT & ANOR. for the enforcement of her fundamental rights to dignity of human person, personal liberty and freedom of movement. In the Amended Statement filed in support of the application, the Appellant claimed

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the following reliefs:

?1.1 A DECLARATION that the arrest and detention and transportation of the Applicant 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 25 May 2013 for a purported environmental sanitation offence violates the applicant?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 Articles 4, 5, 6 and 12 (1) of the African Charter on Human and People?s Right (Ratification and Enforcement) Act CAP A9, Laws of the Federation of Nigeria, 2004 and is therefore unlawful, illegal and unconstitutional.

1.2 A DECLARATION that the purported trial and conviction of the Applicant for a purported environmental sanitation offence violates the applicant?s fundamental rights to fair hearing as provided under Section 36 of the Constitution of the Federal Republic of Nigeria, 1999 as amended and Article 7 of the African Charter on HumanGeographic Reference

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and People?s Rights (Ratification and Enforcement) Act CAP A9, Laws of the Federation of Nigeria, 2004 and is therefore unlawful, illegal and unconstitutional.

1.3 A DECLARATION that 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 9.00 am to 10.00 am on the last Saturday of every month is unlawful, illegal and unconstitutional.

1.4 AN ORDER restraining the respondents from further restricting the Applicant?s or anyone?s movement within Lagos State at any time or day whatsoever on the basis of environmental sanitation.

1.5 AN ORDER restraining the respondents from further arresting the Applicant 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.