The Lagos State Government has clarified that the reintroduction of the environmental sanitation exercise does not violate residents’ fundamental rights, particularly the right to freedom of movement, contrary to some media reports.
According to the Attorney General and Commissioner for Justice, Lawal Pedro, SAN, the interpretation of the Court of Appeal ruling on the matter has been widely misrepresented.
He explained that the subsisting judgement of the Court of Appeal in CA/L/381/2015, delivered on November 23, 2021, upheld the legality of the environmental sanitation exercise in Lagos State.
Sanitation exercise, Supreme court yet to determine suit
The court ruled that the exercise is valid, backed by law, and does not infringe on the fundamental rights of citizens.
The case was originally instituted by Mr. Ebun Adegboruwa, SAN, whose claims were dismissed by the appellate court. Dissatisfied with the ruling, Adegboruwa proceeded to appeal to the Supreme Court.
However, the Supreme Court has yet to overturn or set aside the Court of Appeal’s judgement.
The Attorney General emphasised that unless there is any subsequent judgement nullifying the 2021 decision, which he noted he is unaware of, the ruling remains the prevailing legal position.
Consequently, the state government is within its rights to implement controlled movement during the monthly sanitation exercise.
Addressing references to an earlier Court of Appeal judgement in Faith Okafor v. Lagos State Government & Anor, delivered in November 2016, Pedro stated that the decision cannot be regarded as the current legal authority, as it has effectively been superseded by the 2021 ruling of the same court.
He further clarified that what the government has introduced is not a total restriction of movement but a controlled movement system. Under this arrangement, residents are still free to move within the state, provided they avoid streets and areas where sanitation activities are actively ongoing.
“This approach is designed to ensure the safety of both residents and sanitation workers, as well as to allow for the effective execution of the exercise,” he explained.
The Lagos State Government reiterated its commitment to maintaining a clean and healthy environment while ensuring that all actions remain within the bounds of the law.
