Restriction of movement during elections illegal – Adegboruwa

Activist-lawyer Ebun-Olu Adegboruwa has said there is no legal basis to restrict movement during elections.

He said, citing a Federal High Court judgment, which nullified the restriction of movement during environmental sanitation, saying the verdict’s principles ought to apply during elections.

Adegboruwa recalled the Acting Inspector-General of Police (IGP) Mohammed Adamu had announced that there would be restriction of human and vehicular movements for 12 hours from 6am to 6pm due to the elections, which were later postponed.

He said it was beyond the IGP’s powers to forcefully keep people at home because of elections.

According to him, there is no law in force in Nigeria authorizing such unlawful restriction of movement.

“The Federal High Court had occasion to pronounce on a similar illegal directive in the case of Ebun-Olu Adegboruwa, Esq. v. Inspector-General of Police & 5 others in Suit No. FHC/L/CS/1690/2014.

“In that case, the applicant, a legal practitioner, was on his way to honour an invitation as a guest speaker of Channels Television for an early morning programme on June 29, 2013, being the last Saturday of the month.

“He was accosted by policemen and LASTMA officials at the Ketu end of the Third Mainland Bridge, where the road had been barricaded on account of some compulsory three-hour environmental sanitation programme declared by the Lagos State Government.

“The applicant was denied free movement and was arrested and detained briefly but later released.

“Being dissatisfied with the action of the policemen, the applicant instituted an action at the Federal High Court to challenge his arrest and denial of his right to move around,” the senior lawyer said.

According to him, in striking down “this odious practice”, Justice Mohammed Idris (now of the Court of Appeal), held that restriction of movement on account of environmental sanitation was illegal.

The judge held: “Consequently, the restriction imposed on the applicant and other peace loving residents of Lagos State during the environmental sanitation day without a law prescribing such restrictions is unjustifiable and a gross infringement of the right to personal liberty and movement of the Applicant and the court so holds.

“Everyone high or low must be prepared to justify his acts by a reference to some statute or common law power which authorises him to act precisely in the way in which he claims he can act.

“Superior orders or state necessity are not defence to an action otherwise illegal.”

Adegboruwa said the IGP did not appeal against the judgment, “yet he proceeded to hold people down at home on February 16, 2019, contrary to the express order of injunction granted by the court in this case against any repeated illegal practice of keeping citizens indoors.”

“We will, therefore, not condone or agree with any attempt to restrict people’s movement illegally, on February 23, 2019 or indeed any other day, by reason of elections,” Adegboruwa added.

Credit: The Nation