Fidelity bank card banner Camano banner
The IGP has no powers to restrict movement for elections, By Ebun-olu Adegboruwa

By News Express on 18/02/2019

Views: 778

•Ebun-olu Adegboruwa, Esq.
•Ebun-olu Adegboruwa, Esq.

On February 15, 2019, the Inspector-General of Police had announced restriction of human and vehicular movements for twelve hours from 6am to 6pm of the same day, albeit illegally, on account of elections scheduled for February 16, 2019. And even after it became clear to all that the elections will not hold as scheduled, this restriction was not lifted officially, thus forcing people to stay indoors, contrary to the express provisions of the Constitution and other laws in that behalf, guaranteeing freedom of movement to all citizens.

By law, it is beyond the powers of the Inspector-General of Police to forcefully keep people at home because of elections, since there is no law in force in Nigeria presently, authorising such unlawful restriction of movement.

The Federal High Court of Nigeria, 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.

In striking down this odious practice, the court, Mohammed Idris J (as he then was) held as follows:

“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.”

The Court then breathed down these golden rules of protection for the liberty of all citizens of the land:

“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.”

The Inspector-General of Police did not appeal against this judgment of the court and 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.

•Ebun-olu Adegboruwa, Esq. writes from Lekki, Lagos.

Source News Express

Posted 18/02/2019 03:36:31 AM

 

 

CLASSIFIED ADS

 

You may also like...
Expect revolution in tourism sector — Minister

And the DSS struck and arrested the Judges...

Why herdsmen attacks cannot end — Governor Yari...

Bayelsa Police repels pirates’ attack on passenger boat,...

Facebook hires ex-British Deputy Prime Minister

Church killings: Obiano draws battle-line with perpetrators

Buhari appoints new Post-Master General

2 more finalists emerge in Airtel’s Nigeria’s Got...

Dangote set to boost local tomato production •Signs...

Court unfreezes Patience Jonathan’s 16 bank accounts

Group blasts Agbomhere for declaring war on Oshiomhole,...

Buhari writes article in London Guardian

 

Latest News Morning encounter with the Nigeria Police Force 17 ways to avoid being kidnapped Buhari: Why I didn’t sack my ministers Alleged forgery: Resign now, group urges Acting CJN Tanko Muhammad Bids for concessioining Asaba Airport opened Runaway killer driver of 4 school children lands in Police net Fayemi elected Chairman of Nigeria Governors’ Forum NAFDAC impounds fake, substandard goods worth N2.7m at Enugu Airport NCC releases over N100m to universities for ICT research Protesters give INEC ultimatum to release Okorocha's Certificate of Return Tension in INEC over alleged arrest of REC, others in Bayelsa 2 Confirmed dead in Onitsha building collapse

 

Most Read NUDE PHOTO OF OMOTOLA JALADE-EKEINDE surfaces online (481,372 views) Nigerian female sex addict opens up, says ‘I like it with both men and women’ (419,932 views) Shameless Genevieve Nnaji exposes breasts in public (358,491 views) Finally named: The full list of friends of Nigerian female sex addict who prowled Facebook (306,755 views) OLUMBA OLUMBA OBU (the one who called himself God) IS DEAD (270,762 views) Igbo scholar disgraces Femi Fani-Kayode •Demolishes claims on Igbo/Yoruba history with facts and figures (241,531 views) Breaking News: POPULAR REVEREND CONVERTS TO ISLAM in Kaduna (Nigeria) (229,512 views) OBJ’s son reported dead in Lagos plane crash •Names of more victims emerge (211,269 views) 10 cars more expensive than Jets (203,253 views) My wasted years in Olumba Olumba Obu’s Evil Brotherhood (200,633 views) THE FINAL DISGRACE: Igbo scholar unleashes more facts about Igbo/Yoruba history, finishes off Femi Fani-Kayode with second article (181,497 views) Lagos plane crash: Journalist releases victims’ names (181,491 views)

 

UBA Wise Savers Promo

 

Categories Advertorials (3) African Press Organisation (81) Art & Literature (91) Business & Economy (4,276) Business Verdict (71) Columnists (1,033) Complaints & Requests (95) Enterprise & Opportunities (208) Entertainment (614) Features (752) Global Business Monitor (364) ICT Monitor (44) International (3,471) Interview (179) Live Commentary (29) Love Matters (161) Maggie's Blog (272) News (46,451) Opinion (1,243) Pidgin (17) Politics (10,812) Religion (1,005) Sports (2,012) Stock Watch (39) AMA & Al Jazeera Global Update

 

 

 

 

 

APO Group Partner

 

 

CLASSIFIED ADS

GOCOP Accredited Member

GOCOP Accredited member

 

 

Africa Media Agency and Al Jazeera