Governor
Babajide Sanwo-Olu had signed the prevention bill in March in response to the
coronavirus pandemic.
The Federal
High Court in Lagos will on July 10 hear the suit asking it to quash the
conviction and sentencing of Nollywood actress, Funke Akindele; her husband,
Abdul-
Rasheed Bello; and 236 others arrested, pursuant to the Lagos State
Infectious Diseases (Emergency Prevention) Regulations 2020.
Funke
Akindele-Bello was arrested and sentenced by the Lagos state police command
over the house party hosted in her house to celebrate her husband’s birthday on
Saturday at their Amen Estate residence.
However, the
plaintiff in the suit, Olukoya Ogungbeje, wants the court to declare that the
law is inconsistent with provisions of Chapter IV of the 1999 Constitution
relating to fundamental human rights.
Mr Ogungbeje
told the court that he had a duty “to protect and defend the sanctity of the
Constitution of the Federal Republic of Nigeria from any contravention or
infraction.”
He urged the
court to declare that “the purported arrest, arraignment, trial, conviction and
sentencing of persons/Nigerian citizens under the Lagos State Infectious
Diseases (Emergency Prevention) Regulations 2020 for an alleged offence unknown
to law and violation of same, which cannot be grounds for criminal liability is
a nullity.”
He also urged
the court to hold that by virtue of the Court of Appeal’s pronouncement in the
case of Faith Okafor vs Lagos State Govt. and ANOR on November 4, 2016, “a
directive issued by a governor is not a law and violation of same cannot result
in criminal liability.”
Justice Maureen
Onyetenu adjourned to hear the suit on July 10.
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