A Kano Based Legal Practitioner, Barrister Ibrahim Baba has sued Commissioner of Police Kano State Command, Executive Governor of the State and two other Respondents, praying the court to declare that their acts in restricting his movement as Applicant in the case and that of other residents of State on the last Saturday of every month, for the purpose of observing the environmental sanitation exercise constitute a flagrant violation of their fundamental right to freedom of movement as guaranteed under section 41 of the 1999 Constitution of the Federal Republic of Nigeria.
The Applicant told the court that he filed the suit on behalf of the Citizens of the Federal Republic of Nigeria, maintaining that he approached the court pursuant to Article XII of the African Charter on Human and People’s Rights (Ratification and Enforcement) Act, Laws of the Federation of Nigeria, 2004 praying the court to declare that restrictions of movement by respondents is illegal, unconstitutional, null and void.
When the case came up on Tuesday for mention, before Chief Judge of Kano State, Justice Nura Sagir, Defense Counsel, Khalifa Hashim prayed for the extension of time to allow him response to the applicant’s affidavit.
Barrister Baba is similarly seeking the court to declare that himself and other residents of Kano State are entitled to move freely every day of the year, inclusive of every last Saturday of every month in exercise of their fundamental rights, as guaranteed under Sections 35 and 41 of the 1999 Constitution of the Federal Republic of Nigeria and Article XIII of the African Charter on Human and Rights (Ratification and Enforcement) Act, Laws of the Federation of Nigeria 2004.
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The Applicant is also seeking court to declare that the respondents are not entitled to restrict the movement and liberty of himself as his capacity of Applicant and other residents of Kano State, for the purpose of compulsory compliance with their environmental sanitation policy and that the said restriction is a violation of Sections 35 and 41 of the 1999 constitution of the Federal Republic of Nigeria and Article XII of the African Charter on Human and People’s Rights (Ratification and Enforcement) Acts, Laws of the Federation of Nigeria, 2004.
The lawyer is also praying the court to declare that respondents are not empowered by law to restrict freedom of movement of the applicant and other residents of Kano State on Federal roads in Kano State or indeed any other road.
He also needs the court to pronounce that any mobile court constituted to enforce the restriction of movement is null, void and unconstitutional.
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Justice Watch News gathered that the respondents in the suit are Commissioner of Police, Kano State Command, Executive Governor of Kano State, Attorney General of the State, State Ministry for Environment and State Commissioner for Environment.
Justice Watch News further observed that during the proceeding, the Kano State Commissioner of Police was not represented by a lawyer as his capacity of being the first Respondent.
Justice Sagir adjourned case and fixed July 7 for the hearing of motion on notice.
