Lawyer Sues Delta Govt N5m Over Harassment On Sanitation Day, Demands Abolition Of Exercise

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LAGOS JULY 27TH (NEWSRANGERS)-A Lagos based Urhobo lawyer, Barr. (Chief) Malcolm Omirhobo has dragged the Delta State Government to court claiming N5m for damages over the restriction of his movement on environmental sanitation day along Patani-Port Harcourt Expressway, Ughelli, Delta State.
In a writ of summon made available to NEWSRANGERS.COM, Omirhobo equally asked the court to abolish the monthly environmental sanitation exercise which comes up at the last Saturday of the month saying it is against the freedom of movement of the people of Delta State as enshrined in section 41 of the 1999 Constitution of the Federal Republic of Nigeria (As Amended) and therefore illegal, unlawful and unconstitutional.
In a writ of summon assigned to Ughelli High Court of Delta State before Justice F.O. Ohwu, Omirhobo declared that the first respondent Delta State Government, the second respondent, the Attorney General of Delta State, the third respondent, the Delta State Commissioner of Police and the fourth respondent, Ughelli North Local Government restriction of his movement by the servants, agents and/or privies of the 1st, 3rd and 4th Respondents on July 24th, 2017, the last Saturday of the month along the Patani/Port Harcourt Express Way, Ughelli, Delta State, between the hours of 8am and 10am on the bases of the environmental sanitation directive of the 1st Respondent is a violation of his freedom of movement within Nigeria and/or Delta State as enshrined in section 41 of the 1999 Constitution of the Federal Republic of Nigeria (As Amended) and therefore illegal, unlawful and unconstitutional.

The legal luminary through his lawyer, Barrister K. C. Egbor Esq of M.E. Osume & Associates declared that that the 1st, 3rd and 4th respondents, their servants, agents and/or privies whosoever and howsoever restriction of movement of Deltans on the last Saturday of every month between the hours of 7am and 10am so as to observe the environmental sanitation directive of the 1st Respondent is a violation of the rights of Deltans to move freely within Nigeria and/or Delta State as enshrined in section 41 of the 1999 Constitution of the Federal Republic of Nigeria (As Amended) and therefore illegal, unlawful and unconstitutional.
In the summon with suit number UHC/109/2017 dated July 18th, 2017, Omirhobo further declared that, “ his arrest and detention of by the servants, agents and/or privies of the 1st, 3rd and 4th Respondents on 24/2/2017 along the Patani/ Port Harcourt Express Way, Ughelli, Delta State, between the hours of 8am and 10am on the bases of the environmental sanitation directive of the 1st Respondent is a violation of his right to his personal liberty as enshrined in section 35 of the 1999 Constitution of the Federal Republic of Nigeria (As Amended) and therefore illegal, unlawful and unconstitutional.
“that the 1st, 3rd and 4th Respondents, their servants, agents and/or privies whosoever and howsoever arrest and detention of Deltans on the bases of the environmental sanitation directive of the 1st Respondent on the last Saturday of every month between the hours of 7am and 10am is a violation of Deltans’ right to personal liberty as enshrined in section 35 of the 1999 Constitution of the Federal Republic of Nigeria (As Amended) and therefore illegal, unlawful and unconstitutional.

“that his debasement and dehumanization by the servants, agents and/or privies of the 1st, 3rd and 4th Respondents on the bases of the environmental sanitation directive of the 1st Respondent on 24/2/2017 along the Patani/Port Harcourt Express Way, Ughelli, Delta State, between the hours of 8am and 10am is a violation his right to the dignity of his person as enshrined in sections 34 of the 1999 Constitution of the Federal Republic of Nigeria (As Amended) and therefore illegal, unlawful and unconstitutional.
“that the 1st, 3rd and 4th Respondents their servants, agents and/or privies whosoever and howsoever debasement and dehumanization of Deltans on the bases of the environmental sanitation directive of the 1st Respondent on the last Saturday of every month between the hours of 7am and 10am is a violation of Deltans’ right to dignity of their person as enshrined in sections 34 of the 1999 Constitution of the Federal Republic of Nigeria (As Amended) and therefore illegal, unlawful and unconstitutional.”
Consequently, Omirhobo prays for the court to proscribe and/or disband the environmental sanitation day held by the Respondents, their servants, agents and/or privies in Delta State on the last Saturday of every month between the hours of 7 am to 10am since 1983 till date.
He seeks perpetual injunction restraining the 1st, 3rd and 4th Respondents, their servants, agents and/or privies whosoever and howsoever from violating the rights of Deltans to move freely, enjoy their liberty and dignity to their person in the observance and enforcement of the environmental sanitation directive of the 1st Respondent, as enshrined in Sections 41, 35 and 34 of the 1999 Constitution of the Federal Republic of Nigeria as amended.
He equally ask for a public apology to him and Deltans caused to be published by the Respondents in five National widely circulated newspapers running for two weeks consecutively for violating their rights to freedom of movement, liberty and dignity to their person on every last Saturday of the month between the hours of 7am to 10am since 1983 till date.
Omirhobo demanded that the sum of N5, 000,000.00 should be awarded to him as damages against the Respondents for restraining his movement, infracting his personal liberty and violating his right to dignity of his person which sum is to be wholly used to fund recognized motherless baby homes in Ughelli, Delta State.
He further demanded that the sum of N250, 000.00 should be paid to him as cost of litigation, adding “AND for such further order or orders as this Honourable Court may deem fit to make in the circumstances of this case.”
The writ of summon had been served on First respondent: Delta State Government, second respondent: Attorney General of Delta State, third respondent: The Commissioner of Police, Delta State and Ffourth respondent: Ughelli North local government.
Hearing for the case has been fixed for July 31st, 2017

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