A Federal High Court on Monday, fixed June 15 for hearing the suit filed by Senator Dino Melaye against the passage of the Infectious Diseases Bill 2020.
Justice Ijeoma Ojukwu fixed the said date for definite hearing after Melaye’s counsel, Nkemakolam Okoro, requested for a short adjournment.
Hearing was again stalled on Monday following a request by Melaye’s lawyer to respond to a notice of preliminary objection just served on his client.
“The 5th respondent’s counsel at about 20 minutes ago served a notice of preliminary objection and a counter affidavit on us.
“On Friday, the 4th respondent equally served on us a notice of preliminary objection and a counter affidavit and the 3rd respondent on Thursday, via WhatsApp, also sent us his notice of preliminary objection,” Okoro told the court when the matter was called.
“In view of this development, I will be applying for a short adjournment to enable us respond to all these processes served on us,” he added.
The plaintiff’s lawyer in addition prayed the court to order all the respondents not to take any decision on the matter pending the hearing and determination of the suit.
Responding, Kayode Ajulo, lawyer to the Speaker, House of Representatives, Femi Gbajabiamila, urged the court to discountenance the request, adding that Okoro should have made a proper application if he was not “playing to the gallery”.
In a short ruling, Justice Ojukwu adjourned the matter until June 15 and advised parties not to take any action that will jeopardise the suit since it was already in court.
The former Kogi West Senator had on May 4, approached the court to challenge the bill which is before the House of Representatives on the grounds that the bill if passed into law would breach his fundamental human rights as enshrined in the Nigerian Constitution.
Melaye had dragged Gbajabiamila and four others to court over the controversial “Control of Infectious Disease Bill 2020”, holding it was an aberration.
The others are the Clerk of the Senate, Clerk of the House of Representatives, Attorney General of the Federation (AGF), Abubakar Malami, and the Inspector General of Police (IG), Mohammed Adamu.
The bill was sponsored by Gbajabiamila and has passed second reading on the floor of the lower chambers.
The bill seeks to, among others, confer powers on the federal government to convert any property in the country, including private properties, to isolation centres.
It also seeks to empower the government to, upon mere suspicion that a person is infected with an infectious disease, arrest and detain the person for as long as necessary among other things.
Melaye is asking the court to intervene by striking out certain section of the proposed bill which he claimed if passed would breach his fundamental human rights as enshrined in the 1999 Constitution.
According to the applicant, sections 3(8),5(3),6,8,13,15,16,17,19,23,30 and 47 of the Control of Infectious Diseases Bill 2020, are in breach of and or are likely to breach his fundamental rights as provided for in the Nigerian Constitution as well as other international laws.
He therefore prayed the court for an order, “Directing the 1st -3rd Respondents to delete the provisions of sections
3(8),5(3),6,8,13,15,16,17,19,23,30 and 47 of the Control of Infectious Diseases Bill 2020, as same are inconsistent with sections 33, 34,35,37,38 and 40 of the Constitution of the Federal Republic of Nigeria 1999” as well as other international laws.
“An order of injunction restraining the respondents, whether, by themselves, their agents, employees, servants, privies and or howsoever called, from further proceeding with, or continuing with further debates with respect to sections
3(8),5(3),6,8,13,15,16,17,19,23,30 and 47 of the Control of Infectious Diseases Bill 2020, which provisions breach and or are likely to breach the fundamental rights of the Applicant as provided for sections 33, 34,35,37,38 and 40 of the Constitution of the Federal Republic of Nigeria”, and other international laws.
