Court Dismisses Suit Against Army, Police Checkpoints

Federal High Court in Lagos has dismissed a suit filed by the former chairman of the Nigerian Bar Association Section on Public Interest and Development Law (NBA-SPIDEL) Monday Ubani, seeking to stop the army, police and other security agencies from proliferating the Lagos-Southeast roads with roadblocks.

Justice Chukwujekwu Aneke, who dismissed the suit, held that the constitutional powers given to the president and the security agencies to map out security measures to secure the country cannot on its own be termed a violation of the rights to free movement of the applicant.

Ubani had dragged the attorney-general of the federation, inspector-general of police (IGP), comptroller- general of customs, chief of defence staff and corp marshal of the Federal Road Safety Corps (FRSC) before the court, seeking a declaration that the proliferation of intra-state and highways with roadblocks by their officers particularly en route Lagos to South-eastern part of Nigeria which result in obstruction of free movement on the road and loss of travel time was a violation of his right to free and undisrupted movement as guaranteed by section 41 of the 1999 Constitution and other enabling laws.

Also joined in the suit as co-respondents were the Nigeria Police Force (NPF), Nigeria Customs Service Board, Nigerian Army and FRSC.

The lawyer asked the court for a declaration that the proliferation of intra-state and highway roadblocks, particularly route Lagos to the eastern part of Nigeria, obstructs the free flow of traffic, constitutes a nuisance, causes untold hardship and causes unwarranted suffering to him and other road users and therefore unlawful and without legal justification.

He also prayed the court for an order directing the respondents to dismantle all roadblocks on all intra-state roads and highways throughout the country, particularly along the South-East roads.

Ubani also sought an order of perpetual injunction restraining the respondents, their privies, agents and representatives from mounting intra-state and highway roadblocks on Lagos en route South Eastern roads.