COVID-19: Court Strikes Out Suit Challenging Funke Akindele’s Conviction

Justice Akintayo Aluko of the Federal High Court in Lagos has struck out a suit asking him to set aside the conviction of a popular Nollywood actress, Funke Akindele, also known as, Jenifa and husband, Abdulrasheed Bello over violation of COVID-19 lockdown regulations.

Justice Aluko threw out the suit after holding that the suit disclosed no reasonable cause of action and was also incompetent.

The popular actress and her husband, a.k.a. JJC Skillz, were both convicted and sentenced to 14 days Community Service by a Chief Magistrates’ Court sitting in Ogba on April 6, 2022.

The magistrate, Mrs. Yewande Aji-Afunwa, also imposed a fine of N100,000 each on the couple which she ordered that they should pay within three days from their conviction.

A Lagos lawyer, Olukoya Ogungbeje, had filed the suit, challenging the constitutionality of the Lagos State Infectious Diseases (Emergency Prevention) Regulations 2020 pursuant to which Akindele, her husband and 236 other residents were convicted and sentenced.

Ogungbeje had joined the Lagos State government, Attorney-General of Lagos State, Commissioner of Police, Lagos State and the Inspector-General of Police as respondents in the suit marked FHC/L/CS/588/2020.

The lawyer also sought, among others, an order compelling the Respondents jointly and severally to tender a public apology in three widely read newspaper publications to persons/Nigerian arrested, arraigned, tried, convicted and sentenced.

But the Lagos State government and the Attorney General opposed him through their counsel, a Deputy Director, Lagos State Ministry of Justice, Adebayo Haroun.

The first and second Respondents filed a notice of preliminary objection against the suit on July 10, 2020.

According to them, Section 8 of the Quarantine Act, 2004 allows the governor to make the regulations where the President of Nigeria had not made such regulations.