A Federal High Court in Abuja has dismissed the suit brought by Senator Dino Melaye challenging the infectious disease bill before the House of Representatives. Justice Ijeoma Ojukwu, in the judgement on Tuesday, held that the matter is non-juticeable since the bill is still in the process of law making.
Melaye had brought the suit seeking to stop the Speaker of the House, Femi Gbajabiamila; the Attorney-General of the Federation, Abubakar Malami (SAN); the Inspector-General of Police, Mohammed Adamu, as well as the clerk of the National Assembly over the second reading of the bill. The court earlier dismissed a preliminary objection by Gbajabiamila challenging the jurisdiction of the court to entertain the suit.
In the fundamental rights enforcement suit brought through his counsel, Nkemakolam Okoro Esq, Melaye asked the court to declare that the bill constitutes a gross abuse of, and is likely to infringe upon his fundamental rights if eventually passed into law.
Melaye also asked the court to direct the 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 Nigerian Constitution, 1999, and Articles 4, 6, 7, 10, 11,12 and 14 of the African Charter on Human and Peoples’ Rights Ratification and Enforcement Act Cap A9 Laws of the Federation of Nigeria, 2004.