Court Strikes Out Suit Against Funke Akindele

The COVID-19 convictions of Funke Akindele and others are upheld by the court.

A suit seeking to have the convictions of popular actress Funke Akindele, alias Jenifa, her husband Abdulrasheed Bello, and 236 others, who were all prosecuted for violating the state’s 2020 lockdown and social distancing order to stop the spread of COVID-19, dismissed by the Federal High Court in Lagos.

The claim, according to Justice Akintayo Aluko, lacked a valid cause of action and was therefore incompetent.

The Lagos State Magistrates’ Court in Ogba convicted Funke Akindele and her husband on April 6, 2020, days after they held a crowded house birthday party in violation of Lagos State’s social distancing order.

However, Olukoya Ogungbeje, a Lagos-based lawyer, went to court to challenge the validity of the Lagos State Infectious Diseases (Emergency Prevention) Regulations 2020, under which the residents were found guilty and condemned.

The Lagos State Government, the Attorney-General of Lagos State, the Commissioner of Police of Lagos State, and the Inspector-General of Police are the joint respondents in the suit dated FHC/L/CS/588/2020.

Mr. Ogungbeje also requested, among other things, a court order requiring the Respondents to jointly and severally apologize for their arrest in three widely circulated newspapers. arraignment, trial, conviction, and sentencing of those who have been harmed.

However, the Lagos State Government and the Attorney General, through their lawyer, Adebayo Haroun, a Deputy Director of the Lagos State Ministry of Justice, opposed him.

On July 10, 2020, the 1st and 2nd Respondents submitted a notice of preliminary objection to the litigation.

They claim that Section 8 of the Quarantine Act of 2004 empowers the governor to impose regulations in cases when the President of Nigeria has not done so.

They argued that the Regulation was enacted for the public’s safety, good, and protection, which are far broader and more important than the safety, good, and protection of an individual like the Applicant.

The court agreed with the government in part in his verdict, which was given on June 2, 2022.

The regulations stated in their preamble that the governor made the regulations according to the powers conferred on him by the Lagos State Public Health Law of Lagos State, 2015, and in particular section 8 of the Quarantine Act and that Section 8 provides that if regulations under section 4 of the Act were not made by the President, the governor in respect of his state may exercise the power to make such regulations.

“This means that the regulations made by the governor on the 27/3/2020 are valid within the context of section 8 of the Quarantine Act having been made at a time when the president had not made his regulations. The Lagos State Infectious Disease (Emergency Prevention) Regulations, 2020 is therefore subsidiary legislation validly made pursuant to section 8 of the Quarantine Act.
“Contrary to the argument of the Applicant, section 17 of the Regulations actually created certain offenses ranging from failure to comply with a restriction order, prohibition, or doing anything contrary to the provisions of the Regulations. Section 17 (2) of the Regulations provides that any person who contravenes the provisions of the Regulations shall be liable under the Quarantine Act, Public Health Law of the State, and any other existing law to fine or imprisonment or both in accordance with the extant laws.
“It is of note that section 5 of the Quarantine Act provides for penalties or punishment against any person who contravenes provisions of the regulations made under the Act.”

While commending Mr.Ogungbeje for “seeking to protect citizens’ rights from violations”, the judge noted that the suit had “no support of the law.”

“In total, I hold that this suit has disclosed no reasonable cause of action against the Respondents.

“The instant suit is incompetent and the court lacks jurisdiction to adjudicate over same.
“Accordingly, this suit is hereby struck out ….”