Roadblocks In S-East: Court Throws Out Ubani’s Legal Action Against AGF, IGP, Army, Others

•As Lawyer Vows To Appeal 

Justice Chukwujekwu Aneke of a Federal High Court Ikoyi, Lagos, has thrown out a legal action instituted by a former Chairman of the Nigerian Bar Association Section on Public Interest and Development Law (NBA-SPIDEL), Dr Monday Ubani seeking to stop the Army, Police and other security agencies from proliferating the Lagos-Southeast routes with roadblocks.

It would be recalled that the former NBA-SPIDEL chairman had initiated the suit against the Attorney-General of the Federation (AGF), the Inspector-General of Police (IGP), the Comptroller General of Customs (CGC), Chief of Defence Staff (CDS), Corp Marshal of the Federal Road Safety Corp before the court asking for a declaration that the proliferation of intra-state and highways with road blocks mounted by their officers, particularly en route Lagos to South-eastern part of Nigeria which result in obstruction of free movement in the highway and loss of travel time is a violation of his right to free and undisrupted movement as guaranteed by Section 41 of the 1999 Constitution and other enabling laws.

Equally joined in the legal offensive as co-respondents are the Police Force, the Nigeria Customs Service Board, the Nigerian Army and the Federal Road Safety Commission.

Moreover, Ubani had urged Justice Aneke to declare that the proliferation of intra-state and highway roadblocks, particularly en route from Lagos to the South-Eastern part of Nigeria, obstructs the free flow of traffic, constitutes a nuisance, causes untold hardship and unwarranted suffering to him and other road users and therefore unlawful and without legal justification.

The NBA-SPIDEL chairman had also prayed to the judge to issue an order directing the respondents forthwith to dismantle all roadblocks on all intra-state roads and highways throughout the country and 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.

Addressing the court, Ubani had hinted to the court an incident in 2021 when he travelled from Lagos to his home town in Abia State with his family by road and spent about 15 hours along the road due to over 120 roadblocks mounted by officers of the respondents who also subjected other roads users to untold hardship, extortion, intimidation, and harassments.

But in their separate responses to the suit, the Police, Army, Customs and Road Safety Corp had admitted mounting roadblocks along the Lagos to South-Eastern route, but insisted that they were empowered by enabling laws to do so as part of their responsibilities to secure the country and check crime.

The security agencies had further insisted that the right of freedom of movement as enshrined in the 1999 constitution is not absolute, and maintained that the proliferation of roadblocks along the Southeastern roads did not in any way infringe on the right of the applicant.

In handing down his judgment, Justice Aneke declared that from the evidence before him, it was obvious that indeed there was a proliferation of roadblocks along the Lagos-South Eastern road which made the applicant and other users spend hours on the road.

Justice Aneke equally maintained that the right to free movement of the applicant was indeed derogated due to the powers of the constitution given to the President and the security agencies to map out security measures to secure the country.

But the judge did not look into the issue raised by Ubani on why the security measures said to be securing the country are only meant for roads leading to the Eastern region and minimal on other routes in the country.

Part of the judgment reads: ”All the 2nd to 9th respondents when they are on the Nigerian roads, whether intrastate roads, interstate roads or highways, are there to prevent crime. 

“They provide internal security, which is the main function of the 3rd respondent. They therefore perform police duties. 

“The 4th and 5th respondents were statutorily given the powers of the Police when carrying out their functions. These police powers, especially to stop, search, arrest and prosecute any person committing an offence, are also given to the respondent.

“There is no way the 9th respondent can perform its duties without stopping and sometimes searching vehicles. 

“I, therefore, hold that the roadblocks mounted by the 2nd to 9th respondents which restrict the right to freedom of movement of the applicant and other road users does not by that reason alone violate the applicant’s fundamental rights.

“This does not mean that any illegal act committed by the 2nd to 9th respondents while on the intrastate roads and highways, whether they mounted roadblocks or not, cannot be investigated and prosecuted in the law courts according to the laws of Nigeria.

“It is for the reasons given above that I hereby dismiss the application for the enforcement of fundamental rights brought by the applicant.”

In his reaction, Ubani revealed that he would appeal the judgment or go back to the court with modification of his reliefs, as he believes that the reason for the unnecessary proliferation of the roadblocks on the Eastern route is not for security measures.

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