Infectious Disease Bill: Court dismisses Melaye’s suit

Dino Melaye

Justice Ijeoma Ojukwu of the Federal High Court sitting in Abuja on Tuesday dismissed a suit brought before it by a former Senator representing Kogi West Senatorial District, Senator Dino Melaye, challenging some provisions of the Control of Infectious Diseases Bill 2020.

The Judge, in a judgment she delivered in Dino Melaye’s suit, agreed with the preliminary objection filed by the respondents to the effect that the court lacks the jurisdiction to hear the matter.

Justice Ojukwu, who did not look at the merit of the matter, for want of jurisdiction also held that the issue raised in it was not justiciable, as the bill could not be a subject of litigation until it is signed into law.

It would be recalled that the former lawmaker had on May 5, 2020, filed the suit numbered, FHC/ABJ/CS/463/2020, where-in he urged the court to delete Sections 5, 8, 15, 16 and 17 of the Infectious Diseases Bill which he said constituted a violation or would likely violate his rights under the Nigerian Constitution, the African Charter on Human and Peoples’ Rights as well the United Nations Declaration of Human Rights.

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The provisions of the bill being challenged by Melaye included the ones seeking to empower the Director-General of the National Center for Disease Control (NCDC) to compel anyone to take medical examination or treatment and also collect the blood sample of such person in the case of a public health emergency.

Some of the provisions also seek to empower the NCDC to take over any premises and turn them into isolation centres without compensation for the owner.

The bill also seeks to arrest and detain a suspected infected person with his or her consent.

The plaintiff alleged that the controversial bill would specifically violate his fundamental rights to dignity of his person, personal liberty, private and family life, right to freedom of movement and right to own immovable property in Nigeria.

Joined as respondents in the suit are the Clerk of the National Assembly, the Clerk of the House of Representatives, the Speaker of the House of Representatives, the Attorney-General of the Federation (AGF) and Minister of Justice, Abubakar Malami (SAN), and the Inspector-General of Police (IGP), Mohammed Adamu.

Justice Ojukwu, however, struck out the name of IGP for the failure of the plaintiff to disclose any course of action against him.

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