The Minister of the FCT, Mohammad Bello recently announced a policy requiring parks in Abuja to close as early as 7 pm and in the same breath banned the sale of alcohol in the parks.
A non-profit organisation, Sterling Centre for Law and Development has sued the Federal Capital Territory Administration to challenge its recent policy banning operations of parks from 7 pm in Abuja.
The Minister of the FCT, Mohammad Bello recently announced a policy requiring parks in Abuja to close as early as 7 pm and in the same breath banned the sale of alcohol in the parks.
In a statement dated July 25, 2022, and signed by its Executive Director, 'Deji Ajare, the organisation described the ban as unconstitutional.
It noted that the decision and its enforcement violate the right to freedom of movement of residents of Nigeria's city as guaranteed by the Constitution of the Federal Republic of Nigeria, the African Charter on Human and People’s Rights (ACHPR) and the International Convention on Civil and Political Rights (ICCPR).
Sterling Centre for Law and Development has therefore filed an action at the Federal High Court in Suit No: FHC/ABJ/CS/1133/2022 to challenge the proprietary of the policy and decision of the Federal Capital Territory Administration.
The case, which was assigned to Court 3 of the Federal High Court with the Hon. Justice A.R. Mohammed presiding, is slated for hearing on August 4, 2022.
The statement read, "The Minister of the Federal Capital Territory recently gave marching orders to the Monitoring, Inspection and Enforcement Unit of the FCTA to enforce a 7pm closing order on parks and recreational gardens within the FCT. This directive was made known to the public by the Senior Special Assistant on Monitoring, Inspection and Enforcement to the Minister of the FCT, Ikharo Attah.
"According to the Minister the decision to enforce the 'park policy' is to bring about conformity to the policy which is concerned with sanity. Sterling Law Centre is concerned that this decision and the enforcement of same violates the right to freedom of movement of residents of the FCT which is guaranteed in the Constitution of the Federal Republic of Nigeria, the African Charter on Human and People’s Rights (ACHPR) as well as the International Convention on Civil and Political Rights (ICCPR).
"The directive also violates the rights of residents to freedom of Peaceful Assembly and Association and the right to economic, social and cultural development which are rights guaranteed by the Constitution of the Federal Republic of Nigeria and the African Charter on Human and People’s Rights.
"Nigeria has domesticated the African Charter on Human and People’s Rights (ACHPR) and is a signatory to the ICCPR, and it is expected to uphold the highest standards in human rights protection and promotion, but it is doing the opposite by denying residents of the Federal Capital Territory their rights to peacefully assemble and associate with others.
"The Constitution and International law only permit certain restrictions on the right to freedom of movement, that is, if they are clearly prescribed by law and strictly necessary and proportional to protect a legitimate objective.
"Unfortunately, the FCT Administration is acting without any lawful authority and has not disclosed any reason for its harsh, rash and retrogressive decision, thus leaving sane members of the public to conclude that this action is nothing more than a mere morality policing-imposing a personal standard of morality on society- a policy approach which the FCT administration under Mallam Muhammad Musa Bello has persistently championed with its attack in previous years on places of relaxation and the indiscriminate arrest of women at night under the pretext that they are sex workers, having failed in these previous attempts, as the courts have consistently ruled that these actions were unlawful and unconstitutional."
Press Statement on the Enforcement of Park Policy by the Fct Administration - Sterling Centre for Law & Dev... by Sahara Reporters on Scribd