A Federal High Court in Abuja has dismissed the suit filed by a former lawmaker representing Kogi West district, Senator Dino Melaye, seeking to stop deliberations on the Control of Infectious Diseases Bill currently before the House of Representatives.
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Delivering judgment on the suit on Tuesday, Justice Ijeoma Ojukwu dismissed the suit on the ground that the court cannot interfere in the legislative proceedings of an arm of government.
According to the court, the Infectious Disease bill remains a bill which does not confer any right and obligation on Senator Melaye or any other Nigerian as it is yet to become an act of the National Assembly.
In a suit filed on May 4, Senator Melaye had asked the court to declare that the provisions of sections 5(3), 6, 8, 13(1&2), 15, 16(6), 17(7), 19, 23, 24, 29 (b), 30, 44, 45 and 47 of the bill were draconian, oppressive and authoritarian.
He also sought an order of the court declaring that they were in breach, and or were likely to breach his fundamental rights, as provided for in the Constitution of the Federal Republic of Nigeria 1999 (as amended).
Senator Melaye prayed for an order of the court declaring the sections as invalid, illegal, unlawful, unconstitutional, null, and void and of no effect whatsoever.
He also requested an order of the court directing the first to fourth respondents to delete the provisions of sections 5(3), 6, 8, 13(1&2), 15, 16(6), 17(7), 19, 23, 24, 29 (b), 30, 44, 45 and 47 of the Control of Infectious Diseases Bill 2020, saying they inconsistent with sections 34,35,37,38,40,41(1) and 44 of the Constitution of the Federal Republic of Nigeria 1999 (as amended).
Senator Meale also sought an order of injunction restraining the respondents, whether, by themselves, their committees, their agents, employees, servants, privies and or howsoever called, from further proceeding with, or continuing with further debates, or the law-making processes with respect to sections 5(3), 6, 8, 13(1&2), 15, 16(6), 17(7), 19, 23, 24, 29 (b), 30, 44, 45 and 47 of the Control of Infectious Diseases Bill, 2020.
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