Public interest lawyer and counsel to the applicants in Curtis Ogbebor & Ors v. Attorney-General of Edo State, Suit No. B/473/2025, President Aigbokhan, Esq., has commended the Edo State Government for complying with the judgment of the Edo State High Court which declared restrictions on human and vehicular movement during environmental sanitation exercises unconstitutional.
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Aigbokhan said the government’s latest decision to conduct the monthly environmental sanitation exercise without restricting movement showed that environmental protection and citizens’ constitutional freedoms could be pursued simultaneously.
His reaction followed a Special Announcement issued by the Edo State Ministry of Environment and Sustainability on August 27, 2026, stating that the monthly sanitation exercise scheduled for Saturday, August 29, would hold between 7 a.m. and 10 a.m. without restriction of movement.
The Edo State High Court, in a judgment delivered on March 26, 2026 by Justice Isoken Urhomwen Erameh, held that enforcing a stay-at-home order and restricting human and vehicular movement during environmental sanitation violated the right to freedom of movement guaranteed under Section 41(1) of the 1999 Constitution.
According to the statement, the court also found the restrictions inconsistent with Articles 12 and 13 of the African Charter on Human and Peoples’ Rights and granted injunctive relief restraining the state government and its agents from imposing such restrictions on account of environmental sanitation.
Although the state government is pursuing an appeal against the judgment, Aigbokhan said its decision to comply in the meantime demonstrated respect for constitutional government and the authority of the courts.
“We are particularly pleased that the Edo State Government has chosen to comply with the judgment while the appellate process is ongoing. This is how constitutional democracy should work,” he said.
“A government may disagree with a judgment and exercise its constitutional right of appeal, but while that process is pending, the authority of the judgment must be respected.”
Aigbokhan stressed that the litigation was never intended to stop environmental sanitation in Edo State but to challenge the use of compulsory movement restrictions, roadblocks and coercive measures as the means of implementing the exercise.
“Our objective in instituting this case was never to stop environmental sanitation in Edo State. On the contrary, we recognise the importance of a clean, safe and healthy environment,” he said.
“What we challenged was the use of movement restrictions, roadblocks and coercive measures as the primary mechanism for achieving that objective.”
He described the government’s latest announcement as evidence that sanitation could continue without shutting down citizens’ movement.
“The Government’s announcement is therefore significant. It shows that the State can pursue environmental objectives while respecting freedom of movement. That is precisely the balance the judgment sought to establish,” he said.
According to Aigbokhan, the case is becoming an important reference point in the relationship between public policy and constitutional rights.
He argued that a court finding a particular method of implementing public policy unlawful does not prevent government from pursuing the underlying legitimate objective. Rather, the responsibility is to redesign the policy in a way that respects constitutional limits.
“Environmental protection is a legitimate public objective. But the means adopted to achieve that objective must themselves be lawful, reasonable and constitutionally sustainable,” he said.
Aigbokhan described the development as a victory for constitutional governance rather than a defeat for the Edo State Government.
He said strategic public interest litigation should not automatically be interpreted as hostility towards government, as such cases could assist public authorities in identifying legal weaknesses in policies and developing better alternatives.
“Sometimes litigation is presented as an attack on government. That is not always the case,” he said.
“Strategic litigation can help government identify the legal limits of a policy and develop a better, more sustainable and constitutionally compliant alternative. In this instance, sanitation has not stopped. What has changed is the method of enforcement.”
Aigbokhan also commended applicant Curtis Ogbebor and the Freedom Ambassadors Organisation for challenging a practice which, according to him, had become normalised over time.
He said the case demonstrated the importance of cooperation among lawyers, journalists, civil society organisations and citizens in advancing legal empowerment and structured public interest litigation.
Recalling how he became involved, Aigbokhan said the matter was initially brought to his attention by a journalist before the eventual client approached him.
He said he was initially reluctant to accept the brief but changed his position after examining the constitutional implications and wider public interest.
“The outcome has demonstrated that an ecosystem of lawyers, journalists, civil society organisations and citizens is inevitable for legal empowerment and structured public interest litigation,” he said.
Aigbokhan urged the Edo State Government to go beyond monthly sanitation exercises and develop a modern environmental management system capable of maintaining cleanliness continuously without shutting down movement for several hours every month.
“The bigger question is whether Edo State can develop an environmental management system so effective that cleanliness no longer depends on shutting down the State for three hours once a month,” he said.
He called for greater investment in waste management infrastructure, environmental health personnel, regular waste collection, drainage maintenance and public sanitation facilities.
The lawyer also urged Edo residents to reciprocate the government’s compliance with the judgment by taking responsibility for maintaining clean surroundings and cooperating with lawful sanitation measures.
“Rights come with responsibilities. The fact that citizens can now move freely during sanitation hours does not mean that citizens should neglect their responsibility to keep their environment clean,” he said.
Aigbokhan maintained that the pending appeal did not diminish the importance of the government’s present compliance, adding that the right to challenge the High Court judgment through the appellate process remained part of the constitutional system.
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