[JUST IN] COVID-19: Legal Services Are Essential Services, Court Rules

The Federal High Court sitting in Abeokuta, Ogun State, presided over by Hon. Justice Ibrahim Watila in suit No. FHC/AB/FHR/57/20 has ruled that provision of legal services are essential services in the context of the COVID-19 pandemic.

This is contained in a decision dated 4th day of December, 2020 in a matter commenced via Originating Summons by Mr. Olumide Babalola.

The Court was entreated by the Plaintiff with two questions for determination as follows:

1. Whether or not by the interpretation and construction of paragraph 1(7) of the COVID-19 Regulation 2020, legal services are essential services?

2. Whether or not by the interpretation and construction of Section 41(1) of the Constitution of the Federal Republic of Nigeria 1999(as amended), the respondents restriction of the applicant’s movement violated his right to movement?

However, in resolving the first issue that legal services are also essential services, the Court held that “I have no choice but to firmly hold that Article 1(7) of the COVID-19 Regulation is plain and unambiguous as to what are and what not essential services is. Legal service with the context of the Regulation is essential service”

On the other hand however, the Court ruled that the Applicant has not established that his fundamental right was violated in the circumstances, or that “on the 20th June, 2020, he was going to render any legal service to a known client, as the applicant was on a frolic of his own when he claimed he was deprived entry into Ogun State”, and the Court added that “this application is in the realm of academic exercise. This instant application as it relates to enforcement of fundamental rights is hereby dismissed”.