*Urge Court To Declare The Ban Unconstitutional
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Two Lagos based Lawyers, John Chinedum Osegi Esq and Joseph Siyaidon Esq have filed a suit against the Governors of Lagos and Ogun states over their refusal to allow the re-opening of worship centres, despite the directives of the Presidential Task Force on COVID-19 and the guidelines issued by the NCDC, for the re-opening of places of worship nationwide.
According to the plaintiffs the refusal by the Governors is a violation of their rights to freedom of worship and peaceful assembly and as such, unconstitutional.
In the suit filed at a Federal High Court, Lagos, with Suit No: FHC/L/CS/869/20, the plaintiffs are asking the Court to order the Lagos and Ogun Governors to lift the ban by re-opening churches in the states.
The plaintiffs sought the following reliefs:
A DECLARATION that the refusal of the 1st and 2nd Respondents to allow the reopening churches within Lagos and Ogun States despite the directives given by the Presidential Task Force on COVID – 19 and the issuance of the guidelines by the Nigeria Centre for Disease Control for the reopening of all churches in Nigeria is illegal, oppressive and unconstitutional and amounts to a violation of the Applicants’ fundamental rights to freedom of thought, conscience and religion; and the rights to peaceful assembly guaranteed under Sections 38 (1) and 40 of the Constitution of the Federal Republic of Nigeria 1999 ( as amended); and Articles 8 and 10 of the African Charter on Human and Peoples Rights Ratification and Enforcement Act CAP T9 LFN 2004 .
AN ORDER directing the 1st and 2nd Respondents to immediately lift the ban on the opening churches within Lagos and Ogun States respectively in line with the directives of the Presidential Task Force on COVID -19 and the guidelines of the Nigeria Centre for Disease Control (NCDC)
AN ORDER directing the 1st and 2nd Respondents to tender an unreserved apology to the 1st and 2nd Applicants and the 3rd and 4th Respondents for the refusal to allow the reopening of the churches in Lagos and Ogun States.
The grounds upon which the reliefs were sought are that:
The refusal of the 1st & 2nd Respondents to allow reopening the churches in Lagos and Ogun States respectively constitute an infringement of the 1st & 2nd Applicants’ fundamental rights to freedom of thought conscience and religion; and peaceful assembly as enshrined in Sections 38 and 40 of the Constitution of Federal Republic of Nigeria 1999 (as amended) and Articles 8, and 10 of the African Charter on Human and Peoples Rights (Ratification and Enforcement) Act.
The reasons given by the 1st and 2nd Respondents that churches in Lagos and Ogun States should remain closed is untenable in the light of the issuance of guidelines by the Nigeria Centre for Disease Control (NCDC) and constitute selective and arbitrary exercise of power by the 1st and 2nd Respondent and is a violation of the provisions of the Constitution of the Federal Republic of Nigeria.
Other Defendants in the suit are Incorporated Trustees of The Christian Association of Nigeria (CAN), and the Incorporated Trustees of the Pentecostal Fellowship Of Nigeria (PEN).
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