By Cajetan Mmuta
A legal practitioner and Human Rights/Public Interest activist based in Awka Anambra state, Barr. Francis Moneke has dragged the State Government, Attorney General of Anambra State (who is also the state’s Commissioner for Justice), and the Commissioner of Police in the state, to court for blockage of Zik’s Avenue Road in Awka, the state capital-Amawbia—Nibo Road.
He said the roadblocks are mounted between Ifenna Filling Station and Amawbia roundabout axis of the ever-busy Zik’s Avenue Road; and at Amawbia—Nibo Road, by the gate of Governor’s Lodge, Amawbia.
Barr. Moneke alleged that the roadblocks, which have tarried for months, caused him untold hardships and pains on different occasions, on August 14 and 20 respectively.
He further stated that the blockade amounts to gross violation of his rights to freedom of movement, as guaranteed under section 41(1) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and Article 12(1) of the African Charter on Human & Peoples’ Rights (Ratification & Enforcement) Act, Cap. A9, Laws of the Federation of Nigeria, 2004.
According to him, section 41(1) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) provides that “every citizen of Nigeria is entitled to move freely throughout Nigeria and to reside in any part thereof, and no citizen of Nigeria shall be expelled from Nigeria or refused entry thereby or exit therefrom”.
“Article 12(1) of the African Charter on Human & Peoples’ Rights (Ratification & Enforcement) Act, Cap. A9, Laws of the Federation of Nigeria, 2004 provides that “every individual shall have the right to freedom of movement and residence within the borders of a State provided he abides by the law.”
In a suit, filed in the State High Court in Awka, with the suit number A/MISC194/2021, the lawyer challenges the blockage, which, he explained, was mounted by or in line with an order from the first respondent, (Anambra State Governor), and the second respondent, (the State’s Commissioner of Police).
He prayed the court “to order the respondents to forthwith remove or direct to be removed, every roadblock on Zik’s Avenue, Awka, between Airtel office and Amawbia roundabout, and on Amawbia—Nibo Road, by the gate of the Governor’s Lodge, and indeed on every road in Anambra State, and to open up all road closures, to allow free and unrestricted movement of l law-abiding and good people of Anambra State and Nigerians in general”.
He also prayed for an order restraining the respondents from partially or totally closing any road in Anambra State that is meant for the free movement of law-abiding and good people of Anambra State and Nigerians in general.
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Barr. Moneke further prayed the court to order the respondents, jointly or severally, to pay him the sum of ten million nairas (N10, 0000,000) as damages for unlawful restriction of his movement and wanton violation of fundamental rights to freedom of movement, as are guaranteed in the constitution.
