Senator Dino Melaye, formerly representing Kogi West senatorial district in the National Assembly, has filed a legal suit against the Speaker of the House of Assembly, Rt. Hon. Femi Gbajabiamila, and four others, challenging the constitutionality of the Control of Infectious Diseases Bill 2020.
Senator Melaye in a suit filed on Monday, is requesting the Federal High Court sitting in Abuja 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).
In a notice of application for an order enforcing his fundamental rights, 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, protesting that they are 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 further 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.
Listed as the first to fifth respondents are Clerk of the National Assembly, Clerk of the House of Representatives, and the Speaker of the House of Representatives.
Others include the Attorney General of the Federation and Minister of Justice, as well as the Inspector General of Police.
No date has been fixed for the hearing of the suit.