A Federal High Court sitting in Lagos, yesterday, adjourned a hearing for the suit challenging the legality a recent judgement on Funke Akindele, her husband and 236 others for violating Federal Government’s Covid-19 regulations.
The suit which was filed by Lagos-based lawyer, Mr. Olukoya Ogungbeje, argues that the earlier verdict was inconsistent with the 1999 constitution.
The case challenging the convictions, which was earlier slated for hearing on Friday before Justice Maureen Onyetenu of the FHC, could not proceed following applications countering the suit.
When the case was called, a senior counsel from the office of Attorney General of Lagos State, Mr. Jonathan Ogunsanya, informed the court of a notice of preliminary objection challenging the suit.
It can be recalled that Akindele, a popular actress; Bello, and others were arrested, tried and convicted for violating the Lagos State Infectious Diseases (Emergency Prevention) Regulations 2020.
She was arrested for hosting her husband’s birthday party in her Lagos residence despite the lockdown on social gatherings exceeding 20 people.
According to Akindele’s lawyer, the arrest, arraignment, trial, conviction and sentencing of Akindele and others is lacking in merit.
He said that the offence for which they were convicted was unknown to the law and could not be a ground for any criminal liability.
“I have a duty to protect and defend the sanctity of the constitution of the Federal Republic of Nigeria from any contravention or infraction,” he said.
Citing an Appeal Court’s decisions in 2016 involving Faith Okafor vs Lagos State and another, Ogungbeje avers a that a violation of such regulation could not result in criminal liability.
Justice Onyetenu further adjourned the case until July 21 for substantive hearing.
