The Federal High Court in Abuja on Wednesday rejected the request by Senator Dino Melaye to restrain the House of Representatives from continuing deliberation on the Infectious Diseases Bill.
Justice Ijeoma Ojukwu, in her ruling, refused to grant the order because the Speaker of the House of Representatives, Femi Gbajabiamila, who is the third defendant in the suit, had yet to be served with the court documents.
Dino, who instituted the suit on May 5, 2020, asked the court to declare that some sections of the Control of Infectious Diseases Bill 2020, currently being debated on the floor of the House of Representatives are “draconian, oppressive and authoritarian.”
The former legislator also wants the court to rule that the bill is in breach of his fundamental rights as provided for in the constitution of the Federal Republic of Nigeria 1999 (as amended).
Listed as respondents to the bill are the Clerk of the National Assembly; the Clerk of the House of Representatives; the Speaker of the House of Representatives; the Attorney-General of the Federation, Abubakar Malami, and the Inspector-General of Police, Mohammed Adamu.
At the resumed hearing of the suit on Wednesday, lawyer to the House of Representatives, Kayode Ajulo, informed the court that he is yet to be served with the processes, insisting that the service is key and fundamental to fair hearing.
Also, clerks of both the National Assembly and the House of Representatives and the AGF were absent from court and not represented by their lawyers.
Justice Ojukwu ordered that Gbajabiamila be served through Mr Ajulo.
The case was adjourned till June 1 for further hearing.
