A Federal High Court in Abuja, has rejected a suit by Senator Dino Melaye, challenging some provisions of the controversial Control of Infectious Diseases Bill 2020, also referred to as the National Centre for Disease Control, NCDC, Bill, Page 36 learnt.
In a judgment on Tuesday, Justice Ijeoma Ojukwu held that her court lacks the jurisdiction to hear and determine issues raised in the suit by Melaye, who was a Lawmaker in the 8th Senate.
Justice Ojukwu upheld the preliminary objection filed against the suit by the Respondent.
The Judge was of the view that the issues raised in suit are not justifiable, as a Bill could not be a subject of litigation, until it becomes law.
Listed as Respondents to the suit were 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, AGF, and the Inspector-General of Police, IGP.
Justice Ojukwu struck out the name of the IGP as a party to the case, on the grounds that the Plaintiff failed to disclose any cause of action against him.
Melaye had on May 5, 2020, filed the suit marked FHC/ABJ/CS/463/2020, urging the court to delete sections 5, 8, 15, 16 and 17 of the Bill, which he said constituted a violation, or would likely violate his rights under the Nigerian Constitution, 1999, as amended, the African Charter on Human and Peoples’ Rights, as well the United Nations Declaration of Human Rights.
The Plaintiff had faulted provisions of the Bill seeking to empower the Director-General of the NCDC, to compel anyone to take medical examination or treatment, and also collect the blood sample of such person, in the case of a public health emergency.
He queried the provision to empower the NCDC to take over any premises, and turn them into Isolation Centres, without compensation for the owner.