Court strikes out suit challenging conviction of Funke Akindele, husband and 246 others over COVID-19 violations

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By Blessing Udeobasi

A Federal High Court sitting in Lagos has dismissed a lawsuit seeking to counter the conviction of actress Funke Akindele, her husband Abdul Rasheed Bello and 236 other defendants who were prosecuted for violating Lagos state’s 2020 lockdown and social distancing order to check the spread of Covid-19.

The presiding judge, Justice Akintayo Aluko while giving his verdict said the suit has disclosed no reasonable cause of action against the Respondents.

“The instant suit is incompetent and the court lacks jurisdiction to adjudicate over same. Accordingly, this suit is hereby struck out for those reasons,” he said.

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The case was brought to the court by Lagos-based lawyer, Olukoya Ogungbeje, who challenged the constitutionality of the Lagos State Infectious Diseases (Emergency Prevention) Regulations 2020 pursuant to which Akindele, her husband and 236 others were convicted and sentenced.

Ogungbeje in the lawsuit marked FHC/L/CS/588/2020, which has the Lagos State Government, Attorney-General of Lagos State, Commissioner of Police, Lagos State and the Inspector-General of Police as defendants, had also sought, among others, an order compelling the Respondents jointly and severally to tender a public apology in three widely read newspaper publications to persons/Nigerian arrested, arraigned, tried, convicted and sentenced.

Recall that Akindele and her husband were convicted on April 6, 2020, by the Lagos State Magistrates’ Court in Ogba, days after they held a crowded house birthday party in violation of Lagos State’s social distancing order.

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