A Federal High Court in Abuja has struck out a suit instituted by a former Lawmaker, Dino Melaye, challenging the propriety of the Control of Infectious Disease Bill 2020.
Mr Melaye had challenged the bill initiated by the Speaker of the House of Representatives, Femi Gbajabiamila on the grounds that the proposed bill was inconsistent with provisions of the 1999 Constitution.
The former lawmaker representing Kogi West district, had on the 5th of May 2020, filed a suit challenging the infectious disease bill.
Dino Melaye urged the court to delete sections of the bill which he said constituted a violation or would likely violate his rights under the Nigerian Constitution, the African Charter on Human and Peoples’ Rights as well as the United Nations Universal Declaration on Human rights
The former Senator also predicated his actions on the grounds that the bill if passed into law, will breach his fundamental rights to own property.
Delivering ruling in a preliminary objection against the suit , Justice Ijeoma Ojukwu said that Senator Melaye’s case was not justiciable for now, as a Bill could not be a subject of litigation until it becomes law.
She pointed out that what Senator Melaye was objecting to was just a draft bill that has not been subjected to debate and public hearing by the House of Representatives.
The judge said the draft bill for now has no binding force of law that can be held against anybody, adding that such a draft can only be litigated upon when finally passed into law and accented to by the president.
