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Dino Melaye

Court Rejects Melaye’s Suit Challenging Infectious Diseases Bill

A Federal High Court in Abuja has rejected the suit filed by Dino Melaye, a former senator representing Kogi West, challenging the Control of Infectious Diseases Bill 2020, also known as the National Centre for Disease Control (NCDC) Bill.

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Justice Ijeoma Ojukwu held that the court lacked the jurisdiction to hear and determine issues raised in the suit by Melaye.

The judge held that the issues raised in the suit were not justifiable as a Bill could not be a subject of litigation until it becomes law.

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Ojukwu struck out the name of the IGP, who was listed as a respondent, 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, the African Charter on Human and Peoples’ Rights as well the United Nations Declaration of Human Rights.

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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.

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