-Advises Soludo to Reconsider Market Closure
A Senior Advocate of Nigeria and former Commissioner for justice and Attorney General of Imo State, Prof. F.C. Dike, has faulted the decision of the Anambra State Governor, Prof. Chukwuma Soludo, to shut down the Onitsha Main Market for seven days over traders’ alleged non-compliance with the Monday sit-at-home order.
Dike urged the governor to have a rethink and reverse the action, describing it as an infringement on the fundamental rights of the traders to freely use their property.
The governor had ordered the closure of the market after accusing traders of defying government directives by refusing to open their shops on Mondays. However, in a strongly worded epistle titled “The New Despotism,” which he made available to journalists on Thursday, Prof. Dike argued that shop owners are private individuals who are legally entitled to decide when and how to operate their businesses, provided their actions cause no legally recognised harm to others.
According to him, although the state may be losing an estimated ₦8 billion in revenue every Monday due to the sit-at-home, such loss—while economically injurious—is not unlawful.
“The law, for over a century, does not recognise pure economic or financial loss and regards such loss as injuria sine damnum (injury without damage),” Dike stated, noting that this principle now enjoys constitutional reinforcement under fundamental rights.
He added that for the government to succeed in any legal action, it must show physical damage to person or property—something he said would be impossible to establish simply because a trader chooses not to open a shop.
“Even if a trader opens his shop and refuses to sell, he cannot be compelled. He has the right to walk the buyer out, as declared as far back as 1834 in Timothy v. Simpson,” Dike said.
The senior lawyer further warned the governor to reflect on the socio-cultural psyche of the Igbo people, referencing the Otokoto riots in Imo State as a historical example of how economic coercion can escalate into social unrest.
“It appears His Excellency may have forgotten—or does not fully appreciate—the Igbo psyche. A recall of such past events should necessitate caution in the present circumstances,” he added.
Dike concluded by questioning whether the governor consulted the state’s Attorney-General before taking what he described as a “regrettable step.”
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