Onitsha Market Shutdown: Lawyer, Traders Question Soludo’s Authority Amid Sit-at-Home Defiance
- Traders in the Onitsha Main Market have called on Governor Soludo to reconsider his order closing the popular market
- A legal expert in a chat with Legit.ng addressed questions on whether the governor has the authority to shut down private businesses for non-compliance
- Some traders also expressed frustration over collective punishment, arguing that the closure affects willing shop owners unfairly
A legal practitioner, Mr. Smart Udebunu, and traders in Onitsha Main Market have urged Governor Chukwuma Soludo of Anambra state to reconsider his actions. The market was closed for one week after traders failed to open their shops on Mondays, following the governor’s directive.
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Recall that, on Monday, January 26, Soludo ordered the closure of Onitsha Main Market.
Traders in Anambra and other southeast states usually stay home on Mondays due to the IPOB sit-at-home directive. Governor Soludo, however, insists all businesses must operate, warning non-compliant traders to relocate and threatening to extend the market closure beyond one week if shops remain closed.
The governor called the sit-at-home orders “economic sabotage” and said they harm investment and security. He assured traders who open their shops that adequate security would be provided despite fears over the directive.
What do market traders propose instead?
When Legit.ng correspondent sought the reactions of traders in the market over the closure by Governor Soludo, many traders expressed regret over the governor's action, saying that the state's number one person has no right to close down private enterprises over traders' personal decisions, which do not violate any known law.
A trader at the Onitsha Main Market, who gave his name as Papa Ejima, criticised the governor, saying that he opened his shop together with some other traders when the governor arrived and announced one week closure of the market, a decision he said affected both the guilty and the innocent.
He said, "If you ask me, I will say that Governor Charles Soludo is the person doing economic sabotage. How could he close down traders' private shops? Are we working for him? Is he the person feeding our children and us? Are we his boi boi? After all, is he forcing us to open shops, even when we're not disposed to open? Are we not paying state tax?"
Another trader in the Market, who gave his name as Simon-Daniel Ubani, suggested that what the government should do is to continue to appeal to traders to shun sitting at home on Mondays.
"What Soludo and his government should do is to keep appealing to traders to shun sitting at home on Mondays. The governor should refrain from issuing orders to traders. I believe that with time, normalcy will be restored. Many of us open our shops on Mondays. You can't punish those who want to do business because of those who don't want to," he said.
Can a governor close markets for non-compliance?
Meanwhile, when Legit.ng correspondent contacted a legal practitioner, Mr Smart Udebunu, to know whether a governor has the legal right to close a market as punishment for traders failing to open their shops, he said that the issue "is a contentious one - balancing executive powers to maintain order against constitutional rights to trade and own property."
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Mr. Udebunu, in an exclusive telephone interview with Legit.ng correspondent on Tuesday, January 27, argued that based on legal principles and the Fundamental Human Rights under the 1999 Constitution of Nigeria (as amended), "individuals have guaranteed rights to personal liberty, freedom of movement, and freedom of association," adding that forced opening of shops violates these rights.
According to him, "a trader's shop is a private business interest. The government cannot compel a private business owner to operate on a particular day. The decision not to trade is a business decision, even if prompted by fear, and not a crime.
"There is no known law in Nigeria that forces citizens to conduct business on any specific day. Again, closing an entire market as a penalty for the actions or fears of some individuals is considered an abuse of power, and a form of 'collective punishment,' which is generally frowned upon under human rights laws."
The lawyer, who also argued in favour of Soludo's action, maintained that the governor, as the state's Chief Security Officer, has a duty to maintain peace and order.
He said, "If a 'sit-at-home' order is deemed to be enforced by non-state actors, as we have in the case of IPOB, the governor may take measures to restore normalcy."
"The governor had argued that sustained closure of markets in the state constitutes sabotage of the state's economy, and that the government must protect the livelihoods of all, not just those complying with illegal, sit-at-home orders."
"Some state market laws allow the government to regulate the establishment, maintenance, and hours of business in public markets."
The lawyer noted that while the governor has powers to maintain order (e.g., providing security, arresting extortionists), shutting down markets as a direct punishment for not opening is widely considered to have a weak, or even illegal, foundation in a democratic, constitutional system.
The legal luminary concluded by saying that affected traders or market associations have the legal right to sue the state government to challenge such closures, "as executive directives cannot override constitutional rights."
Anambra PTA backs Monday school return order
In a related development, Legit.ng reported that the Parents‑Teachers Association (PTA) reacted to the Anambra State government’s order forcing teachers and pupils to resume Monday classes or face a 20 % salary cut or forfeiture, aiming to end the long‑standing sit‑at‑home agitation linked to Biafra activism.
PTA chairman Augustine Iloma described the directive as a positive step to normalise schooling on Mondays but questioned how it would work when banks, markets and transport systems are still largely shut on those days due to fear of attacks.
Parents also expressed concern about safety and logistics, saying many would be reluctant to send children to school on Mondays until security improves and economic activities fully resume across the state.
Source: Legit.ng
