Abubakar Malami, attorney-general of the federation (AGF),
says Ebun-Olu Adegboruwa, human rights lawyer, goofed when he described as
illegal the order of President Muhammadu Buhari restricting movements.
The human rights lawyer said Buhari could only make such
proclamations in consultation with the national assembly.
The president had ordered the lockdown of the federal
capital territory (FCT), Lagos and Ogun states as a measure to curb the spread
of the coronavirus disease.
In a statement on Monday, Malami said quarantine act enables
the president to take measures since COVID-19 has been declared an infectious
disease.
“Section 4 of the act further empowers the president to make
regulations to prevent the introduction, spread and transmission of any
dangerous infectious disease.”
The AGF argued that the president could even declare a state
of emergency for 10 days before consulting with the federal lawmaker.
Malami said the president gave the order at a time the
national assembly was “shut down”.
“It is important to inform the discerning members of the
public that the President did not make a declaration of a state of emergency
under Section 305(1) of the 1999 Constitution (as amended) which would have
required the concurrence of both houses of the national assembly,” Malami said.
“Even at that Section 305(6)(b) of the 1999 Constitution (as
amended) permits a proclamation of a State of Emergency to run for a period of
10 days without the approval of the National Assembly when the parliament is
not in session as in the present situation wherein the National Assembly has
shut down.
“The learned silk also goofed when he questioned the
president’s powers to restrict movement and claiming that such powers can only
be exercised by the state governors and the respective state assemblies.
“It is clear from the president’s broadcast that what His
Excellency sought to address is a public emergency occasioned by a dangerous
and infectious coronavirus disease.
“The restriction of movement came on the heels of advice
received by the President from the Federal Ministry of Health and the NCDC, the
two focal agencies in the fight against COVID-19.”
Nigeria had recorded 131 coronavirus cases — mostly in Lagos
and Abuja — as at Monday night.
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