Ebun-Olu Adegboruwa, a human rights lawyer, says President
Muhammadu Buhari should have declared a state of emergency instead of a
lockdown over the coronavirus pandemic.
The president had ordered the lockdown of the federal
capital territory (FCT), Lagos and Ogun states as a measure to curb the spread
of COVID-19.
Adegboruwa on Monday described the order of the president
restricting movements as “illegal”.
Defending the action of the president, Abubakar Malami,
attorney-general of the federation (AGF,) said the Quarantine Act empowers the
president to take such measures since COVID-19 has been declared an infectious
disease.
Vice-President Yemi Osinbajo also said the Quarantine Act
gives the president power to “make regulations of any kind”.
Responding to the vice-president and the AGF, Adegboruwa
said: “The Quarantine Act has no provision for the restriction of the movement
of any citizen.”
He said the act “is meant for the isolation, care and
treatment of victims of infectious diseases simpliciter, for the purpose of
isolating them away from interacting with other members of the public,
generally”, and that it should not be “twisted” to restrain the uninfected.
The senior advocate of Nigeria also said for the president
to be entitled to make any regulation under sections 4 and 8 of the Quarantine
Act, he should have published in a national newspaper “stating the particular
place affected as an Infected Local Area and such must be a well-defined area,
such as a local government, a town or a community, and not just a blanket tag”.
“This has not been done. How then do we lockdown citizens
and detain them forcefully for two weeks, in one single spot, without any
charge or offence alleged against them?” he said.
“The Quarantine Act does not contain any provision expressly
authorizing the restriction of movement of citizens and such power must not and
cannot be assumed by the President.
Adegboruwa said Buhari should have explored the option of
declaring a state of emergency as enshrined in section 305 (3) (d) of the
constitution instead of a lockdown which violates the constitutional rights of
citizens.
“Section 305 (3) (d) of the Constitution permits the
President to declare a state of emergency in any part of Nigeria through an
instrument published in the official gazette when “there is an occurrence or
imminent danger, or the occurrence of any disaster or natural calamity,
affecting the community or a section of the community,” he said.
“The COVID 19 pandemic qualifies an imminent danger, a
disaster and a natural calamity. The President should have explored this window
for his declaration.”
He added that such a declaration will cease to have effect
if it is not approved by the national assembly through a resolution after two
days of being in session or after 10 days being out of session.
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