By Joseph Jibueze and Adebisi Onanuga
A former Nigerian Bar Association (NBA) president Dr. Olisa Agbakoba (SAN) yesterday urged the National Assembly to pass an emergency law to tackle the Coronavirus pandemic.
He said the United Kingdom passed the Coronavirus Act of 2020 in two days, which empowers the government to take drastic actions to tackle the disease.
Agbakoba said Nigeria should urgently pass a similar law.
In the meantime, he said the federal and state governments could invoke the Quarantine Act of 1926 to declare a total lockdown of Nigeria for at least two weeks.
Agbakoba said in a statement: “Our lawmakers must as a matter of urgency pass a Coronavirus Act 2020 to deal with the multiple challenges Nigerians face.
“The law will deal with safety first and foremost, welfare secondly and generally to promote peace and good order of Nigeria to confront this monstrosity. The UK passed the Coronavirus Act of 2020 in just two days.
“I call on the President and governors to invoke the provisions of the Quarantine Act to order a complete lockdown of the country for at least 14 days as only the toughest possible measures will ensure we are safe.
“The Quarantine Law was passed in 1926. The law empowers the President to issue regulations for the safety and protection of Nigerians when in the opinion of the President or governor there is reason to believe that there is a grave medical or other likely danger to the common good of Nigerians as a result of an infectious or contagious disease.
“Coronavirus is real! Remember the Spanish flu. It killed 50 million people. With the increased spread of Coronavirus, also called COVID-19, it is urgent that we cooperate with the government to stop the spread of the virus.
“Please, help the government by complying with regulations by staying at home, maintaining social distance and washing your hands regularly.”
Human rights activist-cum-lawyer Femi Falana (SAN) has asked the Federal Government to invoke the Quarantine Act, which provides for and regulates the imposition of quarantine and in accordance with its powers under Section 305 of the Constitution of Nigeria.
He said federal and state governments will have difficulties enforcing regulations they put in place to combat the pandemic Coronavirus (COVID-19 without legal backing.
Falana made this declaration in a statement in Lagos yesterday in reaction to the decision of the government to deal with those found disobeying regulations announced to combat COVID-19 titled: “Regulations To Combat COVID-19 Cannot be enforced Without Legal Backing”.
“Having confirmed that the Presidency is on lockdown, we are compelled to call on governors to apply the Quarantine Act, which provides for and regulates the imposition of quarantine and to make other provisions for preventing the introduction into and spread in Nigeria and the transmission from Nigeria of dangerous infectious diseases.
“In particular, governors are enjoined to invoke Section 8 of the Act, which empowers them to make such declarations and issue necessary regulations to combat any infectious disease like the COVID-19.
“Once the declarations are made, police officers will be in a position to enforce the provision of Section 5 of the Act, which states that any person who contravenes the regulations made pursuant to the law shall be liable to a fine of N200 or imprisonment for a term of six months or both.
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“Furthermore, the attention of the public should be drawn to the stringent penalties prescribed by the Criminal Code and Penal Code for offences endangering life or health, including reckless or negligent acts causing harm to people,” he said.
The senior lawyer recalled that the Federal Government had threatened to deal with religious and political leaders who had been flouting the measures put in place to contain the Coronavirus pandemic.
According to the Minister of Information, Mr. Lai Mohammed, “for those who will continue to wilfully flout the directives aimed at checking the spread of this disease, the long arm of the law will soon catch them.”
Falana, however, noted that the minister did not refer to any law or regulation that has been violated by such irresponsible leaders to support the decision of the government.
He argued that under the current democratic dispensation, no authority has the power to sanction any person for an offence that is not known to law and cited the case of Faith Okafor Vs. Lagos State Government to support his position.
He noted that in the suit number (2014) WRN/CA/L/1106, the Court of Appeal held that the appellant could not be arrested or prosecuted for disobeying or flouting the directive or order of the Governor of Lagos State on restriction of movement for the monthly sanitation exercise, as he can only be arrested and prosecuted for an offence that is prescribed in a written law.
Falana regretted that his request to President Muhammadu Buhari on Monday to proclaim a state of emergency throughout the federation pursuant to Section 305 of the Constitution of Nigeria was ignored without any explanation.
He reasoned that this might be due to the fact that the government failed to realise that the country was no longer under the type of government when Nigerians were sanctioned for flouting regulations, which were based on the whims and caprices of military dictators.
Falana, however, remarked that while no political or religious leader should be allowed to risk the lives of Nigerians by disregarding measures that have been announced by the authorities, the Federal Government has itself to blame for failing to proclaim a state of emergency to deal with the ravaging COVID-19.
“It is common knowledge that leaders of many countries have since invoked the provisions of relevant statutes to declare a state of emergency before imposing restriction on the locomotion of people and lockdown of towns,” he noted.
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