Buhari’s action backed by law, says Osinbajo

From Bolaji Ogundele, Abuja

Vice President Yemi Osinbajo rose on Tuesday in defence of President Muhammadu Buhari’s restriction order in the Federal Capital Territory (FCT) Abuja, Lagos and Ogun states.

He said the President’s action has constitutional backing, besides being proactive.

Osinbajo spoke on a platform organised by HACK COVID-19 Call Centre, a private sector initiative supporting Nigeria’s battle against the COVID-19 pandemic.

In a statement by his Senior Special Assistant on Media and Publicity, Laolu Akande, the vice president said the restriction order got its legal root in the Quarantine Act of 1926.

The statement reads: “Regarding the legality of the shutdowns announced by the President yesterday, -Sunday-I think it is entirely legal. These steps are proactive, very relevant, important, and backed by law.

“I am not so sure some of the people who have commented on the issue have come across the Quarantine Act.  There is a Quarantine Act of 1926, it’s been published in all of the Laws of Nigeria, every edition of the Laws of Nigeria, it’s there.”

Lacing his defence with the part of the legislation empowering the President, Osinbajo said: “What the Act does is that it allows the President to designate any local area, any part of the country, as a place that may be infected or under the threat of a communicable disease, and he can then make regulations of any kind.

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“For instance, he can say, people should not go out; no public gatherings etc. So, it is a regulation that gives the President powers and these powers come from the National Assembly because, of course, it is an act of the National Assembly.”

The vice president also explained that by virtue of the constitutional rules, the 1926 Act is deemed to be an Act of the National Assembly.

“So, the President has extensive powers under the Quarantine Act of 1926. Also, governors have extensive powers under the same Quarantine Act.”

Osinbajo urged all interested individuals and groups to personally go through the legislation to understand the provisions therein.

“It is barely a one-page legislation; So, it is not particularly difficult to find the relevant provisions and it is not particularly difficult to read, very straightforward. So, the President has all the powers.”

Speaking further about the legal precedent for the ‘no movement order’, Prof. Osinbajo said: “Many of us are not familiar with the Influenza pandemic that killed several millions around the world in 1918. At that time regulations were made here, very similar to what we have today, although that was under the colonial authorities.

“The Influenza pandemic was referred to as the Spanish Flu and it killed thousands in Nigeria and millions across the world then.

“They also banned public gatherings, banned gatherings in places of worship then. So, there is even good historical precedence for some of what we are doing today.”