The attorney-general of the federation and minister of justice, Mr. Abubakar Malami, yesterday justified President Muhammadu Buhari’s order imposing movement restriction in the Federal Capital Territory, Lagos and Ogun states.
Malami was reacting to a statement by a senior lawyer, Mr. Ebun-Olu Adegboruwa who described the president’s order as illegal.
Recall that the president had in his broadcast to the nation on Sunday, March ordered residents of the FCT, Lagos and Ogun to stay at home for 14 days from Monday in a bit to contain the spread of the coronavirus disease in the country.
Based on the advice of the Federal Ministry of Health and the NCDC, I am directing the cessation of all movements in Lagos and the FCT for an initial period of 14 days with effect from 11 pm on Monday, 30th March 2020. This restriction will also apply to Ogun State due to its close proximity to Lagos and the high traffic between the two States.
“All citizens in these areas are to stay in their homes. Travel to or from other states should be postponed. All businesses and offices within these locations should be fully closed during this period.
“The governors of Lagos and Ogun States, as well as the minister of the FCT, have been notified. Furthermore, heads of security and intelligence agencies have also been briefed,” said Buhari
In his reaction, Adegboruwa said he would support every measure taken to contain the coronavirus but argued that the president “has no powers to restrict the movement of persons without recourse to the national assembly.”
“We are running a constitutional democracy and it is illegal for the President to take over the affairs of any state of the federation without the express consent of the people of that state through their elected representatives.
“It is only the governor of the state through the house of assembly of the state that can make any declaration concerning the people of that state. Little wonder that the President could not cite any law that he relied upon for his declaration.
“I support every measure taken to contain the Coronavirus pandemic but such must be in accordance with law. If we allow this to stay, then tomorrow the president may just impose total restriction on all states of the federation for whatever reason.
“I humbly urge the president to reverse the restrictions and work with the states concerned in accordance with the laws of our land,” he said.
But Malami who provided the law that he said backed the president’s action contended that the president did not commit any illegality.
“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 House of the National Assembly.
“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,” he said.
The minister said the correct position remains that the president acted rightfully under the powers conferred on him by the Quarantine Act 1990 CAP 384 LFN which has the title:
“An Act to provide for and regulate 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”.
He said it is not in doubt that COVID-19 is an infectious disease of a contagious nature which the president rightly declared under Section 2 of the Quarantine Act to be a dangerous infectious disease.
“Section 3 of the Act enables the President to declare any part of Nigeria as an infected area. Section 4 of the Act further empowers the President to make regulations to prevent the introduction, spread and transmission of any dangerous infectious disease.
“Section 6 of the Act requires the President and State Governors to provide sanitary stations, buildings and equipment. Thus, in recognition of the critical roles being played by the state Governors in these trying times, the Federal Government has been working with the states in line with the dictates of Section 6 of the Act.
“The President has so far acted in accordance with the executive powers of the federation conferred on him under Section 5(1) of the 1999 Constitution (as amended) as well as the provisions of Section 14(2) (b) which provides that the security and welfare of the people shall be the primary purpose of government,” Malami added.
