LAGOS—Lawyers were yesterday divided on the propriety of President Muhammadu Buhari declaring lrestrictions on movements in Abuja, Lagos and Ogun states to check the spread of coronavirus pandemic in the country.
The President had said in his nationwide broadcast last night that the federal government was restricting movements in the affected areas to avert a scenario reminiscent of situations in such countries as Italy, Spain and the United States which have lost thousands of people to the disease.
While some of the lawyers disagreed with the President, saying he had no powers to unilaterally take some actions with approval from the National Assembly, others said his action came at the right time to save Nigerians from the pandemic.
Those who reacted included Ebun Adegboruwa, SAN; Olisa Agbakoba, SAN; Prof. Ernest Ojukwu, SAN; and they argued that the President does not have the powers to impose restriction of movements on any state in the country without the approval of the National Assembly.
Proposed restriction of movement in Abuja, Lagos, Ogun by presidential fiat is illegal—Adegboruwa, SAN
In his reaction, activist and lawyer, Mr Ebun-olu Adegboruwa, SAN, said: “The President has no powers to restrict the movement of persons without recourse to the National Assembly.
“The President has not invoked his powers under the Constitution to declare any state of emergency, which must be approved by 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.
“Also, there must be measures put in place to address the financial consequences of the proposed shutdown, especially for small scale businesses, those who depend on daily earnings and the needy and vulnerable members of the societies to be affected.”
Dr Olisa Agbakoba, SAN
In his reaction, human rights activist, Dr. Olisa Agbakoba said: “It’s in order but already covered by orders of the Lagos State government. It’s lawful under the Quarantine Act. He can make order for the security and safety of Nigerians. But my point is that in the case of Lagos State, the governor has already given directives to address the concerns raised by the President.”
Prof. Ernest Ojukwu, SAN
Also reacting, Prof Ernest Ojukwu said: “The President did well by ordering complete lockdown of Lagos and Abuja for two weeks but he needs to tell us how the government intends to feed people when we run out of food and drinking water. He announced that food factories and retail shops would be allowed to function but said access to them would be restricted.
“We need to know the scope of that access to food shops, including how their staff would go to work and how the shops will be protected in terms of security.”
Monday Ubani, Former 2nd Vice President, NBA
“The President will certainly be challenged by some on the ground that there is no existing law under which these measures were applied. Is this a declaration of state of emergency? If it is, has the President complied with the strict provisions of the constitution that requires the input of the Senate for this declaration?
“The president will be bashed for this declaration. On the issue of reliefs for the anticipated economic hardship, the measures announced are half-hearted. They are not sufficient and concrete enough to affect the majority of the poor in the country. Apart from moratorium on the so called tradermoni, cash transfers to unnamed categories of Nigerians for two months, there are no pronounced measures that will really alleviate the economic hardship that the already announced lockdown will bring to traders, entrepreneurs and the rest of the citizens. I am afraid that nothing has been said that will reduce anxiety from the citizens. For now everyone is on his or own, God for all of us.”
