It is illegal to impose curfew upon the people without a law, By Ebun-olu Adegboruwa

Cat:

Related stories

Why I Renamed IBB’s Govt Built International Conference Centre After Tinubu – Wike

By Kolawole Ojebisi The Minister of the Federal Capital Territory,...

My Soul Has Left PDP, Says Momodu

By Kolawole Ojebisi The publisher of Ovation International, Dele Momodu,...

Let’s Go To Party, By Uzor Maxim Uzoatu

Fellow countrymen and women, let’s take a trip to...

Budget of barbarians, for brigands, by buccaneers

By Ugo Onuoha THE first thing that the legislative and...

Oil Prices Could Sink Below $50 This Year

Crude oil prices could decline below $50 a barrel this...

The Quarantine Act is no authority for the restriction of movement of people. Indeed, there is no provision in that Act that empowers the President or Governor of a State, to impose curfew on people or to restrict their movement.

First, public health legislations are targeted at the victims of infectious diseases and to protect those who have not been infected. A law made to protect me cannot at the same time be implemented to restrain me.

Second, the liberty of any citizen cannot be subject of indirect interpretation of legislations. Being a constitutional right inuring to the citizen as a fundamental right, the right to freedom of movement cannot be circumscribed under the Quarantine Act. For a law to satisfy the derogatory provisions of section 45(1) of the Constitution, it must specifically state the restriction of movement and give reasons for it and be passed by the parliament.

Third, there is nowhere under the Quarantine Act that the movement of citizens who are not infected with any infectious disease can be restricted. It is a law meant solely for the isolation of those infected with a disease capable of being transmitted, not to restrain those who have not been infected.

Fourth, the Quarantine Act, is a piece of colonial legislation made by the British colonialists in 1926, in trying to protect themselves from the natives that they suspected to harbour infectious diseases. Indeed, the Act targets mostly ships, with no provision to cover movement by air, by train or by motor vehicle.

It is an archaic piece of legislation that has no place in our modern day independent Nigeria, even though it is erroneously preserved under section 315 of the Constitution. The National Assembly should amend that legislation to be in tune with our present circumstances.

Fifth, no governor in Nigeria is empowered by mere executive proclamation, to impose curfew on the people, to restrict their movement or to put them under compulsory quarantine, with no evidence of infection of any disease.

What the governors should do is to work with the parliament in their States and come up with laws that will address the emergency situation that we have at hand, not through executive fiat.

Though I commend the federal and State governments for their proactive measures to combat the COVID 19 menace, this cannot be the basis for the restriction of movements or imposing total lockdown by executive proclamations.

It took the governments of the ##s less than one month to come up with laws for the Amotekun security outfits. Parliamentarians can hold online meetings through video conferencing and come up with an emergency legislation to tackle COVID 19, instead of rushing to allocate luxury cars in the time of national emergency.

Nigeria will surely overcome this pandemic, through God and our collective actions.

  • Ebun-olu Adegboruwa, SAN, writes from Lekki, Lagos.
'Dotun Akintomide
'Dotun Akintomide
'Dotun Akintomide's journalism works intersect business, environment, politics and developmental issues. Among a number of local and international publications, his work has appeared in the New York Times. He's a winner of the National Youth Service Corps (NYSC) Award. Currently, the Online Editor at The New Diplomat, Akintomide has produced reports that uniquely spoke to Nigeria's experience on Climate Change issues. When Akintomide is not writing, volunteering or working on a media project, you can find him seeing beautiful sites like the sandy beaches that bedecked the Lagos coastline.

Subscribe

- Never miss a story with notifications

- Gain full access to our premium content

- Browse free from up to 5 devices at once

[tds_leads input_placeholder="Your email address" btn_horiz_align="content-horiz-center" pp_msg="SSd2ZSUyMHJlYWQlMjBhbmQlMjBhY2NlcHQlMjB0aGUlMjAlM0NhJTIwaHJlZiUzRCUyMiUyMyUyMiUzRVByaXZhY3klMjBQb2xpY3klM0MlMkZhJTNFLg==" pp_checkbox="yes" tdc_css="eyJhbGwiOnsibWFyZ2luLXRvcCI6IjMwIiwibWFyZ2luLWJvdHRvbSI6IjQwIiwiZGlzcGxheSI6IiJ9LCJwb3J0cmFpdCI6eyJtYXJnaW4tdG9wIjoiMTUiLCJtYXJnaW4tYm90dG9tIjoiMjUiLCJkaXNwbGF5IjoiIn0sInBvcnRyYWl0X21heF93aWR0aCI6MTAxOCwicG9ydHJhaXRfbWluX3dpZHRoIjo3NjgsImxhbmRzY2FwZSI6eyJtYXJnaW4tdG9wIjoiMjAiLCJtYXJnaW4tYm90dG9tIjoiMzAiLCJkaXNwbGF5IjoiIn0sImxhbmRzY2FwZV9tYXhfd2lkdGgiOjExNDAsImxhbmRzY2FwZV9taW5fd2lkdGgiOjEwMTksInBob25lIjp7Im1hcmdpbi10b3AiOiIyMCIsImRpc3BsYXkiOiIifSwicGhvbmVfbWF4X3dpZHRoIjo3Njd9" display="column" gap="eyJhbGwiOiIyMCIsInBvcnRyYWl0IjoiMTAiLCJsYW5kc2NhcGUiOiIxNSJ9" f_msg_font_family="downtown-sans-serif-font_global" f_input_font_family="downtown-sans-serif-font_global" f_btn_font_family="downtown-sans-serif-font_global" f_pp_font_family="downtown-serif-font_global" f_pp_font_size="eyJhbGwiOiIxNSIsInBvcnRyYWl0IjoiMTEifQ==" f_btn_font_weight="700" f_btn_font_size="eyJhbGwiOiIxMyIsInBvcnRyYWl0IjoiMTEifQ==" f_btn_font_transform="uppercase" btn_text="Unlock All" btn_bg="#000000" btn_padd="eyJhbGwiOiIxOCIsImxhbmRzY2FwZSI6IjE0IiwicG9ydHJhaXQiOiIxNCJ9" input_padd="eyJhbGwiOiIxNSIsImxhbmRzY2FwZSI6IjEyIiwicG9ydHJhaXQiOiIxMCJ9" pp_check_color_a="#000000" f_pp_font_weight="600" pp_check_square="#000000" msg_composer="" pp_check_color="rgba(0,0,0,0.56)" msg_succ_radius="0" msg_err_radius="0" input_border="1" f_unsub_font_family="downtown-sans-serif-font_global" f_msg_font_size="eyJhbGwiOiIxMyIsInBvcnRyYWl0IjoiMTIifQ==" f_input_font_size="eyJhbGwiOiIxNCIsInBvcnRyYWl0IjoiMTIifQ==" f_input_font_weight="500" f_msg_font_weight="500" f_unsub_font_weight="500"]

Latest stories

NDN
Latest News
Why I Renamed IBB's Govt Built International Conference Centre After Tinubu - WikeMy Soul Has Left PDP, Says MomoduLet’s Go To Party, By Uzor Maxim UzoatuBudget of barbarians, for brigands, by buccaneersOil Prices Could Sink Below $50 This YearExclusive: Nigeria's $5 billion oil-backed loan from Aramco delayed by oil price drop, say sourcesTop APC Chieftain, Jesutega Onokpasa Dies at 49Sallah Break: Tinubu Finally Departs Lagos State For Abuja, Resumes WorkFalana Warns Wike: Your Ignorance of Diplomatic Rules 'll Cause Crisis for Nigeria Over Grant RentTrump’s Administration Reverses Self, Directs Embassies to Process Harvard Students VisasA New Dawn for Rivers StateKenya Plans to Launch Crude Oil Exports in 2026Maryam Abacha Drops Jabs At Gen Abdulsalami, Says Billions Stolen After Abacha’s DeathTinubu: Presidency Replies Peter Obi, Says He Is Blind To RealitiesHow Boko Haram Attacked Ex-COAS Buratai's Convoy, Escapes Death In Borno --- Reveals Ndume
X whatsapp