Moses Ofodeme
The Attorney-General of the Federation, Abubakar Malami has defended the legality of President Muhammadu Buhari’s declaration of a lockdown in Lagos, Abuja, and Ogun; to help stop the spread of coronavirus in the country.
According to Malami, the order is valid, legal and enforceable.
Malami said this in a statement he issued on Monday, March 30; in Abuja; while reacting to Mr. Ebun Olu-Adegboruwa on his criticism of President Buhari’s proclamation of the restriction of movement; on account of COVID-19.
“Mr Olu-Adegboruwa is wrong and misconstrued the law of sections 5, 14, 20 and 45 of the 1999 Constitution of the Federal Republic of Nigeria and Sections 2, 6 and 8 of the Quarantine Act; as well as Article 4 of the International Covenant on Civil and Political Rights and Article 11 on Human and Peoples Rights; which make the declaration by His Excellency the President, valid, legal and enforceable.
“Ebun Olu-Adegboruwa had claimed that the president lacked the powers to restrict movements in any part of the country; without the consent of the National Assembly.
“I wish to note that he did not state any constitutional or statutory provision which the president has breached in the present circumstances.
“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 Houses of the National Assembly.”
Malami said that 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.
He said that the patriotic step taken by Mr President in overriding national interest has been subjected to attack for allegedly being illegal.
Malami said; “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.
“To this end, the federal government is providing a financial stimulus to the Lagos State Government in the sum of N10 billion and to the NCDC in the sum of N6.5 billion; for the benefit of the entire 36 States and the FCT.
“I also wish to draw the attention of the public to the provisions of Section 8 of the Quarantine Act which clearly gives high precedence to the President above State Governors; in responding to matters of public health’’.
“It is therefore erroneous and mischievous for anyone to claim that the President is usurping the powers of State Governors and State Houses of Assembly’’.
He said the foregoing is strengthened by the fact that Quarantine is one of the items; under the Exclusive Legislative List in the 1999 Constitution; which means that a State House of Assembly cannot legislate on it.
“The above notwithstanding, going by the doctrine of covering the field, the President did not violate any law.
“The provisions of the Quarantine Act above enjoy constitutional backing under Section 45(1)(a) of the 1999 Constitution; being a law that is reasonably justifiable in a democratic society in the interest of public health.
“Furthermore, it is common knowledge that COVID-19 is a global pandemic that is crippling nations and economies; therefore, stringent measures at the national level are required.
“This is not a situation whereby the federal government is expected to wait for state governments to act first’’.
