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The Act That Gives The President The Power To Lock Down Lagos, Ogun & FCT. - Politics - Nairaland

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The Act That Gives The President The Power To Lock Down Lagos, Ogun & FCT. by naptu2: 5:16am On Mar 30, 2020
naptu2:


https://www.researchgate.net/publication/320235694_Environmental_change_sanitation_and_bubonic_plague_in_Lagos_1924-31

https://www.longdom.org/proceedings/strike-at-the-root-lagos-the-bubonic-plague-and-its-aftermath-8648.html

https://www.tandfonline.com/doi/abs/10.1080/02665433.2015.1064779
1) Does the president have the power to lock down the FCT, Lagos and Ogun states?

Yes he does. (Bear with me, I'm going to tell you the full story).

A friend of mine told me something around a month ago. He joked that these flu pandemics seem to appear every 100 years. There was a similar pandemic in 1720, 1820 and in 1920.

Now, I remember my mother telling me a bit about this and I did my own research. The 1920 pandemic also affected Lagos. There was a quarantine, but some people were negligent in their duty and some people aboard one of the infected ships were able to come ashore. This enabled the Spanish Flu to spread in Lagos and people were taken to the Infectious Diseases Hospital in Ikoyi (I can't remember for sure, but I think she said that the IDH was at the location that Creek Hospital [Military Hospital now occupies on Awolowo Road in Ikoyi).

The Bubonic Plague also affected Lagos later in the 1920s.

These diseases led to the enactment of the Quarantine Act in 1926 (it has been amended a few times).

The Quarantine Act gives the president the power to declare any place within Nigeria or outside Nigeria as an infected place and it gives him the power to take all measures necessary to ensure that dangerous infectious diseases do not spread from that place to any other place in Nigeria.

Here's a link to the Quarantine Act. http://lawsofnigeria.placng.org/laws/Q2.pdf


SECTION

1. Short title.

2. Interpretation.
3. Power to declare any place an infected local area.
4. Regulations.
5. Penalties.
6. Provision of sanitary stations.
7. Jurisdiction of magistrates.
8. State quarantine and powers.
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.
[18 of 1926. 7 of 1929. L.N. 131 of 1954)
[27th May, 1926]
[Commencement.]
1. Short title
This Act may be cited as the Quarantine Act.

2. Interpretation
In this Act, unless the context otherwise requires-
"dangerous infectious disease" means cholera, plague, yellow fever, smallpox and
typhus, and includes any disease of an infectious or contagious nature which the Presi-
dent may, by notice, declare to be a dangerous infectious disease within the meaning of
this Act;
[1929 No. 7]
"local area" means a well-defined area, such as a local government area, a depart-
ment, a canton, an island, a commune, a town, a quarter of a town, a village, a port, an
agglomeration, whatever may be the extent and population of such areas.

3. Power to declare any place an infected local area

The President may, by notice, declare any place whether within or without Nigeria to

be an infected local area, and thereupon such place shall be an infected local area within
the meaning of this Act.
[1929 No. 7]

4. Regulations
The President may make regulations for all or any of the following purposes-
(a) prescribing the steps to be taken within Nigeria upon any place, whether within
or without Nigeria, being declared to be an infected local area;
(b) prescribing the introduction of any dangerous infectious disease into Nigeria or
any part thereof from any place without Nigeria, whether such place is an in-
fected local area or not;
(c) preventing the spread of any dangerous infectious disease from any place
within Nigeria, whether an infected local area or not, to any other place within
Nigeria;
(d) preventing the transmission of any dangerous infectious disease from Nigeria
or from any place within Nigeria, whether an infected local area or not, to any
place without Nigeria;
(e) prescribing the powers and duties of such officers as may be charged with car-
rying out such regulations;
(f) fixing the fees and charges to be paid for any matter or thing to be done under
such regulations, and prescribing the persons by whom such fees and charges
shall be paid, and the persons by whom the expenses of carrying out any such
regulations shall be borne, and the persons from whom any such expenses in-
curred by the Government may be recovered;
(g) generally for carrying out the purposes and provisions of this Act.
[1929 No. 7.]

5. Penalties
Any person contravening any of the regulations made under this Act shall be liable to
a fine of N200 or to imprisonment for a term of six months or to both.

6. Provision of sanitary stations
The President and within each State, the Governor thereof, may provide such sanitary
stations, buildings and equipment, and appoint such sanitary anchorages as he may think
necessary for the purposes of this Act.
[LN. 131 of 1954]

7. Jurisdiction of magistrates
Proceedings for imposing any fine or imprisonment under this Act or for recovering
any expenses incurred or charged by the Government in carrying out the provisions of
this Act may be commenced before and determined by any magistrate.

Some people ask if state governors have the power to lock down their states. The act gives them that power if the president has not yet acted

8. State quarantine and powers

If and to the extent that any declaration under section 2 or 3 or this Act has not been
made, and to the extent that regulations under section 4 of this Act have not been made
by the President, power to make any such declaration and to make such regulations may
be exercised in respect of a State, by the Governor thereof as fully as such power may be
exercised by the President, and subject to the same conditions and limitations.
[LN. 131 of 1954.1


Furthermore, some people say that the president can not lock down these places because the constitution gives people the right to freedom of movement.
41. (1) Every citizen of Nigeria is entitled to move freely throughout Nigeria and to reside in any part thereof, and no citizen of Nigeria shall be expelled from Nigeria or refused entry thereby or exit therefrom.

(2) Nothing in subsection (1) of this section shall invalidate any law that is reasonably justifiable in a democratic society-

(a) imposing restrictions on the residence or movement of any person who has committed or is reasonably suspected to have committed a criminal offence in order to prevent him from leaving Nigeria; or

(b) providing for the removal of any person from Nigeria to any other country to:-

(i) be tried outside Nigeria for any criminal offence, or

(ii) undergo imprisonment outside Nigeria in execution of the sentence of a court of law in respect of a criminal offence of which he has been found guilty:

Provided that there is reciprocal agreement between Nigeria and such other country in relation to such matter.

They say that the only way that the president can lock down these places is by declaring a state of emergency. That's not true. Read section 45 (1a) of the constitution:
45. (1) Nothing in sections 37, 38, 39, 40 and 41 of this Constitution shall invalidate any law that is reasonably justifiable in a democratic society

(a) in the interest of defence, public safety, public order, public morality or public health; or

(b) for the purpose of protecting the rights and freedom or other persons

Here's a link to the constitution: http://www.nigeria-law.org/ConstitutionOfTheFederalRepublicOfNigeria.htm

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Re: The Act That Gives The President The Power To Lock Down Lagos, Ogun & FCT. by helinues: 5:30am On Mar 30, 2020
Has he done that yet?

States are the one currently dictating their policies regarding this coronavirus palava

3 Likes 2 Shares

Re: The Act That Gives The President The Power To Lock Down Lagos, Ogun & FCT. by Nobody: 5:34am On Mar 30, 2020
Even though I don't like him, Baba lifeless have every right to lock down any State or location within the country that might cause threat to lives and properties to the citizens...


But the "Push and Start" General always wait for orders from his cabals before exercising his power as the number one man.


Jide Sanwo-Olu knows that if he had to wait for General M.Buhari, (rtd) Lagos State would have been recording more deaths than Italy and France put together.

83 Likes 8 Shares

Re: The Act That Gives The President The Power To Lock Down Lagos, Ogun & FCT. by naptu2: 5:35am On Mar 30, 2020
helinues:
Has he done that yet?

States are the one currently dictate their policies nregarsing this coronavirus palava

You missed yesterday's speech?

74 Likes 3 Shares

Re: The Act That Gives The President The Power To Lock Down Lagos, Ogun & FCT. by helinues: 5:39am On Mar 30, 2020
naptu2:


You missed yesterday's speech?

I didn't... The state Governors had already taken preventing measures without waiting for the presidency..

So in this case, Fg orders not really taking much effects

15 Likes 2 Shares

Re: The Act That Gives The President The Power To Lock Down Lagos, Ogun & FCT. by naptu2: 5:44am On Mar 30, 2020
helinues:


I didn't... The state Governors had already taken preventing measures without waiting for the presidency..

So in this case, Fg orders not really taking much effects

Go back and read my first post. I have modified it to make it clearer. The law says state governors can take those actions as long as the president has not yet acted and that the president's actions will supersede the governor's actions when the president eventually acts.

The president ordered a total lock down of Lagos, Ogun and the FCT as from 11pm today.

Lagos wasn't under a lock down. According to Governor Sanwoolu, Lagos had a "slow down" not a lock down.

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Re: The Act That Gives The President The Power To Lock Down Lagos, Ogun & FCT. by helinues: 5:45am On Mar 30, 2020
naptu2:


Go back and read my first post. I have modified it to make it clearer. The law says state governors can take those actions as long as the president has not yet acted and that the president's actions will supersede the governor's actions when the president eventually acts.

The president ordered a total lock down of Lagos, Ogun and the FCT as from 11pm today.

Lagos wasn't under a lock down. According to Governor Snawoolu, Lagos had a "slow down" not a lock down.

Noted. Thanks

24 Likes

Re: The Act That Gives The President The Power To Lock Down Lagos, Ogun & FCT. by Exmilitant(m): 6:04am On Mar 30, 2020
Op, bubonic plague in the 1920s? Check again sir. What we experienced then was the Spanish flu of 1918. There was also diseases such as; small pox, leprosy and others that needed quarantining.. Thanks anyways for clearing the air on Buharis capacity to order a lockdown in any state.

9 Likes 1 Share

Re: The Act That Gives The President The Power To Lock Down Lagos, Ogun & FCT. by daddytime(m): 6:06am On Mar 30, 2020
Thanks for the enlightenment.

10 Likes 1 Share

Re: The Act That Gives The President The Power To Lock Down Lagos, Ogun & FCT. by Exmilitant(m): 6:09am On Mar 30, 2020
We learn everyday, don't we? undecided

11 Likes 1 Share

Re: The Act That Gives The President The Power To Lock Down Lagos, Ogun & FCT. by stuff46(m): 6:11am On Mar 30, 2020
We've leant the pandemic law

FFK should come and see

14 Likes

Re: The Act That Gives The President The Power To Lock Down Lagos, Ogun & FCT. by naptu2: 6:11am On Mar 30, 2020
Exmilitant:
Op, bubonic plague in the 1920s? Check again sir. What we experienced then was the Spanish flu of 1918. There was also diseases such as; small pox, leprosy and others that needed quarantining.. Thanks anyways for clearing the air on Buharis capacity to order a lockdown in any state.

Maross:


I thought the bubonic plague AKA black plague happened in medieval times in Europe.

https://www.researchgate.net/publication/320235694_Environmental_change_sanitation_and_bubonic_plague_in_Lagos_1924-31

https://www.longdom.org/proceedings/strike-at-the-root-lagos-the-bubonic-plague-and-its-aftermath-8648.html

https://www.tandfonline.com/doi/abs/10.1080/02665433.2015.1064779

7 Likes

Re: The Act That Gives The President The Power To Lock Down Lagos, Ogun & FCT. by koffsman(m): 6:24am On Mar 30, 2020
Hope you know that during that period we were been ruled by the westerns and also the military so it's quit different to democracy, he needs the national assembly of Lagos State to approve and it's only Sanwo-Olu that can deaclear such in Lagos and more so if Buhari wants to order for State of emergency he needs the Senate to approve but unfortunately senate sef no sit down so he has no power too no be military era we dey bros

21 Likes 3 Shares

Re: The Act That Gives The President The Power To Lock Down Lagos, Ogun & FCT. by Inkling(f): 6:26am On Mar 30, 2020
We need to safe humanity first before any other thing.

1 Like

Re: The Act That Gives The President The Power To Lock Down Lagos, Ogun & FCT. by superamoled: 6:26am On Mar 30, 2020
Whether the president has the power or not, the lock down is out of necessity but we know some people will find it difficult to make ends meet in such situation

7 Likes

Re: The Act That Gives The President The Power To Lock Down Lagos, Ogun & FCT. by Mazda231: 6:26am On Mar 30, 2020
3years plus fully verified wechat account available,I am selling it because am no longer into Importation and also please note that the payment password has been forgotten but you can carry out other functions except to make payment. If you are interested check my signature to contact me via WhatsAp
Re: The Act That Gives The President The Power To Lock Down Lagos, Ogun & FCT. by funmike83(f): 6:27am On Mar 30, 2020
Why are we like this in nig. When the man didn't talk , you were all shouting , now that he gave directives, na another wahala. We are just too complex to rule in this country

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Re: The Act That Gives The President The Power To Lock Down Lagos, Ogun & FCT. by ecclize: 6:28am On Mar 30, 2020
e
Re: The Act That Gives The President The Power To Lock Down Lagos, Ogun & FCT. by StepTwo: 6:28am On Mar 30, 2020
Why are we even debating this? This is for the safety of every citizen and we are debating it

24 Likes

Re: The Act That Gives The President The Power To Lock Down Lagos, Ogun & FCT. by Eriggs: 6:28am On Mar 30, 2020
All the fools in PDP , from Dino to adegboruwa to PDP as a party itself and their stupid wailing zombies online, commenting and insulting the President for trying to protect their miserable lives and the lives of Nigerians and all their families from Covid-19 will avoid this thread like a plague. Thanks naptu for enlightening them. They have already analyzed the video of the speech and are telling us it was recorded in London! Bunch of propagandists. Bunch of 16 years failures.They should all keep shouting it is wrong for the president to do the right thing, until coro catch dem yansh!
jeffizy:
Thank you Naptu.
Your threads are always very enlightening.
I concur.

32 Likes 5 Shares

Re: The Act That Gives The President The Power To Lock Down Lagos, Ogun & FCT. by EmmaOgbu(m): 6:28am On Mar 30, 2020
He should lockdown the whole country







if he can take care of the citizens










But if he can't, let him shut up first.

5 Likes 1 Share

Re: The Act That Gives The President The Power To Lock Down Lagos, Ogun & FCT. by Nobody: 6:28am On Mar 30, 2020
Ok
Re: The Act That Gives The President The Power To Lock Down Lagos, Ogun & FCT. by ikorodureporta: 6:29am On Mar 30, 2020
How effective will the lockdown be if people still move from house to house, street to street??

Can they lock everyone in like Environmental sanitation day?? That's the only effective lockdown

2 Likes 1 Share

Re: The Act That Gives The President The Power To Lock Down Lagos, Ogun & FCT. by vkeeshez(m): 6:30am On Mar 30, 2020
Okay now the drama continue
Season 2
Re: The Act That Gives The President The Power To Lock Down Lagos, Ogun & FCT. by kittykollinxx(m): 6:30am On Mar 30, 2020
Act or no Act, any measure to safeguard human lives is welcome but this pandemic is clearly preventable and their negligence clearly led to this. Guess what? The poor would pat the bigger price for the lockdown
Re: The Act That Gives The President The Power To Lock Down Lagos, Ogun & FCT. by Openbusiness: 6:30am On Mar 30, 2020
undecided bullshit! Some of us are educated enough to know that during a national crisis or emergency, the president cannot take away the constitutionally guaranteed fundamental rights of freedom of movement and freedom of association without the approval of the Senate of the federal republic of Nigeria. Do you think the Senate exists just to pass budget and buy 2020 toyota Camry? Their primary function and reason for existence is for such situations like this. Buhari cannot win in court in a sane democratic countries like America and Europe, they would have sued him and a court would have barred the implementation of his order for the ban. But no worries, we know Buhari is a dictator and Nigeria is a banana republic, so carry on with your mad abuse of power, no wahala grin

12 Likes 3 Shares

Re: The Act That Gives The President The Power To Lock Down Lagos, Ogun & FCT. by InvertedHammer: 6:30am On Mar 30, 2020
/
The question is: Is Nigeria still running on colonial (pre-Independence) Constitution?

\

10 Likes 1 Share

Re: The Act That Gives The President The Power To Lock Down Lagos, Ogun & FCT. by Holamilekan97(m): 6:31am On Mar 30, 2020
Lockdown even when there's no food. God heal the world.

6 Likes 1 Share

Re: The Act That Gives The President The Power To Lock Down Lagos, Ogun & FCT. by realstars: 6:31am On Mar 30, 2020
The Entire World Is Old, 2020 Has Come And Our Eyes Has Seen The Wonders Of Aged Old World. Fear God And Be Good All The Time.

1 Like

Re: The Act That Gives The President The Power To Lock Down Lagos, Ogun & FCT. by israelmao(m): 6:32am On Mar 30, 2020
Why is Buhari always waiting for people to react before he takes action?One of the qualities of a smart and good leader is ability to take initiatives when chips are down.Experts may give or share their advice to aid in good governance but a good leader must be able to think on his feet.

7 Likes 1 Share

Re: The Act That Gives The President The Power To Lock Down Lagos, Ogun & FCT. by Nobody: 6:32am On Mar 30, 2020
Exmilitant:
Op, bubonic plague in the 1920s? Check again sir. What we experienced then was the Spanish flu of 1918. There was also diseases such as; small pox, leprosy and others that needed quarantining.. Thanks anyways for clearing the air on Buharis capacity to order a lockdown in any state.

Actually there was an episode of the bubonic plague in Lagos in the 1920's

The paper 'Environmental Change, Sanitation and Bubonic Plague in Lagos, 1924-31', published in 2017 is a good look at the effect of the plague on Lagos in those days.

8 Likes 2 Shares

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