koffsman:
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

TonyAntony:
National assembly of Lagos state kwa? Oh my goodness!!!!

naptu2:
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




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




Furthermore, some people say that the president can not lock down these places because the constitution gives people the right to freedom of movement.


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:


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

koffsman:
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

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

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

idealogical:



Is the Nigerian constitution also different or it's been amended to say the FG must bow to LASG and seek approval before enacting national policies and actions?

ccollins post=87910516[b:
]who declares which law is reasonable justifiable in our society [/b] if not the judiciary and our court of law and justice. So a law that is justiciable in a democratic society is not one which without tenets of democracy ,checks and balances now gives a whimsical power to the presidency to issue out a analogous illicit fiats to close down borders without first obtaining such orders from the court that their actions are legal and that the quarantine act is on the merits justifiable in a democratic society

naptu2:


You missed yesterday's speech?

payperpost:
so he did in 2014, he told everyone the old man is the Messiah, he has been elevated driving nice cars, but see us here.
why not start organizing evening classes for the old man before he ruins every thing.

koffsman:
Very good question here is it all the federal government needed to do was place a call to the AG of the federation to advice on the best approach since they know the laws better than we do and the AG will connect with the AG of Lagos State who will in turn advise the governor and national assembly on reasons we need lock down in Lagos State but the president by passed all of this thinking it's still military era. If you check well when Obj wanted to declare state of emergency in ekiti he went through the Senate if he Buhari wanted to do it well he would have gone through the Senate also but since the script was written on his behalf and he failed to vet it what do you expect

bkool7:


Op.
Are you a Constitution or Human Rights lawyer?

Because one (SAN) Human Rights lawyer had earlier stated otherwise

idealogical:



They don't have to, but I'm 100% sure they did.

Is there any stipulation in the constitution that says the FG must-seek approval from the NASS or any other arm of government? The president acted based on the Nigerian constitution that wasn't written or decreed in any military era, it's a civilian constitution so stop mixing things up to confuse yourself and the people reading your posts.

Stop making things up, deal with what's in the Nigerian constitution.

funmike83:
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

idealogical:



Based on his own thoughts and personal opinion, not based on the Nigerian constitution.

koffsman:
I stand to be corrected but you saying am confusing myself let me quote a San

“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.”

So next time be very mindful of what you say to others have a good day.

funmike83:
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

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 Sanwoolu, Lagos had a "slow down" not a lock down.

idealogical:


Instead of quoting lawyers expressing their own personal opinion that's not based on the constitution, show us the part of the constitution the president violated because the last time I checked and according to what the OP posted, the constitution is OK with the president's actions.

Oracle23:


Did u go to school @all?

Wetin concern Nigeria with 1929 law? Was there a country called nigeria in 1929?

Oga be guided

manontree:
I do not have a problem with the legality or otherwise of a curfew. And yes, that's what this is, a curfew. It is essentially not a lockdown or forced quarantine but a curfew. The problem with curfew tests with its enforcement. It means our law enforcement agents would have a field day deciding who have breached it or who hasnt

When you escalate such scenarios, there are millions of people that desperately would need help. They may not have enough to survive for 14days. Even rich people amongst us may discover he may need some vital food items after 10 days. Those that would like to go out to buy food and eat, how would the enforcement treat them. Would they find sellers? Would they have enough money to buy vital items

What of those that fall desperately sick within this period. Would they get transportation to seek help. Would anyone come to their aid seeing as there is a curfew?

I do not think we have experienced such a situation before. Personally I would have advocated for a week curfew and thereafter we assess how far it has helped and decide on how to proceed. Most businesses and people have been on hold for upwards of 10 days already and a blanket curfew for another 14 days, even if sensible, would result in a cruel and unusual punishment for a vast number of poor people

We would find that despite the lip service of providing some audio relief materials, most of these poor people would be on their own