stuff46:
We've leant the pandemic law

FFK should come and see

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

brightalo1010:
not only noted go and edit the misleading comment too. This shows how must of us argues without facts.

Oracle23:


So how does a 1929 law have effects in Nigeria in 2020 after we have written our new constitution in 1960 and re-wrote a new one in 1979?

brightalo1010:
not only noted go and edit the misleading comment too. This shows how must of us argues without facts.

Openbusiness:
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

sayso:
Seun thanks for this,people now can talk with facts. That said the governors are under the president in executive power so they the governors should open the state or liase with the president to activate the quarantine act and then provide food/medicine/shelter for the people. Trump can't quarautine NY cos Cuomo the governor is not sure if the federal can contain quarantine act rather people can apply for unemployment grant. Seun thanks, you and your staffers are educating nigerians.

Lordave:
I ask again, the law you and the OP quoted is it enshrined in the 1999 Constitution of The Federal Republic of Nigeria as Amended?

You have been singing the “the constitution, the constitution” all over this thread yet you haven’t proven where the constitution accommodates the Quaratine Act of 1926.

Can’t you just do that and end all this back and forth argument?

Oracle23:


So how does a 1929 law have effects in Nigeria in 2020 after we have written our new constitution in 1960 and re-wrote a new one in 1979?

Legal instruments on disease surveillance in Nigeria: This section provides a brief summary of the identified legal instruments for disease surveillance in the country.

The quarantine act: The Quarantine Act of 1926 remains the active law governing public health in emergencies in Nigeria today


https://www.ncbi.nlm.nih.gov/pmc/articles/PMC6430840/

idealogical:



It doesn't matter when or how many times they rewrite the constitution, whatever they did not repeal or amended automatically goes into the rewrite as the law of the land.


The law is still the law of the land,





I hope you know the meaning of the word TODAY

Oracle23:



Bring links to our constitution, not to united states ncbi...show me newspaper stuffs oga

Oracle23:



Bring links to our constitution, not to united states ncbi...show me newspaper stuffs oga

Quarantine Act, 1926 Provides for and regulates the imposition of
quarantine and to make
other provisions for preventing the introduction
into and spread within
Nigeria, and the transmission from Nigeria,
of dangerous infectious
diseases

https://ncdc.gov.ng/themes/common/docs/protocols/116_1580654680.pdf

senatordave1:

He is over right and correct.if you follow judicial rulimgs or court judgments,you will discover that they refer to laws and judicial precedents even before 1999 and even before 1960.

Ill refer you atiku vs buhari 2019 supra
Uche vs igwe 2012 supra

Gandollaar:
Part of that act also asked to make provision for the welfare of those you lock down or quarantine.

Genuphobia:


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

VULCAN:
I used to think you were a very thorough fellow but this post appears to reveal quite the contrary.

It's obvious you are not a lawyer as your response to a purported breach of federal and state law drew from anecdotes your mum gave you about incidents that may have occurred long before you were born.

Does it mean you don't have a lawyer in your family to enquire about this or don't you have a lawyer friend to call up and ask?

Do laws made in 1929(30yrs before the entity called Nigeria existed) supercede those made in 1999?

A SAN has said that Buhari did not follow due process in shutting down Lagos and the other states and you are refuting it with this bizarre post. So you have no current law to quote to back up your assertion. How sad! You should have waited for Keyamo the political SAN holder to respond to the criticism by the human rights lawyer.

You should delete this post as its suspect. Are you a Buhari worshipper? I ask because they are the ones who specialise in intellectual somersaults to support the disaster that is his govt, Or is it President Abba Kyari's govt? Its difficult to tell where one man ends and the other begins

Oracle23:


So how does a 1929 law have effects in Nigeria in 2020 after we have written our new constitution in 1960 and re-wrote a new one in 1979?

naptu2:



Sources of Nigerian law:

1) The Constitution

2) Acts of the national and state assemblies. (Decrees and edicts of military governments are now considered as acts of the state or national assembly)

3) Received English Law (Common Law, Doctrines of Equity, Statutes of General Application/laws made by the colonial government).

4) Judicial Precedent (court judgements).

5) Customary law (including sharia law).

6) Delegated legislation (Administrative agencies' regulations and rulings).

7) Historical, Literary or Formal sources (including latin maxims).

idealogical:






That's from NCDC, including all the laws NCDC functions under.

idealogical:



The 1926 law is still the law of the land and the fact that it was established in 1926 doesn't mean it's still not the law of the land and for it not to be, it must be repealed or amended which is at this very second is yet to be done.


Yes, it's still part of the Nigerian constitution.