The Vice-President, Prof Yemi Osinbajo, has said there is a legal backing for the lockdown order by the President, Major General Muhammadu Buhari (retd.) in the Federal Capital Territory, Lagos and Ogun states.

The lockdown came into effect by 11pm on Monday after Buhari pronounced it in a broadcast to the nation on Sunday.

Osinbajo’s position differs sharply with the views of Nobel laureate, Prof Wole Soyinka, and human rights lawyer, Mr Femi Falana, SAN, who have both described Buhari’s action as illegal.

The VP’s office said on Tuesday that Osinbajo spoke at the Google Hangout programme organised by HACK COVID-19 Call Centre, a private sector initiative supporting Nigeria’s battle against the deadly virus.

The event was held on Monday, but the Senior Special Assistant to the President on Media and Publicity (Office of the Vice-President), Mr Laolu Akande, issued a statement on discussions at the programme in Abuja, on Tuesday.

Incidentally, it was also on Monday that Soyinka and Falana kicked against Buhari’s decision, insisting that it had no basis in law.

Quoting Osinbajo, the Presidency stated, “Regarding the legality of the shutdown announced by the President yesterday (Sunday), I think it is entirely legal. These steps are proactive, very relevant, important and backed by law.

“I am not so sure some of the people who have commented on the issue have come across the Quarantine Act.

“There is a Quarantine Act of 1926. It has been published in all of the Laws of Nigeria; every edition of the Laws of Nigeria, it is there.”

The VP, who is a professor of law, further stated, “What the Act does is that it allows the President to designate any local area, any part of the country, as a place that may be infected or under the threat of a communicable disease, and he can then make regulations of any kind.

“For instance, he can say, people should not go out; no public gatherings, etc. So, it is a regulation that gives the President powers and these powers come from the National Assembly because, of course, it is an act of the National Assembly.”

The VP explained that by virtue of constitutional rules, the 1926 Act was deemed to be an Act of the National Assembly.

“So, the President has extensive powers under the Quarantine Act of 1926. Also, governors have extensive powers under the same Quarantine Act”, he added.

“It is barely a one-page legislation; so, it is not particularly difficult to find the relevant provisions and it is not particularly difficult to read, very straightforward. So, the President has all the powers,” Osinbajo added.

He also recalled the influenza pandemic that claimed millions of lives globally in 1918, forcing many governments to place a ban on public gatherings, movements and pronounced other forms of restrictions.

But, in their views, Soyinka and Falana had rejected Buhari’s lockdown order.

Soyinka had said, “Constitutional lawyers and our elected representatives should kindly step into this and educate us, mere lay minds.

“The worst development I can conceive is to have a situation where rational measures for the containment of the corona pandemic are rejected on account of their questionable genesis. This is a time for unity of purpose, not nitpicking dissensions.

“So, before this becomes a habit, a question: ‘does President Buhari have the powers to close down state borders?’ We want clear answers. We are not in a war emergency.

“Appropriately focused on measures for the saving lives and committed to making sacrifices for the preservation of our communities, we should nonetheless remain alert to any encroachment on constitutionally demarcated powers.

“We need to exercise collective vigilance, and not compromise the future by submitting to interventions that are not backed by law and constitution.”

On his part, Falana stated, “No doubt, the President is empowered to adopt any measures deemed fit to combat the dangerous disease but such measures have to be spelt out in a regulation made pursuant to section 305 of the Constitution or under the Quarantine Act.

“Otherwise the presidential order on restriction of movement in the affected areas cannot be enforced by the police.

“Even though civil rule was restored in the country 21 years ago, the psyche of the political class has not been demilitarised. Hence, decisions taken by rulers are required to be obeyed ‘with immediate effect’ without any legal backing.”

He added that there were precedents that made enforcing the lockdown difficult.

Falana said, “But in Okafor v Governor of Lagos State (2016) LPELR-41066 (CA) the Court of Appeal called on all authorities to appreciate the need to govern the country under the rule of law.”

“Thus, the directive of the governor of Lagos state restricting the movement of citizens and residents during the state’s monthly environmental sanitation exercise was struck down because of its unconstitutionality.

“It was the unanimous view of their Lordships that the arrest of the appellant for flouting the order or directive of the governor was completely illegal; according to Georgewill, J.C.A.”

https://www.nairapark.com/news/1585753131/lockdown-constitutional-osinbajo-replies-soyinka-falana-others

Thank God the duo were once a students of government and they read Nigeria constitution in 1952 who talked about what Buhari is doing right now on lockdown

The lockdown is for our own good. Best decision so far

The Lock Down is very important, let be safe

This lockdown is for our own benefit

Anyone who criticises this lock down wants Nigeria to be wiped out of the surface of the earth.
We don't have the capacity to contain a national spread.