₦airaland Forum

Officialgarri:
Now, I'm seriously beginning to doubt the authenticity of the test results carried out by these health officials.

I think people might just share a similar fever symptom and then they just conclude it's corona.

Apart from the apparent fact that NCDC only checks wealthy people, Someone should also explain to me how it's only state governors that are usually infected.
What about the swarm of people that visits them hourly?
What about their families, aides, cleaners, cooks, security details?

My submission is that it's either this corona thing have been politicized to scare and alert people of the seriousness of this virus.

Or

The tests are wrongly carried out!

www.nairaland.com/attachments/11244213_849cc6e17a974c80916b8d8a8434e819_jpeg_jpeg3dffd387c08bd3ca3f3e52be6c2eec25



www.nairaland.com/attachments/11245589_etqbr5sxyailpb2_jpeg_jpeg9588b6c3482982d553217743839c3cb2

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/

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?

We want clear answers. We are not in a war emergency.

Cotton:
Oga, you go school so? Somebody has taken pains to show you the constitution and the powers available and you are still typing shit. Just reread what you typed? How can Nigeria progress with youths spouting this crap?

ccollins:
you haven't made a relevant rejoinder here,my unassailable fortiori still remains that with conceding to the fact that the judiciary interprets laws.it is a flurry of expose to note that the powers of the judiciary is unlimited in affairs in our democratic corpus juris whether the proprietary or impropriety of the executive/presidency actions is unambiguous. Look at section 6 (6) of the 1999 constition. The court still has the inherent, innate powers to determine the validity or necessary steps a government can make even before the presidency can make that step in relation to sacrosanct issues on human rights. I place reliance on this proviso of s.6 (b) of the 1999 Constitution
6) The judicial powers vested in accordance with the foregoing provisions of this section-

(a) shall extend, notwithstanding anything to the contrary in this Constitution, to all inherent powers and sanctions of a court of law;

(b) shall extend to all matters between persons. or between government or authority and to any person in Nigeria, and to all actions and proceedings relating thereto, for the detennination of any question as to the civil rights and obligations of that person
Nigeria is a member states of the African union who adopted a grundnorm of African charter on human rights which is binding, vivid, incontrovertible and rooted like the rock of gilbatrar in Nigeria. You can like a military dictator oust the valid jurisdiction of the court compass to determine if your order is legal or illegal.that's ouster clauses which is not justifiable in a democratic setting.I say this with respect even to our laws I.e quarantine act of 1920 and public health safety act.it is hornbook law that where a law contradicts the en fons origo that is to say our constitution. That law shall be invalid to the extent of its contradiction

Falana said that declaration of a state of emergency would provide the basis for prosecution of anyone flouting the regulations.

“It is common knowledge that leaders of many countries have since invoked the provisions of relevant statutes to declare a state of emergency before imposing restriction on the locomotion of people and lockdown of towns.

“Having confirmed that the presidency is on lockdown, we are compelled to call on state governors to apply the Quarantine Act, which provides for and regulates 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.

“In particular, state governors are urged to invoke Section 8 of the Act which empowers them to make such declarations and issue necessary regulations to combat any infectious disease such as COVID-19,” he said.

According to Falana, once the declaration is made, the police can prosecute anyone who violates any regulation on the basis of the Quarantine Act.

“Furthermore, the attention of members of the public should be drawn to the stringent penalties prescribed by the Criminal Code and Penal Code for offences endangering life or health including reckless or negligent acts causing harm to people,” he said.

https://www.pulse.ng/news/local/coronavirus-falana-urges-fg-to-enforce-quarantine-act/jmzxh9h

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?

Lordave:
Is that act/law enshrined in the 1999 constitution of the federal republic of Nigeria?

koffsman:
Agreed but I see you have a way with words I told you I stand to be corrected so I expected you to be knowledgeable enough not to use polite insult on someone who told you such words nobody is confusing and misleading anyone why don't you go ahead and Tackle the SAN at least he was giving that title because he knows his job well I read the article and read his and I picked my opinion out of it how is that a crime kindly don't use polite Insult on me because I openly apologized to you that if I have used any form of insultive words that I was sorry so why still use such words pls stop it

koffsman:
Bro don't be an asshole in my comment to you I stated that I stand to be corrected which simply means I can make mistakes and we can correct each not u acting me as if u were sent by Buhari take your stupidity away from me and get yourself a life it's Monday

koffsman:
All I told the OP was this the act he stated was 1920 and as at then we were ruled by the westerns and he agreed that the law is still been amended and the Senate is yet to pass it as at when this acts came into play I was yet to be born but we all read in the history that westerns were the one ruling us. Now the Bill needs to be passed so as for the president to have the full power to place lock down in any state is all am saying and if I have insulted you in any am not ashamed to say am sorry am not the violent type so kindly accept my apology and if am wrong again I stand to be corrected this is a forum to learn and be well educated not to insult each other because I feel we are all matured minds

FancyDaddy:
From your word, "First alive..."
Ask yourself, do people stay alive with empty stomack? People work daily to put food on the table so they can survive, 'stay alive' right. Apply Common Sense.

FancyDaddy:
Hunger is the main epidemic disaster of Africa. Go CNN the only picture representing Africa depict hunger. Nigeria has not overcome the endemics. And death of citizens caused by hunger in Nigeria history is alarming.

If you value human life. You will know that their life need to be nutured.

The virus is active on Senior citizens above 60 years old. While young people body methabolism is more active to produce more antigens and build more immune system against the virus.

With good nutrition not hunger the body can fight against COVID-19.

You view is not important because it is selfish. Better understanding is achieved when you can feel and see the pain of citizens and who are daily earners. You can understand better.

FancyDaddy:
This post is not making sense! You are toying with Citizens life and rights. The Senior Advocate of Nigeria that wrote earlier post is well experienced than this newbie who wrote this post. Focus of any directive should be on life saving and sustainance. If people stay home without what to eat, they die, then death toll caused by hunger will eventually exceed the death caused by COVID-19.
Why is their Presidency hoarding money and let the people go hunger. Oh ! Maybe he already want starvation to kill many so he use the medium and an opportunity to make them get stranded at home and die.

Then The Presidency wish the people die a systemic death by hunger.

Focus on best Solution not just write Tor the sale of writing. This is senseless write-up.

upper:
The OP has conveniently cited part of the Quarantine act that suited his narrative. The act clearly stated that it is for infected people and not everybody. Constitution is also very clear on when restriction of movement and association of people applies. Don't justify illegality otherwise, one day it come back to bite in the a**

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]

FancyDaddy:
It is obvious that you don't understand due process on this case. If PMB will lock down a state, he will first dialogue with people involved (the State in question). Each State have the person representing them in "Village Square" i.e National Assembly. Buhari is not the owner of all humans in the state. He is just to represent the interest of Nigerian. If the interest of Nigerian is to get certain welfare for the those who might die from hunger under lock down. Then as a citizen, he merit a welfare package to enable him stay at home. Common Sense*
The State representative will table the people's need. Then work with them to make progress. You can't just wake up and lock down a State haphazardly. Are you mad!?
People supporting a President has the right for recklessness are dizzy thinkers.

36. The Governors of Lagos and Ogun States as well as the Minister of the FCT have been notified. Furthermore, heads of security and intelligence agencies have also been briefed.

koffsman:
Actually I see u are here to act stupid why don't you take your frustration somewhere else

Legal Authorities for Isolation and Quarantine

Federal isolation and quarantine are authorized for these communicable diseases

Federal isolation and quarantine are authorized by Executive Order of the President. The President can revise this list by Executive Order.

Isolation and Quarantine

Isolation and quarantine help protect the public by preventing exposure to people who have or may have a contagious disease.

Federal Law

The federal government derives its authority for isolation and quarantine from the Commerce Clause of the U.S. Constitution.

Under section 361 of the Public Health Service Act (42 U.S. Code § 264), the U.S. Secretary of Health and Human Services is authorized to take measures to prevent the entry and spread of communicable diseases from foreign countries into the United States and between states.

https://www.cdc.gov/quarantine/aboutlawsregulationsquarantineisolation.html

Federal isolation and quarantine are authorized by Executive Order of the President. The President can revise this list by Executive Order.

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

koffsman:
Can you also tell me the law and acts the president used in his speech to make such decisions on the states behalf we are all here to learn instead of you to chip in opinion on why you feel he has the right to do what he did you are here criticising what I wrote even the Op we had a good chat and we both came to a mature conclusion which is way better than what you dragging with me. Bros state you own opinion

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.

bkool7:
Op.
Are you a Constitution or Human Rights lawyer?

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

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

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

Erediauwa:
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.

9jakool:
The UK NHS has 5,900 ventilators for its 67 million inhabitants and they are struggling to cope while Nigeria has less than 500 ventilators for 200 million people.

EvilPOTATO:
See what it has come down to?

Please stay at home. That's the best option