Tag: country

  • Presidential Order Not Enforceable Without Legal Backing! By Femi Falana

    Presidential Order Not Enforceable Without Legal Backing! By Femi Falana

    Presidential Order Not Enforceable Without Legal Backing! By Femi Falana 1

    Presidential Order Not Enforceable Without Legal Backing! By Femi Falana 2


    Following the national broadcast of President Muhammadu Buhari on the COVID-19 pandemic on Sunday, some lawyers have questioned the constitutional validity of the restriction of locomotion of people in Abuja, Lagos and Ogun states. 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. 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 appellant for flouting the order or directive of the governor was completely  illegal. According to Georgewill , J.C.A. 

    “It is my view, that democracy thrives more on obeying and promoting the rule of law rather than the whims and caprices of the leaders against the lead. I find the conduct of the Respondent in not only persecuting the Appellant, yes that is what in my view it amounts to when a free citizen of this great country such as Citizen Faith Okafor, is put through the rigours of criminal process for an offence not prescribed in any written law but merely on the directive of the governor of the Lagos State. An action which if allowed to thrive in a democracy such as ours could confer on such office holders infinite, absolute and autocratic powers contrary to the clear provisions of the constitution of the land, to which both the leaders and the led are subject. I  refuse to allow such autocratic, absolute and infinite powers to fester upon our nascent democracy.”

    Lawyers who are saying that the law should  be completely relegated to the background in combating the coronavirus pandemic reminds me of the dissenting judgment of Lord Atkins in the case of Liversidge v Anderson 1944 UKHL 1. While accusing his learned brethren of being “more executive minded than the executive”,  his Lordship said inter alia:

    “In England, amidst the clash of arms, the laws are not silent. They may be changed, but they speak the same language in war as in peace. It has always been one of the pillars of freedom, one of the principles of liberty for which on recent authority we are now fighting, that the judges are no respecters of persons, and stand between the subject and any attempted encroachments on his liberty by the executive, alert to see that any coercive action is justified in law.”

    However. while the nation’s armed forces should be commended for making their medical facilities available to members of the public in the fight against the highly dangerous virus the plan to dispatch armed soldiers to the streets to enforce the COVID-19 guidelines should be shelved because it is  illegal. For the umpteenth time, I am compelled to draw the attention of the military authorities to the case of Yussuf v Obasanjo (2005) 18 NWLR (Pt ) where Salami JCA (as he then was) held that “It is up to the police to protect our nascent democracy and not the military, otherwise the democracy might be wittingly or unwittingly militarized. This is not what the citizenry bargained for in wrestling power from the military in 1999. Conscious steps should be taken to civilianise the polity and thereby ensure the survival of and sustainance of democracy.”

    In the same vein, in the celebrated case of All Progressive Congress v Peoples Democratic Party (2015) LPELR 24349  Aboki JCA held that the President lacks the power to call on the Armed Forces to restore law and order in any part of the federation without the approval of the National Assembly as provided in sections 217(2) and 218(4) of the constitution as amended. His Lordship reminded the Federal Government of its legal obligation  “to confine the military to their demanding assignments especially in these trying times of insurgencies and encroachment into the country’s territories…”

    Finally, just last week the satanic Boko Haram force was reported to have massacred 47 Nigerian troops and 92  Chadian soldiers in two separate attacks. In view of such enormous challenge our patriotic armed forces should concentrate efforts on the counter insurgency operations being carried out in the north east region while  the police and allied security agencies are allowed to enforce the COVID-19 regulations and guidelines.

    Opinion

    AddThis

    : 

    Original Author

    : 

    Femi Falana

    Disable advertisements

    : 
    Presidential Order Not Enforceable Without Legal Backing! By Femi Falana
    Read More
    http://saharareporters.com/2020/03/30/presidential-order-not-enforceable-without-legal-backing-femi-falana

    Views: 0

  • MRA Condemns Attacks On Journalists Covering COVID-19 Cases

    MRA Condemns Attacks On Journalists Covering COVID-19 Cases

    MRA Condemns Attacks On Journalists Covering COVID-19 Cases 3

    MRA Condemns Attacks On Journalists Covering COVID-19 Cases 4


     

    Media Rights Agenda on Monday condemned the increasing cases of attacks by law enforcement and security agencies on journalists covering the Coronavirus pandemic and other issues in the country. 

    The group called on government to ensure respect for the fundamental rights of journalists and the media.

    In a statement, MRA’s Programme Director, Mr Ayode Longe, said, “We are constrained to remind the Federal Government that it has obligations under various international instruments which it has voluntarily acceded to, particularly Article 66(c) of the Revised ECOWAS Treaty, to ensure respect for the rights of journalists. 

    “We are gravely concerned by the rampant cases of attacks by law enforcement and security agents on journalists carrying out their professional duties as well as the obstruction of such duties. This situation is unacceptable and will no longer be tolerated.”

    Journalism

    PUBLIC HEALTH

    News

    AddThis

    : 

    Original Author

    : 

    Saharareporters, New York

    Disable advertisements

    : 
    MRA Condemns Attacks On Journalists Covering COVID-19 Cases
    Read More
    http://saharareporters.com/2020/03/30/mra-condemns-attacks-journalists-covering-covid-19-cases

    Views: 0

  • Coronavirus: Ogun Government Postpones Commencement Of Lockdown To April 3

    Coronavirus: Ogun Government Postpones Commencement Of Lockdown To April 3

    Coronavirus: Ogun Government Postpones Commencement Of Lockdown To April 3 5

    Coronavirus: Ogun Government Postpones Commencement Of Lockdown To April 3 6


    Ogun State Government has shifted the commencement of the total lockdown of the state to April 3, 2020.

    President Muhammadu Buhari had during his nationwide address on the outbreak of Coronavirus in the country on Sunday ordered the lockdown of the FCT, Lagos and Ogun states.

    According to the President, the lockdown is to start at 11pm of today (Monday).

    However, Governor Dapo Abiodun of Ogun has said that the lockdown had been shifted to April 3 to enable the state prepare for the period.

    He said this while declaring open the Ogun State COVID-19 Isolation and Response Centre open for use.

    The governor stated that international borders and inter-state movement would be closed down from 11pm of Monday.

    He said, “After consultation with the Presidency, the inter-state and international borders would be closed by 11pm on Monday night.

    “However, the total lockdown of the state would be effective from 11pm, Friday, 3rd of April 2020.

    “I have been in consultation with the Presidency and I’ve requested that they graciously allow us in Ogun State to prepare for this lockdown in terms of ensuring that we have enough food banks across the three senatorial districts so that when eventually there is a lockdown, our people will have enough food supply and they graciously accepted.”

    Governor Abiodun revealed that the lockdown would constantly be reviewed, adding that people were free to move around only in their neighbourhoods to get essential items.

    “These decisions would be kept under constant review, we may lapse them if the evidence makes it compelling.

    “The decisions are without prejudice to the need of people to reasonably move within their neighbourhood to buy essentials such as food and drugs,” Governor Abiodun said.

    He appealed to the people to abide by the government’s order and advisory provided by the Ministry of Health on respiratory hygiene and social distancing.

    Ogun State has recorded three confirmed cases of Coronavirus.

    PUBLIC HEALTH

    News

    AddThis

    : 

    Original Author

    : 

    Saharareporters, New York

    Disable advertisements

    : 
    Coronavirus: Ogun Government Postpones Commencement Of Lockdown To April 3
    Read More
    http://saharareporters.com/2020/03/30/coronavirus-ogun-government-postpones-commencement-lockdown-april-3

    Views: 0

  • Coronavirus: Abuja Residents Flood Markets, ATMs Ahead Of Lockdown In City, Lagos, Ogun

    Coronavirus: Abuja Residents Flood Markets, ATMs Ahead Of Lockdown In City, Lagos, Ogun

    Coronavirus: Abuja Residents Flood Markets, ATMs Ahead Of Lockdown In City, Lagos, Ogun 7

    Coronavirus: Abuja Residents Flood Markets, ATMs Ahead Of Lockdown In City, Lagos, Ogun 8

    Coronavirus: Abuja Residents Flood Markets, ATMs Ahead Of Lockdown In City, Lagos, Ogun 9

    Coronavirus: Abuja Residents Flood Markets, ATMs Ahead Of Lockdown In City, Lagos, Ogun 10

    Coronavirus: Abuja Residents Flood Markets, ATMs Ahead Of Lockdown In City, Lagos, Ogun 11


     

    Residents of Abuja on Monday thronged banking halls, shopping malls and supermarkets to make last-minute cash withdrawals and purchases of basic food items and toiletries ahead of a lockdown in the city.

    President Muhammadu Buhari had on Sunday ordered a total lockdown of activities in Lagos, Ogun and Federal Capital Territory for two weeks as part of measures to stem the spread of Coronavirus pandemic in the country.

    As early as 7:00am, residents of Abuja had besieged premises of various banks to make cash withdrawals that would last them for the duration of the restriction. 

    Coronavirus: Abuja Residents Flood Markets, ATMs Ahead Of Lockdown In City, Lagos, Ogun 12


    Customers were seen at a branch of First Bank located in Kubwa struggling to gain access into the banking hall. 

    The situation was the same at the Automated Teller Machine point of many banks where dozens of persons gathered to collect cash.

    Many business owners took advantage of the situation to make extra profit by inflating prices of basic items including foodstuffs following the surge in customers at most markets in Abuja. 

    Coronavirus: Abuja Residents Flood Markets, ATMs Ahead Of Lockdown In City, Lagos, Ogun 13


    Also, filling stations were not left out in the rush as many people were seen trying to buy petrol for domestic use. 

    Coronavirus: Abuja Residents Flood Markets, ATMs Ahead Of Lockdown In City, Lagos, Ogun 14


    Residents expressed mixed reactions on the lockdown order, describing it as a pain and sacrifice citizens had to make to help stop the spread of the virus.

    PUBLIC HEALTH

    News

    AddThis

    : 

    Original Author

    : 

    SaharaReporters, New York

    Disable advertisements

    : 
    Coronavirus: Abuja Residents Flood Markets, ATMs Ahead Of Lockdown In City, Lagos, Ogun
    Read More
    http://saharareporters.com/2020/03/30/coronavirus-abuja-residents-flood-markets-atms-ahead-lockdown-city-lagos-ogun

    Views: 0

  • Nigeria Records Second Coronavirus Death

    Nigeria Records Second Coronavirus Death

    Nigeria Records Second Coronavirus Death 15

    Nigeria Records Second Coronavirus Death 16


     

    A second person in Nigeria has died from Coronavirus, SaharaReporters can confirm.

    The victim is said to have died at Gwagwalada Specialist Hospital around 9:00pm on Sunday.

    Minister of Health, Osagie Ehanire, confirmed the incident on Monday.

    Ehanire said the victim, whose identity was not disclosed, had serious underlying health issues.

    He said, “Majority of them are persons who came from overseas and the others have been traced as close contacts of such returnees.

    “The high number of imported cases in Lagos and Abuja is directly due to their function as the country gateway for air travels.

    “Till date, three persons have been discharged after successful treatments but sadly, another fatality was recorded over the weekend in the person of a patient who had severe underlying illnesses.”

    The latest incident comes one week after a former Managing Director of Petroleum Products Marketing Company, Suleiman Achimugu, died of the virus.

     

    PUBLIC HEALTH

    News

    AddThis

    : 

    Original Author

    : 

    SaharaReporters, New York

    Disable advertisements

    : 
    Nigeria Records Second Coronavirus Death
    Read More
    http://saharareporters.com/2020/03/30/nigeria-records-second-coronavirus-death

    Views: 0

  • Work together, practise social discipline to curb Covid-19: Health DG

    Work together, practise social discipline to curb Covid-19: Health DG

    Work together, practise social discipline to curb Covid-19: Health DG 17

    PUTRAJAYA: Malaysians must work together and practise social discipline in order to flatten the Covid-19 infection curve, said Health director-general Datuk Dr Noor Hisham Abdullah.

    He said that in the past two weeks Malaysia had recorded around 150 to 200 positive Covid-19 cases daily and the Ministry of Health (MOH) had been monitoring the trend closely to ensure there is no exponential spike.

    “Now we have completed two weeks, so another two weeks to go. It is up to us and if all of us come together and we practise and embrace (the advice) that you stay at home, and we, MOH, will continue our public health activity like active case detection, increase testing, finding targeted groups and isolate them early, then we can actually break the chain of Covid-19 transmission in this country.

    “So the next two weeks is all up to you and me; if we can all have a social discipline, I am sure that we can actually flatten the curve to avoid the exponential spike. If not, we may see a surge in Covid-19 positive cases in mid-April like (that) predicted by JP Morgan and the Malaysian Institute of Economic Research,“ he said at a press conference on Covid-19, here today.

    Dr Noor Hisham said that thanks to MOH’s active case detection, Malaysia had not recorded any exponential spike like 900 to 1,000 cases in one day.

    “That means we continue to go to the community identified as a high-risk group through targeted approach and then test them. There will be some cases that will be detected as positive; our detection of positives is about 8%,“ he said.

    Dr Noor Hisham also urged all Malaysians returning from overseas to home-quarantine for 14 days.

    “We fear that the second wave is all imported cases. Malaysians coming back from overseas, that is the group that we are worried about as we fear they may bring back the Covid-19.

    “Although they are negative, we still have to quarantine them for 14 days. Those positive we isolate them in our hospitals,“ he said.

    He said MOH was aware that some Malaysians who returned from overseas broke the home quarantine rule.

    When asked about the possibility of the MCO being extended until Ramadan, he said it was too early to make any conclusions now.

    “We will only know after the first week of April. If we continue to flatten the curve or there is no exponential increase, then I think we can safely make a decision.

    “In terms of the Ramadan bazaars, they need to follow MOH standard operating procedure or guideline and have to take all precautionary measures to break the Covid-19 infection chain,” he added.

    Asked on calls for the imposition of Enhanced Movement Control Order (EMCO) in red zones, he said this would be done if there is a rapid increase in positive cases in these areas.

    The government enforced the EMCO in the area from Batu 21 to Batu 24 Sungai Lui, Hulu Langat, Selangor, yesterday, the second area to be placed under such restrictions after Simpang Renggam, Johor where Kampung Dato’ Ibrahim Majid and Bandar Baharu Dato’ Ibrahim Majid were subjected to similar curbs for 14 days beginning Friday. – Bernama

    Work together, practise social discipline to curb Covid-19: Health DG
    Read More
    https://www.thesundaily.my/local/work-together-practise-social-discipline-to-curb-covid-19-health-dg-HN2197191

    Views: 0

  • Hishammuddin thanks UAE government for medical equipment contribution

    Hishammuddin thanks UAE government for medical equipment contribution

    Hishammuddin thanks UAE government for medical equipment contribution 18

    KUALA LUMPUR: Foreign Minister Datuk Seri Hishammuddin Tun Hussein (pix) thanked the United Arab Emirates (UAE) for their contribution of medical equipment to Malaysia today.

    In his official Facebook page, Hishammuddin said the equipment would be handed over to the National Disaster Management Agency (Nadma) to be distributed to parties in need, particularly frontliners.

    “I am also grateful because following my telephone conversation with UAE Foreign Minister, Sheikh Abdullah bin Zayed Al-Nahyan recently, apart from the medical equipment that we have received today, UAE and Malaysia are also collaborating closely in the sharing of information, expertise and strategies to fight Covid-19.

    “The sharing of information includes video conferences, conducted daily, involving the Wisma Putera Covid-19 task force with UAE government leaders,” he said, hoping that the cooperation would help both countries in managing the crisis as well as possible.

    As of noon, a total of 156 Covid-19 positive cases were reported, raising the tally to 2,626 cases in the country with 37 deaths. – Bernama

    Hishammuddin thanks UAE government for medical equipment contribution
    Read More
    https://www.thesundaily.my/local/hishammuddin-thanks-uae-government-for-medical-equipment-contribution-BN2197146

    Views: 0

  • 156 new Covid-19 cases as of noon today, tally now 2,626: Health DG (Updated)

    156 new Covid-19 cases as of noon today, tally now 2,626: Health DG (Updated)

    156 new Covid-19 cases as of noon today, tally now 2,626: Health DG (Updated) 19

    PETALING JAYA: There were 156 new Covid-19 cases, with three deaths recorded at noon today, which brings the total number of infected and deceased cases to 2,626 and 37, respectively.

    “To date, (out of the 2,626 new cases), 94 are being treated in intensive care and of these, 62 cases require breathing assistance,” Health director-general Datuk Dr Noor Hisham Abdullah said in a statement.

    He also noted that the country saw a record number of 91 patients having recovered and discharged in one day. This brings the number of those who have recovered to 479.

    There was no drastic increase of Covid-19 cases here so far.

    He explained that recording 150 to 200 cases a day is considered stable and attributes the number to active case inspections according to the ministry.

    “We have been observing cases closely and have compared the figures to other countries, to which we can say there has been no significant increase so far.”

    “What we fear is a sudden surge of between 900 to 1,000 cases in a day,“ he said.

    Hisham also shared that the Health Ministry has managed to increase the number of hospitals providing Covid-19 screening services across the nation, from 57 to 70 hospitals.

    The number of hospitals equipped to treat Covid-19 cases has also been increased from 26 to 38, thanks to cooperation from the Malaysian Armed Forces and the University of Malaya University Medical Center.

    “Seven of these hospitals are specialised in treating Covid-19 patients,” he said.

    Of the three fatalities, the 35th victim was a 57-year-old woman with a history of diabetes who had travelled to Indonesia. She was treated at the Sungai Buloh Hospital.

    Case 36 was a 47-year-old Malaysian, treated at the Sarawak General Hospital on March 23.

    Case 37 was A 46-year-old female. She had a history of high blood pressure and an autoimmune disease. She was hospitalised at the Miri Hospital in Sarawak.

    156 new Covid-19 cases as of noon today, tally now 2,626: Health DG (Updated)
    Read More
    https://www.thesundaily.my/local/156-new-covid-19-cases-as-of-noon-today-tally-now-2626-health-dg-updated-IM2196309

    Views: 0

  • BREAKING: Coronavirus Cases In Nigeria Hit 111

    BREAKING: Coronavirus Cases In Nigeria Hit 111

    BREAKING: Coronavirus Cases In Nigeria Hit 111 20

    BREAKING: Coronavirus Cases In Nigeria Hit 111 21


    Fourteen new cases of Coronavirus have been recorded in Nigeria.

    This brings the total cases in the country to 111.

    In an update by the Nigerian Center for Disease Control on Sunday night, nine cases were confirmed in Lagos with five in the Federal Capital Territory.

    “Fourteen new cases of #COVID19 have been reported in Nigeria; nine in Lagos and five in FCT. 

    “As at 09:30pm, March 29, there are 111 confirmed cases of #COVID19 reported in Nigeria with one death.”

    PUBLIC HEALTH

    Breaking News

    News

    AddThis

    : 

    Original Author

    : 

    SaharaReporters, New York

    Disable advertisements

    : 
    BREAKING: Coronavirus Cases In Nigeria Hit 111
    Read More
    http://saharareporters.com/2020/03/29/breaking-coronavirus-cases-nigeria-hit-111

    Views: 0

  • UPDATE: Buhari Orders 14-day Lockdown In Lagos, Ogun and FCT Over Coronavirus Outbreak

    UPDATE: Buhari Orders 14-day Lockdown In Lagos, Ogun and FCT Over Coronavirus Outbreak

    UPDATE: Buhari Orders 14-day Lockdown In Lagos, Ogun and FCT Over Coronavirus Outbreak 22

    UPDATE: Buhari Orders 14-day Lockdown In Lagos, Ogun and FCT Over Coronavirus Outbreak 23


    President Muhammadu Buhari on Sunday during a nationwide broadcast ordered the restriction of movement in Lagos, Ogun and Federal Capital Territory, Abuja, following the outbreak and continued spread of Coronavirus in the country. 

    The restriction is expected to last for two weeks in the first instance to enable the Federal Ministry of Health, Nigerian Centre for Disease Control and other stakeholders rally all available resources to control the spread of the disease. 

    Buhari urged citizens in these areas to stay in their homes in order to reduce the risk of contracting the virus. 

    He equally advised that inter-state travels should be postponed. 

    According to the President, the containment period will be used to identify, trace and isolate all individuals that had come in contact with confirmed cases, including ensuring the treatment of confirmed cases while restricting further spread to other states.

    He said, “Based on the advice of the Federal Ministry of Health and NCDC, I am directing the cessation of all movements in Lagos and FCT for an initial period of 14 days with effect from 11pm on Monday, March 30, 2020. 
    “This restriction will also apply to Ogun State due to its close proximity to Lagos and the high traffic between the two states.”

    Nigeria currently has 97 confirmed cases of Coronavirus and one recorded death. 
     

    PUBLIC HEALTH

    News

    AddThis

    : 

    Original Author

    : 

    SaharaReporters, New York

    Disable advertisements

    : 
    UPDATE: Buhari Orders 14-day Lockdown In Lagos, Ogun and FCT Over Coronavirus Outbreak
    Read More
    http://saharareporters.com/2020/03/29/update-buhari-orders-14-day-lockdown-lagos-ogun-and-fct-over-coronavirus-outbreak

    Views: 0