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MCO violations: 115 charged in several states, 24 sentenced to community service

KUALA LUMPUR: A complete of 115 folks had been charged in several states in the present day for violating the Movement Control Order (MCO), and aside from administering the customary sentence of imprisonment or a wonderful, one court docket in the present day ordered 24 males to carry out community service.

This different punishment was meted out by the George Town Magistrates Court in PENANG, to the lads aged between 25 and 48, who performed soccer in a discipline in the grounds of the College General, a Catholic seminary right here on March 31 at 5.30pm, in contravention of the continuing MCO imposed by the federal government to include Covid-19.

In accordance with the provisions of the Offenders Compulsory Attendance Act 1954, all 24 who pleaded responsible, are required to report to the Prisons Department which is able to decide the kind of community service to be carried out for 3 hours a day over a three-month interval.

In KUALA LUMPUR, a complete of 22 people had been introduced earlier than Justice of the Peace’s courts throughout the town. They included Pakistani nationwide Mahmood Husaain, 40, who was fined RM2,500, with a three-month jail time period in default, for elevating his voice in direction of cops at a roadblock and for not cooperating with them.

Seven different people aged between 20 and 28, together with a feminine Kyrgyzstan citizen, had been fined between RM500 and RM1,000, with a two-month jail time period in default, for offences corresponding to loitering in a playground and jogging across the metropolis, between March 27 and April 1. Two Indonesian contract staff had been fined for gathering at a spot in Taman Mulia Jaya, Ampang and not using a legitimate purpose.

In NEGRI SEMBILAN, 14 people had been charged. These included 4 under-aged youngsters who had been accused of enjoying soccer with six others, on the Jalan Anggerik soccer discipline in Taman Marida, Senawang on March 29 at 6 pm. Sentencing for the youngsters shall be undertaken after the court docket receives related social reviews on the 4.

In PERAK, 38 people had been charged and these included 12 overseas nationals aged between 17 and 47 years who had been every fined RM1,000 by the Ipoh High Court. At the Kampar Justice of the Peace’s court docket, 12 people had been fined between RM1,000 and RM5,000, and sentenced to jail for between two and 7 months. Two of the offenders had been charged with obstructing a civil servant in the course of conducting his responsibility, and for refusing to furnish id playing cards when questioned by the police.

In MALACCA, 17 males together with 12 foreigners had been fined between RM300 and RM1,000, with two weeks to two months in jail in default, for transferring from one location to one other with out legitimate causes. The foreigners included residents of Pakistan, Nepal, Bangladesh and Myanmar.

In GURUN, six males aged between 23 and 42 years had been fined RM1,000 by the Magistrates Court right here for violating the MCO between March 28 and 30.

One of the lads, aged 23, was additionally charged with an offence below part 12 of the Dangerous Drugs Act 1952 however he was allowed bail of RM4,000, with case point out set for June 18. — Bernama

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April 2, 2020
Legal Issues Arising From Management Of Covid-19 Patients By Ahmed Adetola-Kazeem

A lot of legal issues are bound to arise as an aftermath of the outbreak of Coronavirus otherwise referred to as COVID-19. There is therefore a need to shed light on some of the issues that may arise and how to navigate them. This article will x-ray the rights of patients, the rights of health workers and the basic minimum obligations of the government.

The Code of Medical Ethics in Nigeria 2008 lists acts that constitute professional negligence. Rule 29.4 of the Code outlines some of these acts as follows:-

a)      Failure to attend promptly to a patient requiring urgent attention when the practitioner was in a position to do so;

b)     Manifesting incompetence in the assessment of a patient;

c)      Making an incorrect diagnosis particularly when the clinical features were so glaring that no reasonable skillful practitioner could have failed to notice them;

d)     Failure to advise, or proffering wrong advice to a patient on the risk involved in a particular operation or course of treatment, especially if such an operation or course of treatment is likely to result in serious side effects like deformity or loss of organ, or function;

e)      Failure to obtain the informed consent of the patient before proceeding on any surgical procedure or course of treatment when such consent was necessary;

f)       Making a mistake in treatment e.g. amputation of the wrong limb, carelessness that results in the termination of a pregnancy, prescribing the wrong drug, or dosage in error for a correctly diagnosed ailment, etc;

g)     Failure to refer, or transfer a patient in good time, when such a referral or transfer was necessary;

h)     Failure to do anything that ought reasonably to have been done under any circumstance for the good of the patient;

i)       Failure to see a patient as often as his medical condition warrants or to make appropriate comments in the case notes of the practitioner’s observations and prescribed treatment during such visits. It also includes failure to communicate with the patient or with his relatives as may be necessary with regards to any developments, progress or prognosis in the patient’s condition.

Rule 11.2 of the 2008 Code of Medical Ethics in Nigeria provides that, “A physician shall preserve absolute confidentiality on all he knows about his patient even after the patient has died.”

             Rule 44 of the Code of Medical Ethics has extensive provisions on Confidentiality and when disclosure of information can be made. The Rule provides in part that:

“Disclosure of information on the patient by the doctor can only be made following an informed consent of the patient in writing. It is clear that the ethic covers even such information as induced abortion, venereal disease, attempted suicide, concealed birth and drug dependence but would exclude situations in which a discretionary breach of confidentiality is necessary to protect the patient or the community from danger and this must be made clear to the patient at the time of the confidential disclosure. Where statutory notification of disease is involved, the consent of the patient is not required.”

            Confidentiality: To Disclose Identity Of Covid-19 Patients Or Not To Disclose?

COVID-19 is an infectious disease caused by a newly discovered coronavirus. Most people infected with the COVID-19 will experience mild to moderate respiratory illness and recover without requiring special treatment. Older people, and those with underlying medical problems like cardiovascular disease, diabetes, chronic respiratory disease, and cancer are more likely to develop serious illness.[1]

The Federal Ministry of Health confirmed the first case of COVID-19 in Nigeria on the 27th of February 2020. It is the case of an Italian citizen who works in Nigeria and returned from Milan, Italy to Lagos, Nigeria on the 25th of February 2020. In reaction to the report, the social was divided between those who want the name of the Italian disclosed and those that preferred it remains confidential. The outcry was even more when the Chief of Staff to the President tested positive according to reports from various media houses[2], but the Minister of Health decided to keep mute on the identity of the President’s aide who contacted the virus, citing confidentiality.

It will ordinarily be wrong to disclose the medical status of someone infected with COVID-19, for instancethe case of the Italian who was the index case. However in view of the proviso to Rule 44 of the Code of Medical Ethics 2008 which provides that a discretionary breach of confidentiality is necessary in order to protect the community from danger, I am of the view that the test results of popular figures who hold strategic offices like the Chief of Staff to the President or a Governor must be disclosed to guaranty public safety. This is necessary in view of the countless number of people from all works of life they come in contact with on a daily basis. It will be correct to have made their status public in the overriding interest of the public, since it will enable those who have come in contact with them isolate, just like we have seen in the cases of the British Prime Minister, the Bauchi State Govenor, Prince Charles, the First Lady of Canada and many more. We must commend those who announced their status in public themselves-it is the best thing to do in the interest of humanity

The World Health Organization (WHO) provides additional guidelines for the management of coronavirus patients specifically.[3]

Health workers should:

•follow established occupational safety and health procedures, avoid exposing others to health and safety risks and participate in employer-provided occupational safety and health training;

•use provided protocols to assess, triage and treat patients;

•treat patients with respect, compassion and dignity;

•maintain patient confidentiality;

•swiftly follow established public health reporting procedures of suspect and confirmed cases;

•provide or reinforce accurate infection prevention and control and public health information, including to concerned people who have neither symptoms nor risk;

•put on, use, take off and dispose of personal protective equipment properly;

•self-monitor for signs of illness and self-isolate or report illness to managers, if it occurs;

•advise management if they are experiencing signs of undue stress or mental health challenges that require support interventions; and

•report to their immediate supervisor any situation which they have reasonable justification to believe presents an imminent and serious danger to life or health.

Doctors and health workers in Nigeria must endeavor to digest the guidelines in the Code of Medical Ethics as well as the WHO Guidelines for management of Coronavirus victims and ensure they work strictly by their provisions. A breach of these duties have dire consequences.

Options Available To Covid-19 Patients Who Are Victims Of Medical Negligence

A Coronavirus patient who has suffered medical negligence has a number of options:

1. He could file a complaint with the regulatory body (e.g. the Medical and Dental Council of Nigeria, in the cases involving a Doctor). The Doctor will in the first instance be investigated by the Medical and Dental Practitioners Investigation Panel, after which he will be tried by the Medical and Dental Practitioners Disciplinary Tribunal. If found culpable, the Doctor may be warned, suspended from practicing for a period not exceeding 6 months or in very serious cases, have his name can be removed from the Register of Medical Practitioners. The Medical and Dental Practitioners’ Disciplinary Tribunal does not award monetary damages.

2. A suit can be filed against the Medical Doctor, the Hospital, Agency or Government in the High Court for Medical Negligence and monetary damages will be awarded if the Defendant(s) are found culpable.

      3. If there is an element of Crime, a report could be made to the Police who would conduct Criminal Investigation and where the investigation reveals gross negligence, recklessness or wanton disregard for life of the victim, the police can prosecute or forward the case file to the office of the Attorney General of the State for possible prosecution in deserving cases.

A Need To Do More For Doctors And Other Professionals In The Health Sector

Health workers are at the front line of any outbreak response and as such are exposed to hazards that put them at risk of infection with an outbreak pathogen (in this case COVID-19). Hazards include pathogen exposure, long working hours, psychological distress, fatigue, occupational burnout, stigma, and physical and psychological violence.

During the outbreak of Ebola more than 500 health care workers died in Guinea, Liberia and Sierra-Leone alone. We also lost some of our finest doctors and health workers to the disease in Nigeria, the most prominent being Dr. Stella Adadevoh, who is credited with having curbed a wider spread of the Ebola virus in Nigeria by placing the index patient, Patrick Sawyer, in quarantine despite pressures from the Liberian government. As we speak, The coronavirus is waging a war of attrition against health care workers throughout the world, but nowhere is it winning more battles at the moment than in Italy and in Spain, where protective equipment and tests have been in severely short supply for weeks. In Spain 13.6% (6500) of those affected with the coronavirus are health workers and in Italy 10% (7400) of those affected with the virus are health workers. [4] In New York dozens of health workers have been affected with the virus, while hundreds are in quarantine.[5] According to reports filtering in as the time of concluding this article, three health workers have been infected with COVID-19 in Abuja, Nigeria.[6]

Human Rights Watch research into health system collapse in Hungary and Venezuela suggests the nations’ mismanaged, underfunded, and understaffed public healthcare system is poorly equipped to handle a COVID-19 outbreak. Patients and medical experts described a lack of basic hygiene protocol, lack of isolation rooms, and a shortage of health professionals, doctors and nurses, and medical supplies in general.

The situation is not too different in Nigeria at the moment and except something drastic is done we might be witnessing a devastating effect of the pandemic. Nigeria’s, public health capacity has been diminished by large scale public sector corruption. Medical personnel lack surgical masks and local supplies have been diverted and shipped to other markets partly due to corruption. Many states are ill-prepared to combat the impeding surge in patients. A senior health worker with a government hospital in Abuja, in an interview with Sahara Reporters, lamented the lack of quality Personal Protective Equipment for them, adding that government must invest in the protection of health workers at the frontline of the battle against the virus. He said, “The unfortunate thing is that the government is not providing us with what to work with. It is sad that our PPE are not up to the world standard and can be penetrated by viruses. Some of us (health workers) have to use our personal funds to purchase gloves as we do not trust the ones government supplied. Nigerians should please remember us in their prayers and government should provide us with what we really need to work.” [7]

There was report that in Bauchi State a Coronavirus patient rejected the isolation centre at the Bauchi Specialist Hospital and went back home while describing it as “too dirty”.[8]

It is disappointing to hear that the hazard allowance for doctors and health workers is N5,000 per month in Nigeria. The amount is very paltry compared to the risks and the attendant emotional and psychological stress suffered by the health-care workers (HWCs) particularly during monumental outbreaks like this. Unfortunately, when a patient is mismanaged, these doctors and health workers bear the burden of paying huge compensation and sometimes losing their jobs. More importantly, the brain-drain in the health sector is monumental, almost all my friends who are doctors, work abroad. Unfortunately, there are concerted efforts by the US Government to engage foreign Doctors to further fortify its health work force as COVID-19 ravages. Many young Nigerian doctors are already considering the offers because the Nigerian government has paid little attention to their welfare and the welfare of the general health workforce. To stop the exodus of our doctors, who are already in short supply, the government must act fast by improving their welfare packages in line with acceptable international standards.

The psychological needs of doctors and health workers are also often ignored. Unsafe working conditions contribute to health worker attrition in many countries due to work-related illness and injury and the resulting fear of health workers of occupational infection, including from HIV and Tuberculosis. The 2006 World Health Report – Working Together for Health reported on a severe health workforce crisis in fifty-seven countries, most of them in Africa and Asia. [9]

Protecting the occupational health of health workers is critical to having an adequate workforce of trained and healthy health personnel. Governments at the Federal and State levels are urged to do more by complying fully with the World Health Organization’s guidelines regarding the Rights of Health Workers while combating COVID-19. Some of the rights are:

·         assume overall responsibility to ensure that all necessary preventive and protective measures are taken to minimize occupational safety and health risks;

·         provide information, instruction and training on occupational safety and health, including; Refresher training on infection prevention and control(IPC); and Use, putting on, taking off and disposal of personal protective equipment(PPE);

·         provide adequate IPC and PPE supplies (masks, gloves, goggles, gowns, hand sanitizer, soap and water, cleaning supplies) in sufficient quantity to healthcare or other staff caring for suspected or confirmed COVID-19 patients, such that workers do not incur expenses for occupational safety and health requirements;

·         not be required to return to a work situation where there is continuing orserious danger to life or health, until the employer has taken any necessary remedial action;

·         allow workers to exercise the right to remove themselves from a work situation that they have reasonable justification to believe presents an imminent and serious danger to their life or health. When a health worker exercises this right, they shall be protected from any undue consequences;

·         honour the right to compensation, rehabilitation and curative services if infected with COVID-19 following exposure in the workplace. This would be considered occupational exposure and resulting illness would be considered an occupational disease,

·         provide access to mental health and counselling resources; and

·         enable co-operation between management and workers and/or their representatives. Etc.

In conclusion, professional care givers for COVID-19 patients should uphold four basic principles formulated by Beauchamp and Childress in their book ‘Principles of Biomedical Ethics’ in order to protect themselves from liability for negligence. The four basic principles are autonomy, beneficence, non-maleficence and justice.

Autonomy: People have the right to control what happens to their bodies. This principle simply means that an informed, competent adult patient can refuse or accept treatments, drugs, and surgeries according to their wishes. People have the right to control what happens to their bodies because they are free and rational. And these decisions must be respected by everyone, even if those decisions aren’t in the best interest of the patient.

Beneficence: All healthcare providers must strive to improve their patient’s health, to do the most good for the patient in every situation. But what is good for one patient may not be good for another, so each situation should be considered individually. And other values that might conflict with beneficence may need to be considered.

Non-maleficence: “First, do no harm” is the bedrock of medical ethics. In every situation, healthcare providers should avoid causing harm to their patients. You should also be aware of the doctrine of double effect, where a treatment intended for good unintentionally causes harm. This doctrine helps you make difficult decisions about whether actions with double effects can be undertaken.

Justice: The fourth principle demands that you should try to be as fair as possible when offering treatments to patients and allocating scarce medical resources. You should be able to justify your actions in every situation. For instance, it will amount to a professional misconduct for a Health-care Worker to remove a poor man from the ventilator because a Senator was rushed in.

Ahmed Adetola-Kazeem is a partner in Adetola-Kazeem Legal Practice and specializes in Medical and Health Law

Email: aadetolakazeem@gmail.com;aadetolakazeem@gaklp.com

[1] https://www.who.int/health-topics/coronavirus#tab=tab_1(Accessed on the 28th of March 2020)

[2] https://businessday.ng/coronavirus/article/abba-kyari-tests-positive-for-coronavirus-buhari-negative/

https://www.channelstv.com/2020/03/24/buharis-chief-of-staff-abba-kyari-reportedly-tests-positive-for-coronavirus/ (Accessed on the 28th of March 2020)

[3] Coronavirus Disease (Covid-19) Outbreak: Rights, Roles and Responsibilities Of Health workers, Including Key Considerations For Occupational Safety And Health”. https://www.who.int/docs/default-source/coronaviruse/who-rights-roles-respon-hw-covid-19.pdf?sfvrsn=bcabd401_0   (Accessed on the 26th of March 2020)

[4] https://abcnews.go.com/Health/wireStory/collapsing-virus-pummels-medics-spain-italy-69789413 (Accessed on 26th March 2020)

[5] https://www.washingtonpost.com/health/covid-19-hits-doctors-nurses-emts-threatening-health-system/2020/03/17/f21147e8-67aa-11ea-b313-df458622c2cc_story.html (Accessed on 28th of March 2020)

[6] http://saharareporters.com/2020/03/28/exclusive-two-nurses-one-doctor-infected-coronavirus-abuja-hospital

[7] Supra

[8] https://www.dailytrust.com.ng/coronavirus-patient-rejects-bauchi-isolation-centre-returns-home.html (Accessed on 28th March 2020)

[9] https://www.who.int/occupational_health/topics/hcworkers/en/(Accessed on 26th March 2020)

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April 2, 2020
Remand proceedings during MCO to be held in police stations

PUTRAJAYA: Remand applications during the Movement Control Order (MCO) period will be held at police stations instead of the courts.

Federal Court chief registrar Ahmad Terrirudin Mohd Salleh, in a letter to Deputy Inspector-General of Police Datuk Mazlan Mansor, said Chief Justice Tan Sri Tengku Maimun Tuan Mat had agreed to Mazlan’s request to conduct the remand proceedings at police stations throughout the country.

The letter, which was sighted by the media, said the court must be given early notice so that the safety of the court staff, officers and lawyers was guaranteed.

It also said the right of suspects to be represented by lawyers during remand proceedings should not be denied.

The letter said the Covid-19 guidelines issued by the Health Ministry from time to time must also be adhered to.

Mazlan had written to Terriruddin earlier today seeking assistance from the judiciary for suspects not to be brought to court and instead to have magistrates and court registrars despatched to police stations for remand proceedings during the MCO period.

The second phase of the MCO is from today until April 14.

Normally, police will bring suspects to the courts to obtain a remand order which may be up to 14 days, for purposes of investigation. – Bernama

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April 1, 2020
Anyone concealing family members exposed to Covid-19 will face action: Home Ministry

KUALA LUMPUR: The Home Ministry warned today that those who conceal family members who have been exposed to the Covid-19 virus clusters from the authorities will face stern action.

Home Minister Datuk Seri Hamzah Zainuddin said this latest action is to send out a clear and stern message to those who continue harbouring high-risk individuals who have been exposed.

“We are into the second week of the movement control order (MCO) and this is our first warning,” he said at a press conference after a meeting with Inspector-General of Police Tan Sri Abdul Hamid Bador and other police top brass at Bukit Aman this evening.

“Those who know of family members who were exposed to the clusters, such as the Tabligh event, and have not disclosed this to us will face severe action. They should come forward and get themselves tested for the virus. We are not going to arrest them, we just want them to get tested.”

When asked on action to be taken, Hamzah declined to elaborate but said: “When we do, the media can come and see for itself what action we take.”

He said although the police have identified about 10,000 people who attended the tabligh even at a mosque in Sri Petaling, there are still an undetermined number of those who are yet to come forward.

Hamzah said the authorities are focusing on the tabligh event cluster as those infected there make up more than 50% of the current recorded cases of the disease.

The minister also warned those who stoke disarray among the races by associating the disease with any particular race.

“The Covid-19 does not target a particular race, religion, position or social status. It can infect anyone. We also wish to warn those who post hurtful or sensitive comments that can cause chaos and disunity among the multi-races that we will take action on them as well. We as Malaysian must stand by each other regardless of race. We want to build and develop this nation together,“ he said.

Hamzah said he also discussed with police ways to enhance enforcement of the MCO as there are still many who are defying the order.

He said among the plans was to increase the number of roadblocks nationwide, adding that 3,125 people have been arrested for defying the MCO, of which 246 have been charged in court.

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March 31, 2020
“You are all idiots”, woman shouts at Ops Covid roadblock personnel

PETALING JAYA: For calling a group of police personnel and soldiers manning a roadblock in Kota Damansara “idiots”, a 44-year-woman landed herself in hot soup with the authorities Tuesday morning.

The sales manager’s temper apparently flared after she was caught in heavy traffic for more than an hour due to the Ops Covid roadblock to enforce the movement control order (MCO) at Persiaran Surian.

It is learnt that the single woman was on her way back home to her apartment which is situated opposite the roadblock site.

At about 9.40am, when she finally made it out of the traffic congestion, she wound down her car window and allegedly shouted at police, “You are all idiots”.

Petaling Jaya police chief ACP Nik Ezanee Mohd Faisal, who was also present at the roadblock at the time, said the woman was arrested for provocation and taken to the Damansara police station for investigations.

He said apart from uttering harsh words at the police, the woman also questioned the need for a roadblock in the area.

“We may be idiots but we are idiots who have your very safety in our minds and hearts. We are sorry for causing you such inconvenience but we have a job to do, which is keeping you safe. That is all we want to do. I am sorry,” said Nik Ezanee, who appeared disappointed with the indifferent attitude of certain members of the public towards the seriousness of police in containing movement in the district.

The district of Petaling is listed as the top red zone for the Covid-19 contamination, with over 220 cases of infected persons being the highest recorded in the country.

As such, Petaling Jaya police are taking a stern and uncompromising stance in controlling the spread of the virus.

A week after the MCO was initially enforced on March 18, Petaling Jaya police dropped its soft approach on those who flouted the order and began making arrests.

Since March 25, more than 83 people have been arrested in the district and several have been charged in court.

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March 31, 2020
Presidential Order Not Enforceable Without Legal Backing! By Femi Falana

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.

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March 31, 2020
Wearing digital tracking tag is not a punishment: Uggah

KUCHING: The use of digital tracking tag to monitor the movement of individuals who have just returned from abroad is not a punishment, says Sarawak Deputy Chief Minister Datuk Amar Douglas Uggah Embas (pix) today.

He said the wearing of the tracking tag in the state is a measure to curb the spread of Covid-19 as well as to monitor the presence of a person under quarantine for 14 days.

“Most of the Covid-19 cases detected were imported, which is what we want to avoid. We hope they understand and cooperate by wearing the tag during quarantine to protect their families and close relatives,” he told a media conference at Wisma Bapa Malaysia here.

Uggah who is also the State Disaster Management Committee chairman said so far individuals wearing the digital tracking tag are adhering to the instructions given and they are monitored from time to time.

Sarawak today recorded two more Covid-19 deaths, bringing the total fatalities to seven cases since the first positive patient was reported on March 13 in the state.

In another development, he said police had arrested 67 individuals on the 13th day of the Movement Control Order in the state for violating the order with 39 cases charged in court today while the remaining cases are still under investigation. – Bernama

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March 30, 2020
HEDA Tells Nigerian Government To Stop Harassment Of Sowore

The Human and Environmental Development Agenda (HEDA Resource Centre) has asked the Nigerian Government to stop the harassment and intimidation of SaharaReporters Publisher, Omoyele Sowore.

The group said Sowore was kept in detention amidst a rash of court orders — none of which guaranteed his freedom in recent past.

It said there were concerns in the human rights circle that in the wake of the COVID-19 outbreak, Sowore’s life may be at risk.

Recall that Sowore had raised the alarm over plans by the authorities to rearrest him to a military barracks where he alleged he would be tortured and infected with COVID-19.

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BREAKING: Sowore Raises The Alarm Over Plot By Buhari’s Regime To Re-arrest Him After SaharaReporters Exposed Coronavirus In Aso Villa

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Sowore said he had written through his lawyers to the Chief Judge of the Federal High Court to inform him of plots by the Nigerian Army to detain him for revealing “classified information on SaharaReporters”.

SaharaReporters had reported that Chief of Staff to President Muhammadu Buhari, Abba Kyari, tested positive for Coronavirus.

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Buhari’s Chief Of Staff, Abba Kyari, Tests Positive For Coronavirus, Confirms SaharaReporters Story

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5 Days Ago

HEDA’s Chairman, Olanrewaju Suraju, said the organisation was worried about the fate of Sowore in the light of growing lockdown occasioned by COVID-19 spread.

Suraju said the group was also touched by the recent outcry from Sowore over alleged plans to endanger his life.

Suraju said, “The Federal Government can better guarantee protection for Sowore and other citizens by issuing a stern and clear warning to officials of government to refrain from any form of political or unwarranted arrest of citizens under the current situation.

“At this period of COVID-19 pandemic, this is a difficult moment for Nigerians who are free. For those in detention, their ordeal will multiply.

“They fall into the category of those that would have been vulnerable if in detention. We are worried about precautions taken by the government to protect Sowore and other citizens from repressive actions of government officials.”

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March 30, 2020
Accept Your Failure and Leave Sowore Alone, Odumakin Tells Buhari

President, Centre for Change, Dr Joe Okei-Odumakin, has called on the Nigerian Government to steer clear of its plan to rearrest human rights activist and journalist, Omoyele Sowore, saying such move would be counter productive.

Sowore had raised the alarm over moves by the Nigerian Army to secretly secure an order from the Federal High Court, Abuja, to rearrest him over SaharaReporters publication revealing that President Muhammadu Buhari’s Chief of Staff, Abba Kyari, had been infected with Coronavirus.

Odumakin said such attempts by the government was tantamount to taking Nigeria back to the dark age and total into abyss.

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BREAKING: Sowore Raises The Alarm Over Plot By Buhari’s Regime To Re-arrest Him After SaharaReporters Exposed Coronavirus In Aso Villa

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She said the President should concentrate on finding solutions and remedy to the problems created by his failure and negligence in tackling Covid-19.

In a statement on Friday, Odumakin said, “Our attention has been drawn to the alarm raised by Publisher of SaharaReporters, Mr Omoyele Sowore, that the Federal Government was planning an onslaught on him for reporting that Mr Abba Kyari was Coronavirus positive.

“Does it mean that our government would have concealed Kyari’s status and allowed Coronavirus unchecked among the top echelon of Nigerian society?

“If the status of UK Prime Minister can be made public, who is Kyari that his status must not be known?” she queried.

Okei-Odumakin said SaharaReporters had done a great service to the country by making the information public.

She advised government to begin to remedy its failure by doing whatever it can to provide services for citizens.

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March 28, 2020
MCO: Five jailed three months each after throwing drink cans at police

KUALA LUMPUR: Five men were sentenced to three months’ jail each by the magistrates’ court here today for criminal violence against a policeman who was conducting his duty to prevent the spread of Covid-19, following the Movement Control Order (MCO), effective March 18.

Magistrate M. Saravanan sentenced D. Candran, 38, K. Kandasamy, 50, D. Thavachilan, 34, D. Gunalan, 39, and D. Ravintran, 36, after they pleaded guilty to the charges which were read to them.

The court ordered all the accused to serve their jail terms starting today.

They had used criminal violence by throwing cans of liquor and arguing with Lance Corporal Mohd Adnin Che Ani, a police personnel in the course of performing his duties as a civil servant.

They were all charged with the offense at the Food Truck Site, Jalan Tun Mohd Fuad 2, Taman Tun Dr Ismail, here, at 5pm, March 25, under Section 353 of the Penal Code which provides for a maximum jail term of two years or with fines or both, if found guilty.

According to the facts of the case, on the day of the incident the victim was with his partner patrolling the area and advised a group of men, who were drinking alcohol, to avoid gathering in the open.

The victim ordered all of the accused to present their identity cards, however, two of the accused threw cans of liquor at him while another recorded the situation using his cellphone.

Deputy Public Prosecutor Abdul Khaliq Nazeri called for an appropriate punishment in the form of a deterrent sentence for their offenses during the MCO and to show the public that the court would not compromise especially during the current state of affairs in the country.

The five accused, represented by a lawyer from the National Legal Aid Foundation Erni Ahmad, appealed for light sentences as they were each supporting a wife and family.

Another man, B. Pavitrn, 23, was fined RM1,000 or two months in jail after pleading guilty to moving from a residential area in Danau Murni to a supermarket, a place in the area of infection without the intention of doing anything provided under Section 7(1) of the Prevention and Control of Infectious Diseases (Measures within the Infected Local Areas) Regulations 2020, at 3.20 am today (March 27).

The accused was charged under Section 7 (1) of the same regulation, which provides for a maximum fine of RM1,000 or imprisonment not exceeding six months or both, upon conviction. — Bernama

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March 27, 2020