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COVID19: Restrictions On Peaceful Assembly And Movement Without A Law Or State Of Emergency Is Unconstitutional By Inibehe Effiong

A follower on Twitter asked me on Saturday whether it is “constitutional” for the government to restrict religious and social gatherings because of Coronavirus?

By virtue of Section 45 of the 1999 constitution, the rights to peaceful assembly and free movement can be interfered with in the interest of public health and public safety. Is Coronavirus a threat to public health and public safety? The answer is obviously in the affirmative.

Section 14 (2)(b) of the constitution states that “the security and welfare of the people shall be the primary purpose of government.”

However, I urge President Buhari to declare a state of emergency throughout the federation in line with Section 305 of the constitution.

Section 305 (3)(d) of the constitution, allows for a state of emergency when “there is clear & present danger of breakdown of public order and public safety in the federation or any part thereof requiring extraordinary measures to avert such danger.” COVID-19 is a clear and present danger to public safety.

Unlike in the United States, States in Nigeria cannot declare emergency. A governor supported by 2/3 members of the House of Assembly can only request the president to do so for them as stated in Section 305 (4) of the constitution. This is an example of the fraudulent nature of our federalism.

Since there is no special law to my knowledge, apart from laws establishing national and States emergency management agencies, to address public health crisis, it is necessary for the President to declare a state of emergency in Nigeria to address the outbreak of Coronavirus.

In the absence of a law enabling these restrictions to social and religious gatherings, the legality of these measures is questionable. This is because fundamental rights cannot be derogated from except as prescribed in a law that is “reasonably justifiable in a democratic society.”

It is either a law is urgently enacted across the volatile states or the President invokes the state of emergency clause. As at today, there is no strong legal basis for restricting gatherings. None of the governors or the President has issued even an ordinary ‘Executive Order’.

In the United States for example where we copied our presidential system, President Trump declared a national emergency, and at least 48 States in the US have also declared emergency due to COVID-19. The American Congress also passed the Families First Coronavirus Response Act.

In Nigeria, we are resorting to our usual militaristic way of doing things by relying on arbitrary executive fiat to tackle COVID-19. Nations do not become great just by the “good intentions” of politicians. Nations become great principally by adhering to the rule of law.

In the light of the foregoing, I strongly urge the federal and state governments to urgently take steps to address the apparent legal loopholes in their efforts to tackle Coronavirus. It is obvious that Nigeria is not prepared for an outbreak. We are doing trial and error.

We need a legal framework; not only to give legal backing to the restrictions on the fundamental rights of Nigerians to religion, association, assembly, movement, etc., but to also provide for reliefs for families and victims of COVID-19.

We should not wait for the worst to happen.

I wish to draw the attention of the government to the decision of the Court of Appeal in the celebrated case of Okafor v. Lagos State Government (2017) 4 NWLR (Pt. 1556) 404 where it was held that disobeying the “order” or “directive” of a governor is not a criminal offence.

In that case, Lagos State issued an order restricting movement during environmental sanitation, Okafor was arrested for disobeying the order. The court declared the arrest illegal and unconstitutional since there was no law that criminalized violation of the governor’s order.

Without a law or a state of emergency, it is illegal to arrest anyone for violating a mere executive order. Emotions cannot change the law. If religious leaders whose places of worship have been closed decide to challenge the closure in court, the government will likely lose.

I hope the government at all levels will listen to the voice of reason and initiate appropriate legal frameworks to support the containment of COVID-19. It is either we are a country of laws or a banana republic.

We should not yield to authoritarian rule because of expediency.

Inibehe Effiong is a Lagos-based legal practitioner and human rights activist

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March 23, 2020
Emirates reverses decision to suspend all passenger flights

Dubai carrier Emirates reversed on Sunday its decision to suspend all passenger flights shortly after it said it would halt operations from March 25 amid the novel coronavirus outbreak.

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March 22, 2020
Covid-19: 190 KD Mahawangsa crew under quarantine

LUMUT: About 190 crew members, including 12 Royal Malaysian Navy officers, aboard the KD Mahawangsa frigate have been quarantined after one of them was suspected to have been infected with Covid-19.

The Western Fleet Command Headquarters said in a statement today that the crew member was believed to have been infected after his wife came into close contact with a suspected Covid-19 individual.

“All crew members have been quarantined aboard KD Mahawangsa, while their family members classified as Persons Under Investigation (PUI) have been placed under home quarantine,” it said.

The statement added that similar action was taken when 150 crew members aboard KD Lekiu returned after escorting a Petronas Floating Liquefied Natural Gas 2 tanker from South Korea on March 4. All of them tested negative for the virus.

RMN continues to carry out its tasks and responsibilities as usual and is not affected by the virus outbreak while any official decision regarding infected crew members will only be issued by the National Security Council and the Health Ministry. — Bernama

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March 21, 2020
Covid-19: Sabah imposes new restrictions

KOTA KINABALU: In a bid to contain the spread of the Covid-19 virus, the Sabah government has issued several new restrictions today including a 14-day quarantine at the nearest quarantine centres for all individuals arriving from abroad.

State Secretary Datuk Safar Untong said in line with the decision of the National Security Council yesterday, the state government would implement the move from tomorrow until March 31 for all individuals entering the state by air, sea, river and land.

“In addition, the inter-district public jetties will be closed to the public.

“The state government has decided that inter-district public jetties in Kudat, Sipitang, Kota Kinabalu, Lahad Datu, Sandakan and Tawau will be closed from March 22 to 31, except for emergency cases,” he said in a statement here today.

He said the state government had also ordered all districts to impose roadblocks with immediate effect.

“Thus far, only 17 districts have implemented roadblocks to reduce the movement of vehicles carried out by the Royal Malaysia Police and the Road Transport Department,” he said. — Bernama

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March 21, 2020
Nigerian Government Postpones National Sports Festival Over Coronavirus

The Nigerian Government has announced the postponement of the National Sports Festival earlier scheduled to begin in Benin, Edo State, next week.

Making the announcement on Tuesday, Minister of Sports, Sunday Dare, disclosed that the decision was caused by the Coronavirus pandemic.

Nigeria on Tuesday recorded the third case of the deadly virus after a woman, who arrived from the United Kingdom on March 13, tested positive to the disease.

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In a post on Twitter, Dare said, “Following the briefing of Mr President from myself and Minister of State for Health on COVID 19, Mr President approved the immediate postponement of Edo Sports Festival to a future date.”

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March 21, 2020
Azilah’s review application hearing remains on April 20

PUTRAJAYA: The hearing of former police commando Azilah Hadri’s (pix) review application to set aside his conviction and death sentence for the murder of Mongolian Altantuya Shaariibuu in the Federal Court remains as scheduled on April 20.

Former Prime Minister Datuk Seri Najib Abdul Razak’s application to intervene in Azilah’s review application is also fixed for hearing on the same day, according to the court document relating to the case sighted by Bernama.

According to document, the Attorney-General’s Chambers were required to submit their respective affidavits in reply to the review application and to Najib’s intervener application by March 26, and Azilah must file his respective affidavit-in-reply by April 10 for both applications.

Parties in the case were also required to submit their respective written submissions before April 6.

During case management on Tuesday, lawyer J. Kuldeep Kumar for Azilah told media that his client is objecting to Najib intervening in his review application.

Deputy public prosecutor Muhammad Azmi Mashud, who appeared for the prosecution and who also attended the case management, meanwhile had said his instruction was to object to Najib’s intervener application and also oppose to Azilah’s review application.

Azilah who is currently on death row at Kajang Prison, filed his review application on Dec 5, last year together with his 32-paged statutory declaration which he claimed that the order to kill Altantuya had come from the former prime minister (Najib) who was deputy prime minister then.

Azilah, 43, is seeking to set aside his conviction and death sentence imposed by the Federal Court on Jan 13, 2015 and an order for a retrial.

In December, last year, lawyer Tan Sri Muhammad Shafee Abdullah told the media that his client, Najib had totally denied everything that had been alleged by Azilah.

Azilah and Sirul Azhar Umar , 47, were convicted and sentenced to death by the Shah Alam High Court in 2009 for Altantuya’s murder at Mukim Bukit Raja in Shah Alam between 10 pm on Oct 19 and 1 am the following day in 2006.

They were however discharged and acquitted by the Court of Appeal in 2013 which allowed their appeal to set aside their conviction and death sentence.

In 2015, the Federal Court overturned the acquittal of the two police commandos and restored the High Court decision to find them guilty for the offence. — Bernama

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March 20, 2020
M’sians in Thailand rush home to beat movement control order deadline

BANGKOK: Many Malaysians working or on holiday in Thailand scrambled to book the next flight to Malaysia after a two-week nationwide movement control order from March 18 was announced in the country due to the Covid-19 outbreak.

Many Malaysians rushed to airports early morning to make sure they got back home by today to avoid being slapped with the 14 day self-quarantine under the order.

An employee based in Pattaya, Low Ban Ching, travelled about 150km to Bangkok today just to catch the next flight back to Malaysia.

“I read messages from friends and family members back home about the movement control order.

“I realised I need to be back in Malaysia by today, if not, I have to undergo health checks and self-quarantine for 14 days.

“Luckily, I managed to book a ticket from Bangkok to Kuala Lumpur,” he told Bernama when met at the Suvarnabhumi Airport today.

Meanwhile, a project-based employee who only wanted to be known as Kah Yee, said she decided to fly home as the movement control order created uncertainty for travellers.

“I’m not sure whether there will be another extension after March 31. I made a quick decision to fly home today to beat the deadline,” she said.

Yesterday, Prime Minister Tan Sri Muhyiddin Yassin had declared that Malaysia would be placed under nationwide movement control order from March 18-31 March due to the Covid-19 outbreak.

Muhyiddin said it also involves a comprehensive restriction on all Malaysians travelling abroad with those returning from overseas required to undergo a health check and to self-quarantine for 14 days.

The restriction also covers the entry of all foreign tourists and visitors into the country and also bars Malaysians from leaving the country.

A businessman, who goes by the name of Thomas, 56, said he decided to bring forward his return ticket to get home before the deadline.

“I want to be home before the order goes into effect … I prefer to go back to Malaysia,” he said.

For Australian couple, Rosemary and David, who will transit in Kuala Lumpur before flying to Sydney said they decided to fly before March 18.

“We read about Malaysia’s movement control orders. We are not sure whether it will affect our flight.

“We do not want to take any risks so we are flying home early,” he said. – Bernama

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March 17, 2020
Bung Moktar said Finance Minister recommended RM150m investment: Witness

KUALA LUMPUR: A member of the Felcra Berhad Board of Directors told the sessions court here today that Datuk Seri Bung Moktar Radin informed the then Finance Minister to recommend Felcra to invest RM150 million in Public Mutual Berhad Unit Trust in 2015.

Dr Habibah Suleiman, 72, said she did not know that the amount of investment sought was RM150 million as the sum approved at the board meeting was only RM50 million.

Bung Moktar was then the non-executive chairman of Felcra.

“The board did ask YB Datuk Bung Moktar about the difference in amount that was invested in the Public Mutual Trust Fund. YB Bung had stated that he took along a Felcra application letter to meet the Finance Minister for his approval. YB Bung told the board that the Finance Minister recommended to him to invest RM150 million.

“I assumed that he (Bung) had changed the amount of RM50 million to RM150 million after that recommendation,” she said during a key examination by deputy public prosecutor Roslan Mat Nor at a corruption case trial involving by Kinabatangan MP Datuk Seri Bung Moktar and his wife Datin Seri Zizie Ezette A. Samad.

The fifth prosecution witness said that based on the reply from the Minister of Finance Incorporated (MKD), it (MKD) had no objection to Felcra’s application to invest RM150 million.

“Other details (in the letter) also stated that the board of directors (Felcra) had to ensure that Felcra Berhad continuously monitored the investment’s performance so that early risk mitigation can be carried out in the event of any clear decline in the equity market,” she said.

She said a letter was submitted to the board after the investment had been made and the board also knew nothing about the amount (RM150 million).

Asked by Roslan as to when she first knew that the investment had been increased from RM50 million to RM150 milion, Habibah said “During the board of directors’ meeting in April 2005.”

Roslan: Why didn’t you object against the decision?

Habibah: The decision to raise the investment sum to RM150 million was made by the (then) Finance Minister, so who am I to object to it?

Lawyers M. Athimulan and Datuk K. Kumaraendran are representing Bung Moktar and Zizie Ezette, respectively.

According to the first charge, Bung Moktar, 60, who was at that time the non-executive chairman of Felcra, was accused of taking a bribe of RM2.2 million in cash from Public Mutual’s investment agent Madhi Abdul Hamid, 38, through his wife Zizie Ezette.

He was accused of committing the act as a reward for obtaining approval from the Minister of Finance II for Felcra to make a RM150 million investment in Public Mutual unit trust products.

The offence was allegedly committed at Public Bank Berhad, Taman Melawati Branch, No. 262-265, Jalan Bandar 12, Taman Melawati here, between 12.30pm and 5pm, on June 12, 2015.

For the second charge, Bung Moktar was accused of taking for himself a bribe of RM262,500 in cash from the same individual (Madhi) through an account of the bank’s investment product Public Islamic Treasures Growth Fund (PITGF) numbered 044797816 and registered under the name of Zizie Izette for the same purpose.

Bung Moktar was also accused of taking for himself a bribe of RM337,500 from Public Mutual’s investment agent, Norhaili Ahmad Mokhtar, 42, through a Public Ittikal Sequel Fund (PITSEQ) account numbered 044797824 registered under the name of Zizie Izette for the same purpose. Both offences were allegedly committed at the same location at 12.16pm and 12.28pm, on June 19, 2015.

The charges are framed under Subsection 17(a) of the MACC Act and punishable under Section 24(1) of the same Act which provides for imprisonment of not more than 20 years and a fine of not less than five times the amount of the bribe or RM10,000 whichever is higher, if convicted.

Zizie Izette, 41, a former actress, pleaded not guilty to three counts of abetting her husband on the same offences, at the same places, dates and times under Section 28(1)(c) of the MACC Act and punishable under subsection 24(1) which provides for imprisonment of not more than 20 years and a fine of not less than five times the amount of the bribe or RM10,000 whichever is higher, if convicted.

The hearing continues before judge Rozina Ayob tomorrow. – Bernama

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March 16, 2020
Mukhriz challenges Muhyiddin for Bersatu presidency (Updated)

PETALING JAYA: The Parti Pribumi Bersatu Malaysia (Bersatu) elections is set to be a mouth-watering affair with Datuk Seri Mukhriz Mahathir challenging Tan Sri Muhyiddin Yassin for the party president’s post.

Another relative unknown in the party, Cheras division deputy chief Mohd Faiz Azlee Sham, will also contest the position, it was confirmed yesterday.

Tun Dr Mahathir Mohamad, meanwhile, will remain as the party’s chairman at the post was uncontested.

Bersatu elections committee chairman Tan Sri Syed Hamid Albar said this in a press conference after nomination closed at 3pm today.

However, he said the party polls, which was supposed to be held on April 18 at the division level, has been postponed until at least June 30, after the Registrar of Societies ordered all party meetings and conventions to be suspended in light of the Covid-19 outbreak.

“The party’s supreme council members will decide and finalise on a new date,” he said.

Hamid said all nominated individuals would also be screened to ensure they were qualified to contest, while also urging all candidates to practise a clean and fair campaign and not resort to money politics.

The contest for party presidency comes amidst growing cracks in the party, with one faction supposedly led by Muhyiddin and the other by Mahathir and his son Mukhriz, who is the incumbent party deputy president.

This comes following a political crisis that saw Muhyiddin leading Bersatu out of Pakatan Harapan (PH) to form a new government with Perikatan Nasional.

The move, however, was not endorsed by Mahathir, who with several others, decided to remain with PH.

Other than the president’s post, the deputy presidency will also see a three-cornered fight with party secretary-general Datuk Marzuki Yahya taking on Perak Mentri Besar and state Bersatu chairman Datuk Seri Ahmad Faizal Azumu and Selangor deputy Youth chief Anas Akashah Nazri.

Interestingly, Marzuki’s name was nominated by Mukhriz and seconded by Mahathir.

The vice-president post will also see 15 people contesting for three positions, among the prominent names include Education Minister Radzi Jidin, party supreme council member Datuk Seri Mohd Redzuan Yusof and former Umno leader Datuk Seri Ronald Kiandee.

PKR defectors Datuk Seri Mohamed Azmin Ali and Zuraida Kamaruddin’s names were nowhere to be seen as Bersatu’s constitution stipulates that a person has to be a party member for at least a year before they can contest for positions.

Meanwhile, Syed Saddiq Syed Abdul Rahman will defend his position as Youth chief against his former special officer Wan Ahmad Fayhsal Wan Ahmad Kamal and Bersatu Youth exco member Mohd Muzammil Ismail.

Datuk Seri Rina Rahun will also defend her Women’s chief post against three others.

In an immediate response, political analyst Prof Dr Awang Azman Awang Pawi said Mukhriz’s decision to challenge Muhyiddin for president would be a do-or-die for the former.

“If Mukhriz loses, he will lose it all, but if he wins he will be able to forge a new direction for Bersatu.

“For Muhyddin, he is confident that he has the upperhand including support from the grassroots members as he is the president.

“Although the situation looks like it favours Muhyddin, there is also the presence of Mahathir in support of Mukhriz,” Awang told theSun, adding this would be a test of Mahathir’s influence in the party.

Awang, however, pointed out that there could be a different outcome altogether should the leaders negotiate and decide to withdraw their candidacy.

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March 16, 2020
Premier League ‘may not finish’, says FA chief

LONDON: Football Association chairman Greg Clarke has reportedly told the Premier League he does not believe the domestic football season will be completed because of the coronavirus pandemic.

The Premier League suspended all fixtures at an emergency meeting on Friday. Matches in the English Football League, FA Women’s Super League and Women’s Championship are also on hold.

“It was unanimously decided to suspend the Premier League with the intention of returning on April 4, subject to medical advice and conditions at the time,“ the Premier League said in a statement.

Clarke said at the meeting that he did not think it was feasible for the season to be completed, according to a report in the Times.

The virus is not expected to peak in Britain for many weeks, raising doubts over an early April re-start for the Premier League.

The Times said it is understood that Brighton and Hove Albion chief executive Paul Barber also questioned the brevity of the suspension.

Richard Masters, the Premier League chief executive, is reported to have said it would at least allow time to consider the potential consequences and debate the possible solutions.

The decision was taken after Arsenal manager Mikel Arteta and Chelsea winger Callum Hudson-Odoi tested positive for Covid-19.

Arteta welcomed the move to put the season on hold.

“Feeling better already,“ he tweeted. “We’re all facing a huge & unprecedented challenge. Everyone’s health is all that matters right now.”

Liverpool are 25 points clear at the top of the Premier League with nine games remaining, chasing their first English top-flight title for 30 years.

If results had gone their way this weekend they could have wrapped up the title at Everton on Monday but manager Jurgen Klopp said he supported the move to suspend football.

He said in a club statement: “If it’s a choice between football and the good of the wider society, it’s no contest. Really, it isn’t.”

Financial hit

Football clubs at all levels face enormous losses if the season is not completed.

One senior figure in broadcasting told the Times: “The commercial reality for the Premier League and (European governing body) UEFA is that if they don’t complete their seasons then they are in breach of their broadcasting contracts.

“You would have broadcasters from all around the world saying, ‘In that case we are not paying for the season.’ For the Premier League you are talking around £3 billion (RM15.75 billion) income a year from overseas and domestic TV rights. There would also be financial implications if the competitions were squeezed so fewer matches were played.”

Football finance expert Kieran Maguire told the BBC that clubs, especially in the lower divisions, would be hit hard by the disruption.

“I think many clubs are going to struggle significantly,“ he said. “Many clubs are surviving on a match-to-match basis and are reliant on the loyal few thousand turning up.

“We have to consider the staff at clubs, they are reliant on the income they get from football clubs to pay their own bills as well.”

The Premier League clubs are reportedly due to meet again next Thursday.

There are matches taking place on Saturday in the National League – the fifth tier of English football – but a number of games have been postponed, including the Yeovil v Barnet fixture.

“We currently have four staff that are showing symptoms of Covid-19 who are following government advice and self-isolating,“ Barnet said in a statement.

“As a consequence, we have taken measures to put all first-team staff into self-isolation.” — AFP

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March 14, 2020