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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
MMA calls on Nadma to resolve shortage of face masks

KUALA LUMPUR: The Malaysian Medical Association (MMA) is calling on the National Disaster Management Agency (Nadma) and relevant ministries to resolve the shortage of face masks for healthcare workers.

Its president Dr N. Ganabaskaran said some doctors had gone to the extent of recycling their masks while seeing patients and some had chosen to close their clinics because there are no face masks and hand sanitizers to protect themselves and their patients.

“The issue of face mask shortage has been highlighted since the outbreak in early February 2020, it has made national news and every citizen is aware about this. Personal Protection Equipment (PPE) like face masks are a basic necessity when seeing patients who may carry this infectious disease.

“It is a requirement to provide hand rubs and face mask when seeing patients under investigation and it is indeed frustrating and not to mention unsafe not to have these items,” he said in a statement today.

He said healthcare workers in the private sector be it general practitioners, specialists, dental surgeons, nurses, pharmacists, radiographers, high-risk patients undergoing hemodialysis are all exposed to possible infection due to the inaction by the relevant ministries in addressing this issue.

Dr Ganabaskaran added, the failure to address this issue will result in higher risks of infections among patients and healthcare workers at healthcare facilities where people should feel safe.

“MMA wishes to reiterate that combating Covid-19 is a collective responsibility and not solely the responsibility of our health ministry,“ he said. — Bernama

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March 21, 2020
Covid-19 worldwide death toll nears 115,000

ANKARA: With the global death toll on Saturday approaching 115,000, health officials worldwide announced new cases in coronavirus’ continuing spread, Anadolu Agency reported.

The country with the highest loss of life due to coronavirus is Italy, where 4,032 people have so far died, after eclipsing China earlier this week.

Mainland China, where the outbreak started last December, was second, with a total of 3,255 people dead.

Iran had the third-highest death toll, with 1,433.

Australia reported that the number of cases of Covid-19 rose to 1,051, with 300 people added to the total in the last 24 hours.

Singapore’s Health Minister Gan Kim Yong said the number of cases in the country rose to 385, and it also claimed the lives of a 75-year-old Singapore woman and a 64-year-old Indonesian.

Morocco’s Health Ministry said the number of cases had risen to 86, including seven people who had recently been abroad.

Morocco on Friday declared a state of emergency over the outbreak.

Meanwhile, Paraguay’s Health Ministry announced on Twitter that a 69-nine-year old man had died from the virus after treatment in an intensive care unit.

Local media reported that the total cases number of cases in the country was 18.

President Mario Abdo Benitez announced that a quarantine declared for March 10 to April 4 has been extended to April 12. — Bernama

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March 21, 2020
Perlis Regent tells people to abide by MCO

KANGAR: Raja Muda of Perlis Tuanku Faizuddin Putra Jamalullail (pix) has decreed that the people in Perlis strictly abide by the movement control order (MCO) because a failure to do so may cause the order to be further extended.

“We should only leave our homes with valid reasons,“ he said in reference to the MCO which was adopted to help the country reduce the spread of the Covid-19 virus.

In a statement, Tuanku Faizuddin said the people should unhesitatingly adhere to the MCO until it expires.

“We need to be responsible and committed with a first-class mentality in our actions to stick by the government’s directive.”

The Regent urged his subjects not to be stubborn or lackadaisical because it will impact society, the state and country in a negative light.

“We do not want the MCO to be extended in view that the cases may rise even more.”

His royal message was aired by the state religious affairs council here on Saturday.

Perlis has recorded nine Covid-19 cases so far.

Tuanku Faizuddin, who is the president of the state religious affairs council, said that people should only exit their houses if they need to purchase food, groceries, and for healthcare needs.

They should not leave the state unless they possess valid reasons.

Tuanku Faizuddin noted with dismay that after three days of enforcing the MCO, there are still a number of people who are disobeying the directive, thus forcing the army to be called in.

“I hope everyone understands the need to strictly abide by the order so we can reduce the pandemic impact as soon as possible. But if we stray, we are only inviting a possible curfew to be implemented. We still have choices.”

Meanwhile, the council’s chief executive officer Mohd Nazim Mohd Noor said that all mosque and surau activities have been deferred until the MCO is lifted.

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March 21, 2020
Expelled FUNAAB Student Alleges Threat To Life By Institution’s Vice Chancellor

L-R: Ifemosu Michael Adewale and, Prof Felix Salako

L-R: Ifemosu Michael Adewale and, Prof Felix Salako

A student of the University of Agriculture, Abeokuta, who was expelled for writing an open letter to the school’s management over issues of transportation and insecurity on campus, Ifemosu Michael Adewale, has raised the alarm over plans to kill him.

In a petition written to President Muhammadu Buhari, Ogun State governor, Dapo Abiodun, and heads of law enforcement agencies in the country, Adewale alleged that Vice Chancellor of FUNAAB, Prof Felix Salako, was currently doing everything possible to kill him.

According to the young man, he had been receiving death threats from different persons, who have told him that he would suffer for speaking against Salako.

Adewale said that he was crying out so that the world would know where his death came from in case he was killed.

He said, “At exactly 1:00am on Tuesday, March 17, 2020, some hired assassins came to my apartment around Apakila Camp with cutlasses and guns. They tore the net of my room and afterwards moved to the last room in my compound, tore the net and started searching for me.

“When they could not find me, they left but not without warning that they were going to deal with me for fighting the VC.

“Earlier, I had received a lot of calls from private numbers telling me that they would kill me for challenging my unlawful and illegal expulsion from the university and ridiculing the Vice Chancellor.

“Prof Salako is close to those in power, whereas I am an ordinary citizen.

“I am crying out publicly so that at least the world will know where my death came from and I will not join the long list of unresolved murders. My killer should at least be known.”

But when contacted by SaharaReporters, spokesperson for FUNAAB, Dr Lydia Onwuka, denied the allegations, insisting that the VC, Prof Salako, has no reason to go after the life of Adewale or any other person in fact.

She said, “There is a matter in court but let me just say that the VC has no reason to kill Ifemosu Adewale or any other person.

“The allegation is not founded on any proof or fact, so it is not true.”

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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
Facebook bug wrongly deleted authentic coronavirus news

Facebook said a bug in its anti-spam system temporarily blocked the publication of links to news stories about the coronavirus. Guy Rosen, Facebook’s vice president of integrity, said on Twitter Tuesday that the company was working on a fix for the problem.

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March 18, 2020
Cuepacs hopes govt ensures well-being, safety of civil servants on duty

KUALA LUMPUR: The Congress of Unions of Employees in the Public and Civil Services (Cuepacs) hopes the government can take initiatives or steps to safeguard the well-being of civil servants who have to serve during the duration of the movement control order.

Its president, Adnan Mat said the safety and well-being of staff and their family members should be given priority, especially for those who had to work during the period.

“The support and cooperation of the public in understanding the work of civil servants is also needed as the country is facing a crisis such as Covid-19,“ he said in a statement today.

Meanwhile, Cuepacs also hopes that airline companies could be flexible for those who had booked tickets by offering open tickets to set new travel dates rather than cancelling without refunds.

This would help ease the burden of the people, Adnan said.

Yesterday, Prime Minister Tan Sri Muhyiddin Yassin declared that Malaysia would enforce a movement control order effective tomorrow until March 31 throughout the country to contain the spread of Covid-19. – Bernama

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March 17, 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
US airlines slash flights over virus crisis

US airlines have announced drastic reductions in flights after President Donald Trump’s administration banned foreign travelers arriving from Europe.

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March 16, 2020