All serious countries declared emergency, passed or invoked
laws to tackle COVID-19. Is Nigeria a banana republic?
After a deep reflection on President Muhammadu Buhari's
decision to lockdown all movements in Lagos, Ogun and Abuja by presidential
fiat for 14 days, I have resolved to challenge this unconstitutional action in
court.
No responsible, democratic and civilised country will throw
its constitution and laws into the dustbin in an effort to tackle a pandemic like
COVID-19 the way President Buhari has done. Freedom of movement is a
fundamental right guaranteed by Section 41 of the constitution.
While it is conceded that this right is not absolute,
Section 45 of the constitution is clear to the effect that freedom of movement
can only be taken away in the manner allowed by a law that is reasonably
justifiable in a democratic society. Buhari has not relied on any law.
If Buhari is convinced that extraordinary measures are
needed to contain Coronavirus, the proper action would have been for him to
issue an instrument published in the official gazette of the government and
make a proclamation of a state of emergency in Lagos, Ogun and Abuja.
By Section 305 (6) (b) of the constitution, such
proclamation shall cease to have effect if it is not approved by a resolution
of the National Assembly within two days where the National Assembly is in
session or within 10 days where the National Assembly is not in session.
By Section 305 (2) of the constitution, the details of such
proclamation can include extraordinary measures like lockdown. Those who say
that the rule of law is useless because of this pandemic are mistaken. There is
no exception to the rule of law in a constitutional democracy.
Buhari could have asked the Senate President and Speaker of
the House of Representatives to convene the National Assembly to approve a
state of emergency. He could have simply issued regulations pursuant to the
Quarantine Act. But he opted for his usual dictatorial ways of doing things.
As a resident of Lagos State, I am directly affected by the
illegal action of the President. I will seek redress in court either before or
after the expiration of this unconstitutional lockdown since there is no
limitation of time with respect to fundamental right actions.
President Buhari can either retrace his unconstitutional
steps immediately and follow the due process of law or face my impending legal
action. The choice is his.
All serious countries declared emergency, passed or invoked
laws to tackle COVID-19. Is Nigeria a banana republic?
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