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| (From left) Gov Nyesom Wike, Stranded travelers at Rivers State border, Richarmond O. Natha-Alade |
In efforts to clamp down on the spread
of the deadly Corona Virus disease (COVID-19), many of States Chief Executives may have thrown caution to the wind,
neglecting the constitution and other laws regulating their powers vis-à-vis the
present pandemic situation in the country.
Without mincing words, three days
ago, the Governor of Rivers State, Nyesom Wike announced his decision to close all
borders and routes connecting and entering Rivers State; therefore limiting,
restricting and placing total ban on the inflow and outflow of Nigerians and/or
any of their vehicles in the state. Just as announced, within 24 hours of such
announcement, same was brought to fore and enforced without giving considerations to necessary laws, humanity, likely panics and untoward hardships such reckless decision could bring about; this, despite not putting in place adequate planning and
necessary legal framework.
The fundamental human rights provisions
as contained in Chapter 4 of the Constitution are not for fun. They are binding
and enforceable against individuals and authorities at all time. The importance
of such rights has globally availed and binding since the declarations of United Nations
Declaration of Human Rights (UDHR) of 10
December 1948 stemming from Resolution 217 at the Palais de Chaillot in Paris,
France and the African Declaration on Human and People Rights
(AFDHPR), also known as the Banjul Charter 1981. Nigeria is a signatory to both
declarations. At the same time, the said declarations had been fully domesticated
by our National Assembly as forming part of our laws. These rights which
includes the rights of citizens to move freely within their geographical space
are also contained in our Constitution, of which no person or government authorities can
depart therefrom; being inalienable and compulsory to all human except under justifiable and reasonable laws
enacted in line with section 45 of our constitution; the section which prompts
and activates the derogation under necessary given conditions and
circumstances.
Section 41 of the constitution
provides for freedom of movement of all citizens. For ease of reference, i hereby provide the
said Section 41(1) as follows:
“Every citizens of Nigeria is
entitled to move freely throughout Nigeria and to reside in any part thereof,
and no citizen of Nigeria shall be expelled from Nigeria or refused entry
thereby or exit therefrom”
The only
direct and related derogation as regarding the above provision is contained in Section 45 (1) of same constitution which also provides as follows:
(1) Nothing
in sections 37, 38, 39, 40 and 41 of this Constitution shall invalidate any law
that is reasonably justifiable in a democratic society
(a) in the
interest of defence, public safety, public order, public morality or public
health; or
(b) for the
purpose of protecting the rights and freedom or other persons
Law making or dictatorship is not a lawful duty of any democratically
elected Governor who may may be hiding under the clone or nomenclature of Executive Orders. By the
provision of section 41(1); “Nothing in sections 37, 38, 39, 40 and 41
of this Constitution shall invalidate any law that is reasonably justifiable in
a democratic society…” that clause points to the fact that laws must be
made which is reasonably justifiable based on prevailing conditions as COVID-19.
That brings us to the question as to who has such power and responsibility to make
such laws. Section 6 of the Constitution of Nigeria vests law making powers on
issues relating to state matters in the hands of the State House of Assembly.
Considering the above, the question
needed be asked is, was any law in place before Governor Wike rushed to close
boarder of Rivers State without considering all dire consequences attached to
same? Obviously the answer is No! Most unfortunately many states of the
Federation are following suit without recourse to necessary legal framework.
The Quarantine Act of Nigeria gives
the presidency and Governors the power to issue directives, guidelines and
propose laws which can be passed speedily, subject to the provisions of the
constitution. The Lagos State Government must be commended for being proactive
in passing Emergency Corona Virus Pandemic
Law 2020. Such legal framework gives the police power to arrest, detain,
quarantine and prosecute offenders under the law. It gives state Governor the
power to do some certain things in the interest of the people of Lagos and same
law also ratifies the Executive guidelines / Orders of the Governor of Lagos
State to effectively curtail the decease. this law stands unlike mere executive orders that appeals only to reasons, morals and understanding of subjects of their authority.
Nothing of such legal framework is
yet to be put in place in Rivers State and some of the states taking a cue from
Rivers State, Governor Wike. jumped the gun and was extraordinarily hasty in taking
such steps without recourse to consequences including the violation of Nigerians fundamental rights.
Outside the lack of adequate timing
and warnings from concerned authorities to allow people move in and out of the
state to their place of comfort, convenience and survival (most especially), a lot of travelers hoping to enter and/or
pass through the state are stranded and trapped with reckless abandonment
without any pre-warning as to such closure; therefore exposing their lives to
danger, attacks, hunger and discomforts. Such declaration and enforcement from
Rivers State authorities raises a lot of concerns and worsens the panics the
disease has in due time created. The people locked-up in their numbers and in
thousands at various border of Rivers State are further exposed to the danger
of contacting the virus. Their rights have been flagrantly violated by the
government of Rivers State. They have been treated inhumanly and inhumanely. Such
government ineptitude and quackery in effective management of crisis must be challenged as soon as this trying
time is over. The affected persons much be adequately compensated for the breach of
their fundamental rights.
In the
light of the foregoing, we Nigerians
earnestly expects the President of Nigeria to to as a matter of urgency declare state of emergency to restrict activities in various states where the Covid-19 pandemic has ravaged vis-a-vis putting in place necessary legal framework arising from the
deadly pandemic in line with the provisions of section 304 of the constitution
and the lettered sections of the Quarantine Act of Nigeria.
In all, it is
important to remind our leaders of the need to learn to be lawful, considerate,
empathetic, sympathetic and humane towards the people they govern. Democracy is
not Militocracy. They must learn that a lot of responsibilities is attached to leadership
May God heal our land and bless the
efforts of our leaders.
Richarmond
O. Natha-Alade is
a legal Practitioner and Principal Partner at
Sun
Natha-Alade & Partners (SNATHAP)
lordricharmond@gmail.com
www.snathap.com
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