Buhari Restriction Declaration In Order – Malami Dismisses Claim By Right Lawyer
The Minister of justices and attorney-general of the federation (AGF), Abubakar Malami says the declaration order by President Muhammad Buhari to lock down Lagos, Ogun and Federal capital territory, FCT, Abuja in order to combat Coronavirus was in order.
The AGF said the assertion by human rights lawyer, Ebun-Olu Adegboruwa that Buhari lacked power was wrong.
Adegboruwa had on Monday said that Buhari could only make such proclamations in consultation with the national assembly.
But in a statement, Malami said quarantine act enables the president to take measures since COVID-19 has been declared an infectious disease.
“Section 3 of the act enables the president to declare any part of Nigeria as an infected area,” he said.
“Section 4 of the act further empowers the president to make regulations to prevent the introduction, spread and transmission of any dangerous infectious disease.”
“It is important to inform the discerning members of the public that the President did not make a declaration of a state of emergency under Section 305(1) of the 1999 Constitution (as amended) which would have required the concurrence of both houses of the national assembly,” Malami said.
“Even at that Section 305(6)(b) of the 1999 Constitution (as amended) permits a proclamation of a State of Emergency to run for a period of 10 days without the approval of the National Assembly when the parliament is not in session as in the present situation wherein the National Assembly has shut down.
“The learned silk also goofed when he questioned the president’s powers to restrict movement and claiming that such powers can only be exercised by the state governors and the respective state assemblies.
“It is clear from the president’s broadcast that what His Excellency sought to address is a public emergency occasioned by a dangerous and infectious coronavirus disease.
“The restriction of movement came on the heels of advice received by the President from the Federal Ministry of Health and the NCDC, the two focal agencies in the fight against COVID-19.”