APPRAISING THE POWERS OF THE PRESIDENT TO RESTRICT THE MOVEMENT AND ASSEMBLY OF PEOPLE AS A MEANS OF CURBING THE SPREAD OF COVID-19 PANDEMIC IN NIGERIA

Abstract

The order of restriction of movement of people resident in the Federal Capital
Territory (FCT), Abuja, Lagos and Ogun States, as part of the measures designed to
curb the spread of the novel coronavirus pandemic, contained in a nationwide
broadcast by President Muhammadu Buhari on 29 March 2020 has attracted
criticisms from some human rights lawyers and activists who contend that the action
is illegal and unconstitutional. This article appraised the legal basis for the
presidential directive with a view to determining whether it is valid in law. The study
adopted the doctrinal research methodology and relied on the provisions of the
relevant laws such as, the Constitution of the Federal Republic of Nigeria 1999 (as
amended), the Quarantine Act, African Charter on Human and Peoples’ Rights and
International Covenant on Civil and Political Rights. The study reveals that having
regard to the powers vested in the President under section 4 of the Quarantine Act,
the order shutting down the affected areas for the initial period of 14 days is valid
under both municipal and international law. It further reveals, however, that the
Quarantine Act relied upon by the President may not, from the naturalist perspective,
measure up to the requirement of the derogation clause (section 45) of the
Constitution. For this reason, the study recommends an amendment of the Act in a
way that the powers to order a lockdown of an affected area will be made subject to
the provision of sufficient palliatives to the affected citizens to mitigate the pains of
such an action.