Vice President Yemi Osinbajo has disagreed with Nobel laureate Prof. Wole Soyinka and others who have questioned the legality of the presidential order restricting movement in the Federal Capital Territory (FCT), Lagos and Ogun States.
“I am not so sure some of the people who have commented on the issue have come across the Quarantine Act. There is a Quarantine Act of 1926. It’s been published in all of the Laws of Nigeria, every edition of the Laws of Nigeria, it is there.”
Referring specifically to the part of the legislation that empowers the president to order restrictions to movement in any part the country, Osinbajo said: “What the Act does is that it allows the president to designate any local area, any part of the country, as a place that may be infected or under the threat of a communicable disease. He can then make regulations of any kind.
The vice president made the disclosure in Abuja on Monday while responding to questions at the Google Hangout programme organised by HACK COVID-19 Call Centre, a private sector initiative supporting Nigeria’s battle against the pandemic.
The worst development I can conceive is to have a situation where rational measures for the containment of the Corona pandemic are rejected on account of their questionable genesis. This is a time for Unity of Purpose, not nitpicking dissensions. So, before this becomes a habit, a question: does President Buhari have the powers to close down state borders? We want clear answers. We are not in a war emergency – Soyinka
“The president has extensive powers under the Quarantine Act of 1926. Also, governors have extensive powers under the same Quarantine Act,” Osinbajo said.
He urged individuals and groups to peruse the legislation, to understand the provisions therein, noting: “It is barely a one-page legislation, so it is not particularly difficult to find the relevant provisions, and it is not particularly difficult to read, very straightforward. So, the president has all the powers.”
He further said confronting the pandemic was an effort requiring the cooperation of all Nigerians.“We must see this as a joint effort. Everyone is involved in this. It really is an all-Nigeria effort and I am happy that everyone is responding,” he said.
Asked how the administration was supporting the most vulnerable during the restriction to movement, Osinbajo said Buhari had established the Economic Sustainability Committee, “which he has asked me to chair.”
He said the committee would take care of the economic challenges and fallouts of the pandemic in the FCT, Lagos and Ogun States. He also said the committee would develop further palliatives, and a sustainability plan to reposition the economy and grow the non-oil sector.
He added: “Part of the work of the Economic Sustainability Committee is to look at some of the concerns that affect the poor, especially in the context of what has already been done and the data that we already have on informal workers and informal traders, and how to implement some strategy that will be able to alleviate the sufferings of the poor (and the informal workforce) at this time, and integrate some of the data that we have in other respects.”
In his reaction on Monday to the lockdown order by Buhari, Soyinka described it as illegal and unconstitutional.Soyinka, in a statement, said the president did not have the powers to unilaterally lock down a state, as there was no war or emergency.
In the statement titled “Between COVID and Constitutional Encroachment,” Soyinka said “constitutional lawyers and our elected representatives should kindly step into this and educate us, mere lay minds.
I am not so sure some of the people who have commented on the issue have come across the Quarantine Act. There is a Quarantine Act of 1926. It’s been published in all of the Laws of Nigeria, every edition of the Laws of Nigeria, it is there. It is a regulation that gives the president powers, and these powers come from the National Assembly because, of course, it is an Act of the National Assembly – Osinbajo
“The worst development I can conceive is to have a situation where rational measures for the containment of the Corona pandemic are rejected on account of their questionable genesis.
“This is a time for Unity of Purpose, not nitpicking dissensions. So, before this becomes a habit, a question: does President Buhari have the powers to close down state borders? We want clear answers. We are not in a war emergency.
“Appropriately focused on measures for the saving lives, and committed to making sacrifices for the preservation of our communities, we should nonetheless remain alert to any encroachment on constitutionally demarcated powers. We need to exercise collective vigilance, and not compromise the future by submitting to interventions that are not backed by law and constitution.”
According to Soyinka, “a president who had been conspicuously AWOL, the Rip van Winkle of Nigerian history, is now alleged to have woken up after a prolonged siesta, and begun to issue orders.
“Who actually instigates these orders anyway? From where do they really emerge? What happens when the orders conflict with state measures, the product of a systematic containment strategy – `including even trial-and-error and hiccups – undertaken without let or leave of the Centre. So far, the anti-COVID-19 measures have proceeded along the rails of decentralised thinking, multilateral collaboration and technical exchanges between states.
“The Centre is obviously part of the entire process, and one expects this to be the norm, even without the epidemic’s frontal assault on the Presidency itself. Indeed, the Centre is expected to drive the overall effort, but in collaboration, with extraordinary budgeting and refurbishing of facilities.”
Soyinka advised: “The universal imperative and urgency of this affliction should not become an opportunistic launch pad for a sneak re-centralisation, no matter how seemingly insignificant its appearance. I urge governors and legislators to be especially watchful. No epidemic is ever cured with constitutional piracy. It only lays down new political viruses for the future.”