Senior lawyers on Monday backed the Federal Government and states’ decision to contain the Coronavirus pandemic by locking down states.
Senior Advocate of Nigeria (SAN) Dele Adesina and activist lawyer Jiti Ogunye said the measures were lawful.
President Muhammadu on Sunday imposed a 14-day restriction on movement in Lagos, Ogun and Abuja, beginning from 11pm last night.
The shutdown, which will be for an initial two weeks, “is the containment period to identify, trace and isolate all individuals that have come into contact with confirmed cases,” Buhari said.
Several states, including Lagos, Enugu, Rivers, Katsina, Benue, Akwa Ibom and Plateau have already imposed full or partial restrictions on movement and business.
Some lawyers have questioned the legality of the shut downs.
But Adesina argued that the Federal and State governments had broken no law, adding that they were responding to the demands of the times.
He said: “I don’t know what law they are relying on, everybody who knows Dele Adesina, knows that I am an unrepentant believer in the principles of Federalism, which includes the autonomy of the state, fiscal federalism, which includes autonomy of the state, sovereignty of the components, etc, but we are in unusual times.
“Are you saying that all the states should wait until the thing (Coronavirus) gets under control?
“A minute’s delay to take a decisive action can (make us fail to) get the situation under control.
“I do not believe or accept the argument that whatever any state government is doing to preserve the lives of their people offends constructional provision. I don’t know of any such provision that has been offended.”
He added: “It’s very important that we cooperate with the authorities, the World Health Organisations (WHO), the Lagos State Government, including, in particular, the Federal Government, that we should keep to safety measures.”
Ogunye said President Buhari acted lawfully in accordance with the Quarantine Act of 1929.
He said: “Although, the Quarantine Act is an old colonial legislation ( 1926, No. 18; 1929, No. 7; and 1954, No. 131), it is our considered view that the provisions of the Act are not only applicable to the measures the Federal Government of Nigeria (or the President) have taken or about to take, as communicated in the said Presidential Broadcast, but are more applicable to the current public health situation than invoking the constitutional provisions of declaration of a state of emergency.
“… It is submitted that the Quarantine Act is a special legislation, containing special provisions which empower the President to make regulations to contain and manage infectious diseases. It is a specific public health and safety legislation.
“Section 305 governing declaration of a state of emergency, on the other hand, is a general provision dealing with a state of emergency of many kinds.”