Buhari’s stay-at-home directive raises constitutional issues, say lawyers

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“The people should have been given a few days’ notices before now so they could get themselves prepared.” StayAtHome StayHome Coronavirus Covid19

Yoruba socio-cultural organisation Afenifere and some legal practitioners have expressed mixed reactions over the directives of President Muhammadu Buhari on cessation of all movements for two weeks in Lagos and Ogun States and the Federal Capital Territory , Abuja, to stop the spread of the deadly COVID-19 currently ravaging the World.

Afenifere added that it was a big shame that a rich country like Nigeria has been badly governed over the years and up till this time “it cannot afford any serious stimulus package for its citizens beyond moratorium for NPower earners. By the way, we do not understand where the president was asking the Ministry of Humanitarian Affairs to go and get students to be fed with School Feeding Programme when all students in the country are at home.

According to Adegboruwa, “The president has not invoked his powers under the Constitution to declare any state of emergency, which must be approved by the National Assembly. We are running a constitutional democracy and it is illegal for the president to take over the affairs of any state of the federation without the express consent of the people of that state through their elected representatives.

But taking contrary positions, Mr. Kayode Ajulo, who holds a Ph.D in law, said the president is empowered to restrict movement on health ground, noting, “The Federal Quarantine Act, CAP 384 LFN, 1990 CAP Q2 LFN 2004, which remains in force today, is the primary law governing matters concerning public health crises in Nigeria. It is based on the exclusive legislative jurisdiction accorded to the federal government under the Constitution on issues of ‘quarantine’ and any matter incidental thereof.

 

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This Nigeria government are still learning Big time they needs to go back and start from primary school whereby they could learn better governance is not for illiteracy

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