A legal practitioner, Inibehe Effiong, has vowed to challenge President Muhammadu Buhari’s lockdown order over coronavirus in Nigeria.
The order was contained in Buhari’s national broadcast Sunday night.
It affects Abuja, Lagos and Ogun States and it takes effect as from 11pm Monday night.
In a statement on Monday, Effiong said no responsible, democratic and civilized country will throw its Constitution and laws into the dustbin in an effort to tackle the disease.
He declared that freedom of movement is a fundamental right guaranteed by Section 41 of the Constitution of Nigeria.
Noting that this right is not absolute, Effiong said Section 45 of the Constitution is clear to the effect that freedom of movement can only be taken away in the manner allowed by a law that is reasonably justifiable in a democratic society.
The rights activist noted: “If Buhari is convinced that extraordinary measures are needed to contain coronavirus, the proper action would have been for him to issue an instrument published in the official Gazette of the Government and make a proclamation of a state of emergency in Lagos, Ogun and Abuja.
“By Section 305 (6) (b) of the Constitution, such proclamation shall cease to have effect if it is not approved by a resolution of the National Assembly within two days when the National Assembly is in session or within ten days when the National Assembly is not in session.
“By Section 305 (2) of the Constitution, the details of such proclamation can include extraordinary measures like lockdown. Those who say that the rule of law is useless because of this pandemic are mistaken. There is no exception to the rule of law in a constitutional democracy.”
Effiong added that Buhari could have asked the Senate President and the Speaker of the House of Representatives to convene the National Assembly to approve a state of emergency.
He further said the president could have simply issued regulations pursuant to the Quarantine Act. But he ”opted for his usual dictatorial ways of doing things.
“As a resident of Lagos State, I am directly affected by the illegal action of the President. I will seek redress in court either before or after the expiration of this unconstitutional lockdown since there is no limitation of time with respect to fundamental right actions.”
Effiong advised Buhari to either retrace his unconstitutional steps immediately and follow the due process of law or face legal action.
He pointed out that all “serious countries” declared emergency, passed or invoked laws to tackle COVID-19. “Is Nigeria a banana republic?”, he quipped.
