Despite the partial closure of courts by the Chief Justice of Nigeria , Tanko Muhammad. A human rights lawyer, Inibehe Effiong , says he is approaching a Federal High Court to stop the President, Major General Muhammadu Buhari (retd. ), from restricting the movement of Nigerians living in Lagos , Ogun, and Abuja. Buhari had in a broadcast on Monday ordered the restriction of movement in the three areas to prevent the spread of COVID - 19.
However, Effiong said in a statement on Monday that the President had no right to do so without recourse to the National Assembly. The Lagos - based lawyer further stated that it was wrong of Buhari to have restricted movement without the backing of any law
He added , “ After a deep reflection on President Buhari ’s decision to lock down all movements in Lagos , Ogun, and Abuja by Presidential fiat for 14 days, I have resolved to challenge this unconstitutional action in court.
“ No responsible, democratic and civilised country will throw its constitution and laws into the dustbin in an effort to tackle a pandemic like COVID - 19 the way President Buhari has done . Freedom of movement is a fundamental right guaranteed by Section 41 of the constitution.
“ While it is conceded that this right is not absolute , 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. Buhari has not relied on any law. ”
The activist said 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 .
The lawyer said 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 where the National Assembly is in session or within 10 days where the National Assembly is not in session.
Effiong added , “ 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.
“ Buhari could have asked the Senate President and Speaker of the House of Representatives to convene the National Assembly to approve a state of emergency . He 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.”
