Anyone who refuses to abide by Covid-19 instruction could be charged for attempted murder/suicide

By KAYODE AJULO, Ph.D

Section 35(1)(e) of the 1999 Constitution (as amended) permits the right to liberty of persons who have contracted any infectious or contagious diseases to be restricted by the government.

Anyone who refuses to abide by Covid-19 instruction could be charged for the offence of attempted murder/suicide.

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The deadly Coronavirus pandemic has cut across boarders and have affected almost every country in the world. This fact has in recent months been unhappily emphasised by the startling events occurring simultaneously in countries of the world. It is now beyond doubt that cases of Coronavirus (Covid-19) have been recorded in Nigeria with about 60 (sixty) confirmed cases.

It is pertinent to recall that the Chief Justice of the Federation within a week has released several circulars in order to put measures in place to avert the effect of the pandemic.

Similarly, my Law Firm has implement the work from home policy in the interest of our Clients and the Nation at large.

It is on this backdrop that I am compelled to pensively and dispassionately analyze the state of public safety and public health in Nigeria viz-a-viz the need for urgent measures to be put in place by the Government and relevant stakeholders.

Introduction

It is important to start on the premise that the war against this deadly pandemic in Nigeria is not the sole responsibility of the government but also of the citizenry at large.

One of the central pillars of Nigerian corporate existence is the safeguard of the welfare of the Citizens. Section 14(2) (b) of the 1999 Constitution states that:

The security and welfare of the people shall be the primary purpose of any government; and the participation by the people in their government shall be ensured in accordance with the provisions of this Constitution.

There is no gainsaying the fact that the state of public health and safety in the face of the looming deadly pandemic has become a bother to well-meaning Nigerians and the world at large, hence the imperative to put adequate and urgent measures in place to combat the pandemic.

Suspension of Fundamental Rights to Personal Liberty

Without prejudice to the measures taken by Governors of some states and the Minister of FCT to curb the spread of the menace by restricting religious gathering and restriction of movement of the Citizens, it must however be stated that such measures must be within the circumference of the Constitution.

The provisions of Section 35 of the Constitution is very pungent in the circumstance. The Section permits the right to liberty of persons who have contracted any infectious diseases to be restricted by the government. Section 35(1) (e) of the Constitution provides:

(1) Every person shall be entitled to his personal liberty and no person shall be deprived of such liberty save in the following cases and in accordance with a procedure permitted by law:

(e) in case of a person suffering from infectious or contagious diseases, persons of unsound mind, persons addicted to drugs or alcohol or vagrants, for the purpose of their care or treatment or the protection of the community;

From the foregoing extant provisions of the Constitution, the government has the powers to quarantine anyone who has contacted or suspected to have contracted the deadly disease no matter how highly placed such a person is, in the interest of public health and safety.

Couple of days ago, I spoke with the Commissioner of Police FCT Command, Inspector Bala Chiroma and he expressed his worries as regards disobedience of some Citizens to Government directives that people should stay at home.