President has power to lock down states — Malami

The Attorney-General of the Federation and Minister of Justice, Abubakar Malami, says President Muhammadu Buhari has the power to lock down states.

He was specifically faulting the claim by a Lagos lawyer, Ebun Adegboruwa, that Buhari lacked constitutional powers to restrict movement of people in the face of the Coronavirus pandemic.

Malami, in a statement yesterday by his media aide, Umar Gwandu, said Adegboruwa misconstrued the constitution and failed to point out the constitutional provisions breached by the president in his action.

“Community reading of sections 5, 14, 20 and 45 of the 1999 Constitution of the Federal Republic of Nigeria and Section 2, 6 and 8 of the Quarantine Act and Article 4 of the International Covenant on Civil and Political Rights and Article 11 on Human and Peoples Right which make the declaration by His Excellency the President, valid, legal and enforceable,” he said.

“It is important to inform the discerning members of the public that the President did not make a declaration of a State of Emergency under Section 305(1) of the 1999 Constitution (as amended) which would have required the concurrence of both House of the National Assembly. Even at that Section 305(6) (b) of the 1999 Constitution (as amended) permits a proclamation of a State of Emergency to run for a period of 10 days without the approval of the National Assembly when the parliament is not in session as in the present situation wherein the National Assembly has shut down.

“The learned silk also goofed when he questioned the President’s powers to restrict movement and claiming that such powers can only be exercised by the State Governors and the respective State Assemblies. It is clear from the President’s broadcast that what His Excellency sought to address is a public emergency occasioned by a dangerous and infectious corona virus disease. The restriction of movement came on the heels of advice received by the President from the Federal Ministry of Health and the NCDC, the two focal agencies in the fight against COVID-19.

“It, therefore, becomes obvious and clear that the restriction order is part of a national quarantine measure.”