Coronavirus: ‘Why Buhari has no Power to Restrict Movement’ – Ebun Adegboruwa(SAN)

Senior Advocate of Nigeria, Ebun Adegboruwa has reacted to President Muhammadu Buhari’s directive to restrict all movement in Lagos and Abuja for 2 weeks in a bid to contain the spread of Coronavirus(COVID-19).

In a statement made available to POLITICS NIGERIA on Sunday, Adegboruwa states that the President has to consult with the National Assembly before making such an order. He wrote;

“The President has no powers to restrict the movement of persons without recourse to the National Assembly.”

“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.”

“It is only the Governor of the State through the House of Assembly of the State that can make any declaration concerning the people of that State. Little wonder that the President could not cite any law that he relied upon for his declaration.”

“I support every measure taken to contain the Coronavirus pandemic but such must be in accordance with the law. If we allow this to stay, then tomorrow the President may just impose a total restriction on all States of the Federation for whatever reason.”

Adegboruwa urged the President to reverse the directive and work with the states in line with the constitution.

“I humbly urge the President to reverse the restrictions and work with the States concerned in accordance with the laws of our land.”

“Also, there must be measures put in place to address the financial consequences of the proposed shutdown, especially for small scale businesses, those who depend on daily earnings and the needy and vulnerable members of the societies to be affected.”