Exactly 12:30 hours, Wednesday 1^st April, 2020, Nigeria had 151 confirmed cases of Covid-19, 92.72% active and 5.96% discharged, while fatality was then at 1.32%. There is an apparent dearth of testing kits and response centers around the country. A health emergency is imminent and this has attracted several concerns and intervention from well-meaning individual and corporate Nigerians. No productive discourse could possibly be made on why the government had not put measure in place to avoid an endemic of this virus in the country, but worth some commentary are the recent lock-downs being put in place by government at States and National level.

Nigeria is fast becoming an enclave, especially for the Lagos State, Ogun State and the Federal Capital that are impacted by Executive Orders issued by both the Federal and State Governments. Undoubtedly, the Nigeria Centre for Disease Control (NCDC) and various States’ health agencies need all the help they can get, including lock-downs. Sections 2 – 4, Quarantine Act empowers the executive arms of the Federal and States government to issue regulations geared towards addressing health emergencies.

Suffice to say that all the States that have issued Executive Orders towed the path of Lagos State, substantially in letters and spirit. The Lagos State Infectious Diseases (Emergency Prevention) Regulation, 2020 empowers the Governor to:

• Make declaration concerning Covid-19 and such declaration has actually been made regarding the virus as a dangerous infectious disease within the context of the Quarantine Act.
• Direct the removal of potentially infectious persons to designated places for purposes of screening, assessment, isolation and health administration. As well, he could further direct on the means for disposal of remains (e.g. cremation) upon death.
• Direct restriction of vehicular and pedestrian movements, except for the purposes of rendering or acquiring essential goods (food, water or drug) or services (treatment).
• Restrict social, religious, commercial and other gatherings, in so far as they have nothing to do with administering or acquiring essential goods or services.
• Direct prevention and sanction of hoarding or over billing on products and services classified essentials, especially food and drugs.
• Exercise other powers including prohibition of false information about Covid-19, calling for information about status of tested persons and such other incidental powers.

The key features of the Covid-19 Regulation 2020 issued by the Federal Government include the fact that the containment period is for an initial 14 days and only for Lagos, Ogun and the Federal Capital Territory, with effect from 11pm 30th March, 2020. It is to enable designated health experts identify, trace and isolate individuals who have come in contact with confirmed cases and restrict further spread thereby.

Exempted from the Federal lock-down order are activities geared towards supply of food, petroleum, electricity and private security; legal matters already classified (Circular No.: NJC/CIR/HOC/11/631 of 23/03/2020) or as may from time to time be classified urgent by the Chief Justice of Nigeria; telecommunication, broadcasting and media activities by persons who can prove they cannot work from home. Passenger flights (commercial and private jets) are also suspended subject to special permit that might be issued on need basis. The Lagos seaports are to continue operations in strict compliance with guidelines issued by the Presidency.

Some Public Law attorneys have questioned the validity of these regulations, in the light of the fundamental human rights provision of Constitution. Human rights are non-derogable. The only limitations to them are as permitted by the Constitution. From the highlights of the Executive Orders, potential human rights violations that can arise from the lock-down are the right to life, dignity, liberty and/or movement, fair hearing, property, privacy, expression and association.

There are no exceptions to the right to life other than as constitutionally permitted. Death is the imminent outcome to expect of anyone who is kept out of food and water for 14 days. Whereas the government would allow access to food or water, the means for securing food and water has certainly been taken away from most, with the lock-down. The only defense here would be the palliatives put in place by the governments, if implemented scrupulously to avoid starvation.

A few incidence of brutality have been reported against some enforcement team. Under the Constitution, there is no derogation to the right of dignity; even for defaulters, law enforcement agents must be civil. Giving the provision of Section 35(1) (b) of the Constitution, The right of liberty can be deprived to enforce the lock-down, same being an obligation imposed by law (the Executive Orders).

On 23^rd March, 2020, the Chief Justice of Nigeria issued Circular No.: NJC/CIR/HOC/11/631 which suspended all courts sittings for initial two weeks with effect from 24^th March, 2020, except for “urgent, essential or time bound” cases. Unless “essential” is interpreted to include fundamental rights enforcement cases, there is a problem. Fair hearing must be within reasonable time. Any bar on access or delayed access to court for fundamental rights action is unconstitutional.

Recently, high scale profiteering have been reported and are been tried in some quarters by the Federal Competition & Consumer Protection Commission (FCCPC). Care however must be taken so that such consumers’ protection initiatives are balanced with proprietary rights. Further, the government may require some privately-owned facility in its bid to expand capacity for containment; properties may in such circumstances be compulsorily acquired, with appropriate compensation in place.

In the ordinary course of business, client’s confidentiality would have foreclosed the health team from divulging information about infected or potentially infected persons. This right of privacy however is watered-down by Section 45 (1) of the Constitution. Same section also derogates the right to religious, social and other gathering as well as the right to free dissemination of information or impartation of knowledge, especially false and unverified information about Covid-19.

In conclusion, the only legal concern with the Covid-19 Regulation 2020 might be its seemingly hasty and unplanned preparation. That has inadvertently ignored the need for the President to have first made certain declarations upon which to premise the lock-down. As it were, the powers to make a regulation for Covid-19 under the Quarantine Act are activated by first declaring Covid-19 a “dangerous infectious disease” and all the communities that have had cases of Covid-19 an “infected local area”. It is uncertain if the Presidency issued Notices to these effects. This apart, the Executive Orders are in order and the case of Okafor v. Governor of Lagos State (2016) LPELR-41066(CA) been cited by some legal practitioners is inapplicable to Orders or Regulations made in furtherance of the Quarantine Act.