INTRODUCTION
I have so far, resisted the urge to comment on President Muhammadu Buhari (Buhari)’s shutdown of the Federal Capital Territory (FCT), Lagos and Ogun States, to stem the corrosive compass and circuit of the Coronavirus (permit the pun). My stance was deliberate, because everyone knows my strong and unapologetic views about the Buhari Government – colourless, rudderless, visionless, clueless, lawless, directionless, unemphatic, insensate, insensitive, opaque, corrupt, cronyistic, nepotic, sectional, prebendalistic, vindictive and anti-people. I have never shied away from expressing these strong opinions in my frequent national discourse, press releases, interview interventions and my three weekly newspaper columns.
President Buhari may easily be faulted for breaching, in his shut down order, the provisions of Section 17(2)(c) (“government actions shall be humane”)’ and Section 17(3)(g) (“provision is made for public assistance in deserving cases or other conditions of need”) of the Constitution. This ‘Baba Go-slow’ government did not act timeously when Covid-19 broke out, to pro-actively make “provision for public assistance” when the shut- down order took effect.
WHY THIS WRITE-UP?
However, it is better late than never, to protect the same people. This is one step taken by Buhari (the shutdown of the FCT, Lagos and Ogun States), which I humbly, cannot fault. President Buhari had notified the States, and got their full co-operation. My present write-up is dictated by numerous calls by Nigerians, to hear my views as a Constitutional Lawyer, on this vexed issue that has caused so much ruckus. I have read several views on it. I have therefore, decided to break my silence, lest the general public takes in, hook, line and sinker, the various views of the protagonists of the alleged illegality and unconstitutionality of Buhari’s action.
PROFESSOR WOLE SOYINKA’S VIEWS
I was particularly touched by Professor Wole Soyinka’s humility (our only Nobel Laureate), who, after dismissingBuhari as AWOL, however, implored “Constitutional Lawyers and our elected representatives to kindly step into this and educate us, mere lay minds”, because“this is a time for unity of purpose, not nit-picking dissensions”. He is also right that “no epidemic is ever cured, with constitutional piracy. It only lays down new political viruses, for the future”.
Some Nigerians, who were the same ones (except few of them), who had applauded Buhari in February, 2018, for ordering soldiers to shoot at sight, any one found snatching a ballot box during the Presidential and NASS elections are suddenly now crying over a mere lock down of two States and the FCT, to avoid massive death of the majority through unnecessary contacts. So much for historical revisionists.
THE ‘CRUCIFY-BUHARI’ ARGUMENTS
I have read all the attacks on Buhari, on this issue. The Antagonists’ arguments argued that the President has no powers to restrict the movement of persons, without recourse to the National Assembly (NASS) in a constitutional democracy such as we operate. That the President cannot legally take over the affairs of any State of the Federation without the express consent of the States, since it is only the Governor of a State that is legally permitted to make such a declaration. They did not explain how the President can, in the same constitutional democracy, order back (like a Headmaster to school pupils), the Senate and House of Representatives that had already adjourned sessions, because of the same COVID-19. That the Quarantine Act of 1926 is inapplicable to making Covid-19 Regulations, 2020.
I roundly disagree with these views. Let me be very clear, that my disagreement with these people is based solely on the Covid-19 pandemic, and not on President Buhari’s now well-known infamous imperial carriage and dictatorial rule by dicta and fiat. I detest these. Such views did not also take notice of the NCDC Act 2018 and the Public Health Act, all of which also gave the President powers to do what he did. That he consulted the States must not be lost on us, leading Ogun State to even request for extension!.
THE CONSTITUTION AS THE FONS ET ORIGO
The 1999 Constitution, is the supreme law of the land,the fons et origo. All other laws and acts must derive legitimacy from it. It is the nucleus and very birth certificate of Nigeria. Section 1(1) of the 1999 Constitution provides: “This Constitution is supreme and its provisions shall have binding force on all authorities and persons throughout the Federal Republic of Nigeria”. Section 1(3) nails it with, “if any other provisions of law is inconsistent with the provisions of this Constitution, the Constitution shall prevail, and that other law shall, to the extent of the inconsistency, be void”.
This undoubted supremacy of the Constitution and voidance of any Act or law that is inconsistent with it, was emphasised with admirable lucidity inFRN v OMOLOJU OKUNOMO (2010) LPELR-4154 (CA), where the intermediate court held:
“From the wordings of the section, the supremacy of the Constitution above all other laws in the country, is not in doubt. The Constitution of the Federal Republic of Nigeria is therefore, the grundnorm, and all other legislations are subsequent to it”.
The late Justice Nike Tobi, JSC put it in flowery poetic words in AG, ABIA STATE v AG, FEDERATION (2006) 16 NWLR (Part 1005) 265 at 381, as follows:
“The Constitution of a nation is the fons et origo, not only of the jurisprudence, but also of the legal system. In Greek language, it is the alpha and omega. It is the barometer with which all statutes are measured. In line with the kingly position of the Constitution, all the three arms of government are slaves of the Constitution; not in the sense of servitude or bondage, but in the sense of total obeisance and loyalty to it. This is in recognition of the supremacy of the Constitution over and above every statute, be it an Act of the National Assembly or a Law of the House of Assembly of a State”.
See also INEC v MUSA (2003) 3 NWLR (Pt. 806) 72; ABACHA v FAWEHINMI (2000) 4 SC (Pt. 11) 1; AG, ONDO v AG, FEDERATION (2002) 1 NWLR (Pt. 772) 222; BALONWU v GOV. ANAMBRA STATE (2009) 18 NWLR (Pt. 1172) 13; PDP v CPC (2011) 17 NWLR (Pt. 1277) 485, 511.
ARE PRESIDENT BUHARI’S DIRECTIVES TO LOCKDOWN FCT, LAGOS AND OGUN STATES UNCONSTITUTIONAL?
BACKGROUND TO THE LOCKDOWN BY PRESIDENT BUHARI – WHEN HUMANITY BECAME HUMBLED
We cannot discuss this issue meaningfully, without a contextual discussion of the prevailing hazardous environment in which it was done. When Franklin Roosevelt gave his inaugural speech on March 4, 1933, he addressed a nation weakened and demoralised by economic depression. Major General Muhammadu Buhari (Rtd) is not a Roosevelt, by any stretch of the imagination. He, with his foibles and infamous imperfections, was however acting at a time of global pandemic that has literally shut down the whole world. A pandemic that made great nations lie prostrate, shut their borders, ground aircrafts, halt commerce and industry. The greatest need, has since become human wellness and oxygen. Just to live. Fear of death. Fear of fear. Fear of the unknown.
Across the world, billions of people are quarantined in iron-cast lockdowns, as health services struggled to cope. Since its inception in late 2019 in Wuhan, China, Coronavirus (Covid-19), which was later christened a pandemic by the World Health Organisation (WHO), quickly spread like wildfire in the harmattan, across the entire face of the earth, threatening complete extinction of mankind.
Hippocrates (the father of Medicine and the famous ancient Greek physician) once theorised in his work, Amorphisms, that “for extreme deceases, extreme methods of cure, as to restriction, are most suitable”. In modern parlance we say, “desperate times call for desperate measures”. Should Buhari, in the face of dire national challenges, have kept quiet and done nothing? I think not. The world has been in a spin, upside down. God showed His sovereignty. Some say, God has been angry with the Sodomic and Gomorrahic sins and iniquities of the world. Worldwide, over 2 million people have been infected with COVID-19, and over 130,000 have died.
Powerful nations, some very loud, narcissistic and chest-beating, have suffered most deaths. Human beings are perishing, like helpless flies. Space billionaire dissident, Guo Wengui, says Beijing’s communist party is burning and cremating an average of 1,200 corpses per day; in Wuhan alone. How true this is, I can not confirm from any independent source.
COVID-19 has completely grounded commerce, industry, law, medicine, science and technology. Religious merchants now realise that physical attendance at bespoke edifices called Churches and Mosques, does not equate to knowing God. No more tithes and seed-sowing by gullible adherents.It is now realised that, “almighty” money could be useless tothe wealthy and aristocrats, as they have money they cannot spend. Private jets and their owners, are grounded. Limousines, Rolls Royce, Mercedes, Maybach Exelero, and such incredibly expensive cars that once dotted our government-neglected roads are parked, gathering dust and rust, in quarantined hovels.
Academic activities are in limbo, with degree-hawking and sex-seeking professors grounded with their certificates, which have become mere papers in their hands. Students are quarantined at home. Suddenly, husbands and wives of over 15-20 years’ wedlock are just discovering themselves. Children and parents now pay attention to each other. Bars, restaurants, hotels, brothels, strip clubs, night clubbing, party orgies, weddings, funerals, “owambes”, containers importation, vacations, spraying at parties, even politics, have suddenly become anathema.
Different nations and organisations, have taken different tough measures to contain Covid-19. America closed its borders with Canada. Delta, British Airways and other major airlines grounded their entire fleet. President Yoweri Museveni of Uganda wrote to landlords and landladies, “not to collect rent money from tenants for the next 90 days. Failure to comply to this, the Government will take over your apartment(s) or you will be sentenced to jail for 7 years or both actions will be taken”. Though an extreme measure, similar steps were taken by he Philippine President, Rodrigo Duterte, who told Police and the Military to shoot down any of the about half of the quarantined Filipinos who violates the lockdown.
God, “how Excellent is thy name in all the earth!” (Psalm 8:1-3). “Oh Lord, there is none like You. Nor is there any God besides You, according to all that we have heard with our ears” (1 Chronicles 17:20). “Who will not fear you, O King of the nations? Indeed, it is Your due! For among all the wise men of the nations and in all their Kingdoms, there is none like You” (Jeremiah 10: 7). (To be concluded next week).