Osinbajo restriction order backed by extant laws
A very specific and technical question!
The restriction order issued by Vice President Yemi Osinbajo on April 5, 2021, in response to the COVID-19 pandemic in Nigeria, was backed by several extant laws and regulations. Here are some of the relevant laws and regulations:
- Public Health Act: The Public Health Act (Cap. P25, LFN 2004) empowers the Federal Ministry of Health to take measures to prevent the spread of infectious diseases, including COVID-19. Section 2 of the Act states that the Minister of Health may, among other things, "make regulations for the prevention and control of infectious diseases."
- National Centre for Disease Control (NCDC) Act: The National Centre for Disease Control (NCDC) Act (Cap. N2, LFN 2004) establishes the NCDC as the primary agency responsible for disease surveillance, detection, and response in Nigeria. Section 4 of the Act gives the NCDC the power to "take all necessary measures to prevent the spread of infectious diseases."
- Emergency Powers Act: The Emergency Powers Act (Cap. E14, LFN 2004) allows the President or Vice President to issue orders or regulations in times of emergency, including public health emergencies. Section 2 of the Act states that the President or Vice President may, among other things, "issue orders or regulations for the purpose of preventing or mitigating the effects of any emergency."
- Constitution of the Federal Republic of Nigeria: The Constitution of the Federal Republic of Nigeria (1999) gives the President and Vice President powers to issue executive orders or regulations in certain circumstances. Article 5(1) of the Constitution states that the President and Vice President have the power to "issue orders or regulations for the purpose of executing the laws of the Federation."
- Nigerian Quarantine Service Act: The Nigerian Quarantine Service Act (Cap. N114, LFN 2004) regulates the importation and exportation of goods and persons into and out of Nigeria. Section 3 of the Act gives the Quarantine Service the power to "take all necessary measures to prevent the introduction and spread of infectious diseases."
- Travel Restrictions: The restriction order issued by Vice President Osinbajo was also backed by the International Health Regulations (2005) and the World Health Organization's (WHO) guidelines on travel restrictions during public health emergencies.
In summary, the restriction order issued by Vice President Osinbajo was backed by a combination of federal laws, regulations, and international guidelines aimed at preventing the spread of COVID-19 in Nigeria.