BY LEVI JOHNSON
Ebun-Olu Adegboruwa, Senior Advocate of Nigeria (SAN) has posited that President Muhammadu Buhari has no constitutional right to restrict the movement of persons in a state without the permission of the National Assembly.
”Buhari’s two-week shutdown of all activities and movements in Lagos, Abuja and Ogun states without the lawmakers’ approval is illegal,” says Adegboruwa.
He explained that the Constitution requires that the President should first declare a state of emergency, which must be approved by the National Assembly before shutting down states.
Adegboruwa said: “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.
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“I support every measure taken to contain the Coronavirus pandemic but such must be in accordance with law. If we allow this to stay, then tomorrow the President may just impose total restriction on all States of the Federation for whatever reason.
“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.”
He urged the Buhari to reverse the restrictions and work with the States concerned in accordance with the laws of the land.
