The outbreak of coronavirus in Wuhan ,China in the last quarter of 2019 and the subsequent snow ball into a global pandemic has brought novel test for countries that advocate western model of democracy and rule of law as government battle to curtail the spread of the virous worldwide using different approach.
With a devastating effect to human life and impact on a scale better imagine, government scramble for the best possible solution under these circumstance, navigating the constitutional provision and rule of law on matter of our collective existence that see the imposition of lockdown, curfew and isolation in major cities and capital of the world. This emergency powers deployed by their government is more complicated for political office holders and policy implementers in a federal system of government were there is a constitutional provision for power sharing between the centre, state and the local government among such countries is Nigeria, Brazil and United States of America.
Section 5(1) of 1999 federal constitution of Nigeria as in force vested the executive power of the federation on the president while subsection two of the same section vested the executive power of the state on the governor of that state. Its important to note the provision of subsection 3 which provide that the provision of subsection 2 shall be so exercised as not to.
Impede or prejudice the exercise of the executive powers of the Federation.
Endanger any asset or investment of the Government; or
Endanger the continuance of a federal government in Nigeria.
Simply put, the state government shall not govern in such manner as to undermine the constitutional powers of the president of the federation, items on the 2nd schedule, part 1 of the exclusive legislative list and most importantly, section one and two which clearly state the supremacy of our constitution and the rule of law.
We as ordinary citizens pounder over a lot of question as we watch with awe, the body language, utterance, and action of our public figure. Whether the approach being adopted is the best to curtail the virous or over reaction, the impact of the pandemic to our social and economic wellbeing, who is responsible for what and how. In this angle, one issue that keep amazing me is the issue of palliative. As the citizen look forward to the government to deliver palliatives, the government at both federal and state level also set up committee to raise fund for the pandemic. Of notorious note are the politicians who squabble, skim and demand for their share of the federal government share of the palliative which paradoxically is like wishing for the pandemic in their domain in order to champion over the spoil of the largeish not minding the human, economic and social impact of this pandemic to the constituency they claim to represent. This call to question the moral, spiritual and psychological state of public office holders and proof how greed and lust for material wealth has eaten deep into our public life in Nigeria.
He who fail to plan, plan to fail, the quick approach of the federal government in locking down our air space and the lockdown in Lagos, Ogun State and Abuja which has proof the limited numbers of covid-19 positive cases and death is highly commendable. However, in within a war or crisis, there must be orderliness otherwise the populace will be face with a devastating defeat or disaster.
Extraordinary time like this is a period to show leadership, sacrifice, endurance, comportness. loyalty and obedience on the side of the leaders and the led. As we journey across this trying time, it is important to sound a resounding warner to our public officials to be conscious of their approach to public issues as it portends to make or mar us as a nation in this delicate time.
The literal review of section 45 reveal restriction or derogation of section 37,38,39,40 and 41 which guarantee our freedom to private and family life, thought, conscience and religion, expression and press, peaceful assembly and association and freedom of movement. Section 305 empowers only the president to initiate and declare state of emergency in the federation or any part thereof.
It is important are this crucial moment to filter those who are genuinely concern in tackling the issue at hand from the opportunist who want to build their personal and political nest on the sensitivity of the people not minding the ripple effect on other citizens and the country at large. I
t is paramount to state that viewing state policy with a lackadaisical attitude will create normlessness, copycat and bad wagon effect in the polity. Those schedule with the responsibility of governance of the state should not just be acting but seen to be acting.
Article written by,
Abubakar Usman Yahaya
Studied Political Science (B.SC ABU, Zaria)
Studying Law (LLB.Nile University, Abuja)
