Lagos State Infectious Disease Regulation Regulation 2020

Lagos State Infectious Disease Regulation 2020 [Emergency Prevention],  hereafter called ‘the Regulation’ is our focus in this paper. It was issued by the Lagos State Governor on the 27th day of March 2020 pursuant to the Quarantine Act and the Lagos State Public Health Law 2015 Due to the Covid-19 pandemic.

On the 11th day of March 2020, the World Health Organisation declared COVID -19 a pandemic. In a bid to curtail the spread of the virus, Governments all over the world placed restrictions on the movement of persons. 

What Is A Regulation?

Unlike a law, a regulation is created or issued by a Government or its Agency and its purpose is to implement a given law hence it does not go through the bill process.

The Preamble

The Preamble of the Regulation is very instructive. The function of a preamble in any Statute or document is to explain its purpose; what it is intended to address and also to assist in the interpretation of the Statute or document in the event of any ambiguity.

 A cursory look at the preamble of the Regulation, therefore, reveals the following:

1.       That the virus is spreading rapidly all over the world with devastating effect.
2.       That there is a rise in the number of persons affected.
3.       That there is a projection by the epidemiologists and virologists that there will be a surge in the number of COVID -19 patients.
4.       That persons who arrived in Nigeria from high incidence Countries before the closure of our airspace were exposed to COVID- 19 and many did not self- isolate but mingled with Lagos State residents.
5.     That no less than 80 million people move around Lagos state every business day in crowded public vehicles and in congested markets.
6.       That announcements requesting measures to contain the spread of the virus have been largely flouted by residents without regard to its high contagious rate.
7.       That the facilities and infrastructure in Lagos State and the Federation are severely limited.
8.       Finally, that the above made it imperative for the Governor of Lagos State to issue this Regulation to save lives, reduce ill -health and ensure that the economy is not weakened or stretched.

It is very clear from the above that the intention of the Regulation is to:

1.       Prevent the spread of the virus
2.       Contain the spread of the virus
3.       Ensure that in the course of doing 1 & 2 above, the economy is not weakened or stretched. 

 Highlights of The Lagos State Infectious Disease Regulation- WHAT YOU SHOULD KNOW

The highlights of the Regulation are:

1. DANGEROUS INFECTIOUS DISEASE DECLARATION: The virus was declared a dangerous infectious disease within the meaning and intendment of the Quarantine Act 2004 and that it constitutes a serious threat to the public health of persons in the local area of  Lagos State.

2.     POWER OVER POTENTIALLY INFECTIOUS PERSON
3.       The Governor is empowered to direct a potentially infectious person [ that is a person who is or may have been infected with the virus and can infect others] to a specified place for either screening and assessment or for isolation for an initial period of  14 days and where he/ she refuses to comply with the directive; be made to bear any cost incurred for the removal and isolation.
4.       The Governor is empowered to direct the parent or guardian of a  potentially infectious child [any person under the age of 18]  for screening and assessment or that he/she be taken into isolation for an initial period of 14 days and where the parent or guardian fails to comply with the directive, the parent or Guardian be made to bear ant cost incurred for such removal or isolation.
5.     Where a child is not accompanied by a parent or guardian, then if practicable they will have to be notified before the child is taken for screening and assessment or isolation and if not practicable, then reasonable steps will be taken to notify them afterwards.
6. RESTRICTION OF MOVEMENT

The Governor is empowered to restrict the movement of persons and goods within, into and out of Lagos State. However, there is no restriction of movement of persons carrying out essential services or persons and vehicles carrying essential items like food, water and medical supplies.

4. POWER RELATING TO EVENTS, GATHERINGS AND PREMISES

The Governor is empowered to:

1. Restrict or prohibit the gathering of persons except where a written approval is obtained.
2. Temporarily close public places
3. Order the temporary closure of markets/ places except where essentials [Food, water and drugs are sold or manufactured.
4. Impose restrictions on the number of persons that may be present in any public place
5. Direct Security agencies to break up any gatherings of persons, take them into custody for the purpose of screening and assessment and if necessary for isolation.
6. POWER OVER CONDUCT OF TRADE AND COMMERCIAL ACTIVITIES

The Governor is empowered to restrict in whole or in part the conduct of trade, business and commercial activities, except that of the sale and manufacture of essentials [Food, water and medicals] as may be deemed necessary.

6. CLOSURE OF PUBLIC, EDUCATIONAL, VOCATIONAL INSTITUTIONS

The Governor is empowered to order the closure of public, educational and vocational institutions as he deems necessary.

7. POWER IN RELATION TO FOOD, DRUGS AND OTHER ESSENTIAL   SUPPLY CHAIN, HOARDING AND PRICE MANIPULATION.

It is an offence to hoard or artificially inflate the prices of food, drugs and other essential goods and services within Lagos State and the Governor is empowered to direct the seizure and forfeiture of the said food, drugs and other essential goods and services and may in addition direct that they be utilized for the purpose of alleviating the supply needs in the Local area within the State.

8. TRANSPORTATION, STORAGE AND DISPOSAL OF THE REMAINS OF INFECTED PERSONS

The Governor is empowered to specify the manner and the condition for the transportation, storing and disposing of the remains of any person who died from the infection of the virus. He also has the power to order the cremation of the remains of such person.

9. POWER TO PROHIBIT THE TRANSMISSION OF FALSE INFORMATION

The Governor is empowered to prohibit the transmission and spread of false information through any means whatsoever regarding the outbreak or possible outbreak of Covid-19; or any information promoting unverified, untested or unapproved cures or vaccines or other medicines purporting to cure, alleviate or reduce the impact of the virus on persons infected.

10    POWER TO REQUIRE NOTIFICATION

The Governor is empowered to direct medical practitioners and health workers to notify the Governor (through the Ministry of Health or other Health Officer charged with the responsibility)  of any person that shows the symptoms of COVID- 19 within the Local Area of the State.

11.   OMNIBUS PROVISIONS

The Governor is empowered to do all to prevent and contain the spread of the virus including:

1. Impose restrictions where necessary to curtail the spread of the virus including ordering residents to stay at home for such time as is deemed necessary,
2. Deploying law enforcement officers to enforce restriction of movement directives or access to public places.
3. Constructing and allocating spaces for use as isolation centres where necessary
4. Temporarily take over possession of property for use as isolation centres for storage of pharmaceutical and medical supplies subject to payment of adequate compensation.
5. EXERCISE OF THE POWERS OF THE GOVERNOR

The powers of the Governor under the Regulation may be exercised either by him or through person(s) designated by him in writing. Furthermore, unless otherwise stated, the powers herein stated may be exercised either orally, in writing, by a written declaration, notice or any means the Governor deems necessary

13. OFFENCES

Anyone who fails to comply with or violates the provisions of this Regulation shall be liable under the Quarantine Act 2004, the Public Health Law of Lagos state 2015 and any other existing law to fine or imprisonment or both in accordance with the said laws.

CONCLUSION

The Lagos State Infectious Disease Regulation is intended to carry out the intent of the above-mentioned laws and to prevent or contain the spread of the virus. The issue that arises therefrom is whether or not these restrictions are a breach of the fundamental rights of the residents of the State.