Senator Dino Melaye has filed a suit against the Speaker of the
House of Representatives, Femi Gbajabiamila and two others, Pascal
Obi and Tanko Sununu, over the controversial ‘’Control of
Infectious Diseases Bill 2020’’.
The lawmakers who introduced the bill during plenary last week,
said it was designed to prevent the spread or possible outbreak of
infectious diseases.
The bill which is being sponsored by Gbajabiamila, seeks amongst
other things, to empower the Minister of Health to convert any
building into an Isolation center during a pandemic or health
crisis while the police would be able to arrest any individual
suffering from an infectious disease without a warrant.
Section 15 (1) of the bill reads,
“The minister may, for the purpose of preventing the spread or
possible outbreak of an infectious disease, by notification in the
Gazette declare any premises to be an isolation area.”
Subsection 2 reads,
“A notification under subsection (1) shall be effective until
the expiration of such period as may be specified in the
notification or until it is revoked by the minister, whichever
occurs first.”
Subsection 3 reads,
“The Director General may, in relation to an isolation area, by
written order prohibit any person or class of persons from entering
or leaving the isolation area without the permission of the
Director General; prohibit or restrict the movement within the
isolation area of any person or class of persons; prohibit or
restrict the movement of goods; require any person or class of
persons to report at specified times and places and submit to such
medical examinations, answer such questions and submit to such
medical treatment as the Director General thinks fit; authorise the
destruction, disposal or treatment of any goods, structure, water
supply, drainage and sewerage system or other matter within the
isolation area known or suspected to be a source of infection; and
prohibit, restrict, require or authorise the carrying out of such
other act as may be prescribed.”
The bill also proposes for a polie officer to have the power to
arrest, quarantine violators without warrant
Subsection 4 reads,
“A Health Officer or a police officer may take any action that
is necessary to give effect to an order under subsection (3),”
while subsection 5 reads, “Any person who, without reasonable
excuse, contravenes an order under subsection (3) shall be guilty
of an offence.”
Subsection 6 reads
“A person who leaves or attempts to leave or is suspected of
having left an isolation area in contravention of an order under
subsection (3) may be arrested without warrant by any Health
Officer or by any police officer, authorised in writing in that
behalf by the Director General.”
While subsection 7 reads
“Goods brought into or removed from an isolation area in
contravention of an order under subsection (3) shall be forfeited
to the Government and may be seized, dealt with and disposed of in
accordance with section 55(2) and (3) as if those goods were any
substance or matter referred to in section 55(1)(c).”
The bill also prescribe a six months jail term for violators of
NCDC’s quarantine order.
Section 79 (3) prescribes a N500,000 fine and six-month jail
term for persons who violate the quarantine restriction or refuse
to take vaccinations in case of an outbreak or a suspected outbreak
of an infectious disease in Nigeria such as the ravaging
COVID-19.
“The Minister may, in making any regulations, provide that any
contravention of or failure to comply with any regulation shall be
an offence punishable with a fine not less than N500,000 or to
imprisonment for a term not exceeding six months or to both.”
Section 13 of the bill also sought to give the NCDC
Director-General the power to order the isolation of people having
or suspected to have an infectious disease for a period of time
subject to the discretion of the DG. It added that such persons,
including those who have recently recovered or being treated for
such a disease, remain in isolation or be treated in their own
dwelling place.
Section 17, under Abatement of Overcrowding, the bill prescribes
that if in the opinion of the NCDC DG, a building is so overcrowded
as to expose the occupants to the risk of infection by an
infectious disease, the DG may by written notice direct the owner
or occupier of the building to abate the overcrowding or to close
the building or part thereof within the time specified in the
notice.
The bill listed no fewer than 45 diseases. They include Acquired
Immune Deficiency Syndrome, Avian Influenza, Campylobacteriosis,
Chikungunya, Fever, Cholera, Dengue Fever, Dengue Haemorrhagic
Fever, Diphtheria, Encephalitis, Viral Haemophilus Influenzae Type
b Disease, Hand, Foot and Mouth Disease, Hepatitis, Viral Human
Immunodeficiency Virus Infection, Legionellosis, Leprosy, Malaria,
Measles, Melioidosis, Meningococcal Disease, Mumps, Nipah Virus
Infection, Paratyphoid, Pertussis, Plague, Pneumococcal Disease
(Invasive), Poliomyelitis, Rubella, Salmonellosis and Severe Acute
Respiratory Syndrome.
Others include Swine Influenza, Typhoid, Tuberculosis, Yellow
Fever, Sexually Transmitted Infections — Chlamydia Genital
Infection; Genital Herpes, Gonorrhea; Non-Gonococcal Urethritis;
and Syphilis.
The second schedule of diseases include; Dangerous Infectious
Diseases, Plague, Severe Acute Respiratory Syndrome, Yellow Fever,
Coronavirus disease, Diphtheria, Measles, Polio, and
Meningitis.
Melaye has joined many other Nigerians to condemn the bill which
has been widely described as Colonial and Draconian. In his
reaction, Melaye said the bill is against the constitution of the
Federal Republic of Nigeria and an outright abuse of the
humanrights of Nigerians. He pointed out that the bill amongst
other things encourages forceful vaccination of persons against
their wish.
On Monday morning, he approached the Federal High Court Abuja to
file a lawsuit against the Speaker, Femi Gbajabiamila. Others
joined in the suit include the Clerk of the National Assembly,
Clerk of the House of Representatives, Attorney General of the
Federation and the Inspector General of Police.
No date has been fixed for hearing.
Senator Dino Melaye has filed a suit against the Speaker of the
House of Representatives, Femi Gbajabiamila and two others, Pascal
Obi and Tanko Sununu, over the controversial ‘’Control of
Infectious Diseases Bill 2020’’.
The lawmakers who introduced the bill during plenary last week,
said it was designed to prevent the spread or possible outbreak of
infectious diseases.
The bill which is being sponsored by Gbajabiamila, seeks amongst
other things, to empower the Minister of Health to convert any
building into an Isolation center during a pandemic or health
crisis while the police would be able to arrest any individual
suffering from an infectious disease without a warrant.
Section 15 (1) of the bill reads,
“The minister may, for the purpose of preventing the spread or
possible outbreak of an infectious disease, by notification in the
Gazette declare any premises to be an isolation area.”
Subsection 2 reads,
“A notification under subsection (1) shall be effective until
the expiration of such period as may be specified in the
notification or until it is revoked by the minister, whichever
occurs first.”
Subsection 3 reads,
“The Director General may, in relation to an isolation area, by
written order prohibit any person or class of persons from entering
or leaving the isolation area without the permission of the
Director General; prohibit or restrict the movement within the
isolation area of any person or class of persons; prohibit or
restrict the movement of goods; require any person or class of
persons to report at specified times and places and submit to such
medical examinations, answer such questions and submit to such
medical treatment as the Director General thinks fit; authorise the
destruction, disposal or treatment of any goods, structure, water
supply, drainage and sewerage system or other matter within the
isolation area known or suspected to be a source of infection; and
prohibit, restrict, require or authorise the carrying out of such
other act as may be prescribed.”
The bill also proposes for a polie officer to have the power to
arrest, quarantine violators without warrant
Subsection 4 reads,
“A Health Officer or a police officer may take any action that
is necessary to give effect to an order under subsection (3),”
while subsection 5 reads, “Any person who, without reasonable
excuse, contravenes an order under subsection (3) shall be guilty
of an offence.”
Subsection 6 reads
“A person who leaves or attempts to leave or is suspected of
having left an isolation area in contravention of an order under
subsection (3) may be arrested without warrant by any Health
Officer or by any police officer, authorised in writing in that
behalf by the Director General.”
While subsection 7 reads
“Goods brought into or removed from an isolation area in
contravention of an order under subsection (3) shall be forfeited
to the Government and may be seized, dealt with and disposed of in
accordance with section 55(2) and (3) as if those goods were any
substance or matter referred to in section 55(1)(c).”
The bill also prescribe a six months jail term for violators of
NCDC’s quarantine order.
Section 79 (3) prescribes a N500,000 fine and six-month jail
term for persons who violate the quarantine restriction or refuse
to take vaccinations in case of an outbreak or a suspected outbreak
of an infectious disease in Nigeria such as the ravaging
COVID-19.
“The Minister may, in making any regulations, provide that any
contravention of or failure to comply with any regulation shall be
an offence punishable with a fine not less than N500,000 or to
imprisonment for a term not exceeding six months or to both.”
Section 13 of the bill also sought to give the NCDC
Director-General the power to order the isolation of people having
or suspected to have an infectious disease for a period of time
subject to the discretion of the DG. It added that such persons,
including those who have recently recovered or being treated for
such a disease, remain in isolation or be treated in their own
dwelling place.
Section 17, under Abatement of Overcrowding, the bill prescribes
that if in the opinion of the NCDC DG, a building is so overcrowded
as to expose the occupants to the risk of infection by an
infectious disease, the DG may by written notice direct the owner
or occupier of the building to abate the overcrowding or to close
the building or part thereof within the time specified in the
notice.
The bill listed no fewer than 45 diseases. They include Acquired
Immune Deficiency Syndrome, Avian Influenza, Campylobacteriosis,
Chikungunya, Fever, Cholera, Dengue Fever, Dengue Haemorrhagic
Fever, Diphtheria, Encephalitis, Viral Haemophilus Influenzae Type
b Disease, Hand, Foot and Mouth Disease, Hepatitis, Viral Human
Immunodeficiency Virus Infection, Legionellosis, Leprosy, Malaria,
Measles, Melioidosis, Meningococcal Disease, Mumps, Nipah Virus
Infection, Paratyphoid, Pertussis, Plague, Pneumococcal Disease
(Invasive), Poliomyelitis, Rubella, Salmonellosis and Severe Acute
Respiratory Syndrome.
Others include Swine Influenza, Typhoid, Tuberculosis, Yellow
Fever, Sexually Transmitted Infections — Chlamydia Genital
Infection; Genital Herpes, Gonorrhea; Non-Gonococcal Urethritis;
and Syphilis.
The second schedule of diseases include; Dangerous Infectious
Diseases, Plague, Severe Acute Respiratory Syndrome, Yellow Fever,
Coronavirus disease, Diphtheria, Measles, Polio, and
Meningitis.
Melaye has joined many other Nigerians to condemn the bill which
has been widely described as Colonial and Draconian. In his
reaction, Melaye said the bill is against the constitution of the
Federal Republic of Nigeria and an outright abuse of the
humanrights of Nigerians. He pointed out that the bill amongst
other things encourages forceful vaccination of persons against
their wish.
On Monday morning, he approached the Federal High Court Abuja to
file a lawsuit against the Speaker, Femi Gbajabiamila. Others
joined in the suit include the Clerk of the National Assembly,
Clerk of the House of Representatives, Attorney General of the
Federation and the Inspector General of Police.
No date has been fixed for hearing.