COVID-19: Why lawyers are essential workers
Introduction
In order to forestall a countrywide spread of Coronavirus
otherwise known as Covid-19, the President of the Federal Republic
of Nigeria, Muhammadu Buhari, issued the Covid-19 Regulations 2020
pursuant to enabling powers conferred on him under the Quarantine
Act 1926. Pursuant to the Covid-19 Regulations, the President
imposed a lockdown on the Federal Capital Territory, Lagos and Ogun
States. Acting under the Public Health Law of their respective
states, some State Governors have also issued similar instruments
imposing lockdown, social and physical restrictions in their
States.
Specifically, certain persons and institutions are exempted from
the application of the Covid-19 Regulations and similar
instruments. These are designated as persons or institutions
providing essential services, such include health services,
electricity workers, food providers, security agencies and
financial institutions. In relation to justice administration, the
Covid Regulations provides that Courts will sit during the lockdown
only on matters that are urgent and time bound but it is silent on
the status of legal practitioner who appear before these
courts.
Based on the reasons enunciated anon, this piece advocates that
lawyers are essential service providers and should be designated as
such under the Covid-19 Regulations and similar instruments.
Fair hearing and legal representation
Nigeria is a democracy administered according to the Rule of
Law. One of the components of the Rule of Law as propunded by A.V.
Dicey is the existence of fundamental rights and that these will be
adequately protected by the State. One of such fundamental rights
guaranteed by the Constitution of the Federal Republic of Nigeria
1999 is the right to legal representation. Section 36(6)(c) of the
Constitution invests in any person charged with the commission of a
criminal offence the inalienable right to defend himself in person
or by a legal practitioner of his choice. It must be stressed that
this right is not subject to any exception or derogation under any
law, not even under section 45 of the Constitution.
Flowing from the above premise, every person arraigned before a
Mobile Court for violation of any lockdown or social distancing
rule under the Covid-19 Regulations or similar instruments is
entitled to the services of a lawyer. The fact that the procedure
before a Mobile Court is that of a summary trial does not detract
from the mandatory constitutional requirement that such a trial
must be fair. A trial cannot be fair unless a person accused is
allowed to properly defend himself. Being a right enshrined in the
Constitution itself, the entitlement to counsel in a criminal trial
cannot be relegated or taken away by a law surbordinate to the
Constitution.
Despite envisaging in section 45 that certain rights could be
relegated to abeyance in a period of an emergency, the framers of
the Constitution in their wisdom excluded the right to fair hearing
(which includes the right to be represented by a lawyer) from such
exception. Thus, as long as the various Mobile Courts set up to try
offenders against the Quarantine Act or Covid-19 regulations or
similar instruments exist, lawyers, both for the prosecution and
defence, are essential to the proper functioning of these
Courts.
It could be contended that the participation of defence lawyers
in the proceedings of the Mobile Courts could delay or slow down
the work of the mobile courts and the pace of progress made in the
apprehension of violators of the Regulations, this is not the case
given that there are several ways that a defence counsel can assist
the Mobile Courts in speedy and just dispensation of justice
without necessarily resorting to delay.
One method is to invoke the plea bargain provisions of the
Administration of Criminal Justice Act 2015 or collaborate with the
prosecutor to compound the offence in any other lawful manner. In
addition, a defence counsel can assist to reduce the punishment of
a defendant through his allocutus. In current times where most
violations of lockdown regulations are induced by hardship and not
willful disobedience, justice can only be served where a defendant
is allowed reasonable opportunity to explore necesary
constitutional safeguards.
Legal services and the legal profession are essential to the
success of government’s fight against the spread of Covid-19. This
is more apparent in view of the request to the Chief Justice of
Nigeria by the President of the Federal Republic for commencement
of speedy trial of pending criminal cases to enable decongestion of
the various correctional centres across the country, thus
curtailing the spread of the virus in those facilities.
Human Rights Violations
Recent reports suggest that about 18 lives were lost through the
brutality and recklessness of security operatives during the
lockdown in the past one month. Such pathetic stories of killings
of hapless citizens by security personnel could be averted. Since
enforcement of lockdown is not a war, it should not be exclusively
the business of uniformed persons. The designation of lawyers
recommended by the Nigerian Bar Association as members of lockdown
enforcement teams across the country would have been instrumental
to ensuring the reduction of violations of human rights experienced
so far.
Designating lawyers as essential workers and co-opting them into
lockdown enforcement groups would go a long way in reducing
incidents of human rights violations during the lockdown, thus
salvaging the country’s already bad human rights image from further
damage.
Economy
Given the fact that global economy is projected to nosedive post
Covid-19 as now being evidenced in the crash of oil prices in the
international market, Nigeria is not insulated from the looming
global economic crisis. Given this sad reality, it has become
imperative for government at all levels to harness all resources at
their disposal towards managing the economic impact of Covid-19.
The role of lawyers and courts in this regards cannot be
downplayed.
It is common knowledge that the Federal Government has been
recovering/repartrating huge amount of stolen funds from some
foreign countries. Similarly, the Federal Government has in the
past years recovered some illegally acquired government properties
through the procedure of non-conviction based assets forfeiture.
The proceeds of these exercises have helped to provide support for
the country’s ailing economy.
The role of lawyers and courts in cushioning the impact of Covid-19
on the economy cannot in be downplayed. To this extent, lawyers and
courts are indispensable at a period like this.
It is in the light of these circumstances that the new Post
Covid-19 Justice Policy issued by the Hon. Attorney General of the
Federation and Minister of Justice, Mr. Abubakar Malami, SAN which
proposes an IT driven court system is commendable. Hon. Malami’s
proactive disposition in this regards lends credence to the fact
that courts and legal business must not, under any circumstance, be
shut down given that the Rule of law cannot be extricated from a
functional society.
Conclusion and Recommendation
The initiatives and efforts of the Federal Government so far in
curbing the Covid-19 pandemic is commendable even though it is not
yet uhuru.
Considering the fact that lawyers are crucial stakeholders in
Government’s fight against Covid-19 and even more crucial in post
Covid-19 stabilisation of the polity, it is humbly suggested that
the Honourable Attorney of the Federation, Mr. Abubakar Malami, SAN
makes a case for the designation of lawyers as essential workers
during the period of the Covid-19 lockdown.
Long live the legal profession.
Long live the Federal Republic of Nigeria.
Vincent Adodo, Esq.
Legal Practitioner.
COVID-19: Why lawyers are essential workers
Introduction
In order to forestall a countrywide spread of Coronavirus
otherwise known as Covid-19, the President of the Federal Republic
of Nigeria, Muhammadu Buhari, issued the Covid-19 Regulations 2020
pursuant to enabling powers conferred on him under the Quarantine
Act 1926. Pursuant to the Covid-19 Regulations, the President
imposed a lockdown on the Federal Capital Territory, Lagos and Ogun
States. Acting under the Public Health Law of their respective
states, some State Governors have also issued similar instruments
imposing lockdown, social and physical restrictions in their
States.
Specifically, certain persons and institutions are exempted from
the application of the Covid-19 Regulations and similar
instruments. These are designated as persons or institutions
providing essential services, such include health services,
electricity workers, food providers, security agencies and
financial institutions. In relation to justice administration, the
Covid Regulations provides that Courts will sit during the lockdown
only on matters that are urgent and time bound but it is silent on
the status of legal practitioner who appear before these
courts.
Based on the reasons enunciated anon, this piece advocates that
lawyers are essential service providers and should be designated as
such under the Covid-19 Regulations and similar instruments.
Fair hearing and legal representation
Nigeria is a democracy administered according to the Rule of
Law. One of the components of the Rule of Law as propunded by A.V.
Dicey is the existence of fundamental rights and that these will be
adequately protected by the State. One of such fundamental rights
guaranteed by the Constitution of the Federal Republic of Nigeria
1999 is the right to legal representation. Section 36(6)(c) of the
Constitution invests in any person charged with the commission of a
criminal offence the inalienable right to defend himself in person
or by a legal practitioner of his choice. It must be stressed that
this right is not subject to any exception or derogation under any
law, not even under section 45 of the Constitution.
Flowing from the above premise, every person arraigned before a
Mobile Court for violation of any lockdown or social distancing
rule under the Covid-19 Regulations or similar instruments is
entitled to the services of a lawyer. The fact that the procedure
before a Mobile Court is that of a summary trial does not detract
from the mandatory constitutional requirement that such a trial
must be fair. A trial cannot be fair unless a person accused is
allowed to properly defend himself. Being a right enshrined in the
Constitution itself, the entitlement to counsel in a criminal trial
cannot be relegated or taken away by a law surbordinate to the
Constitution.
Despite envisaging in section 45 that certain rights could be
relegated to abeyance in a period of an emergency, the framers of
the Constitution in their wisdom excluded the right to fair hearing
(which includes the right to be represented by a lawyer) from such
exception. Thus, as long as the various Mobile Courts set up to try
offenders against the Quarantine Act or Covid-19 regulations or
similar instruments exist, lawyers, both for the prosecution and
defence, are essential to the proper functioning of these
Courts.
It could be contended that the participation of defence lawyers
in the proceedings of the Mobile Courts could delay or slow down
the work of the mobile courts and the pace of progress made in the
apprehension of violators of the Regulations, this is not the case
given that there are several ways that a defence counsel can assist
the Mobile Courts in speedy and just dispensation of justice
without necessarily resorting to delay.
One method is to invoke the plea bargain provisions of the
Administration of Criminal Justice Act 2015 or collaborate with the
prosecutor to compound the offence in any other lawful manner. In
addition, a defence counsel can assist to reduce the punishment of
a defendant through his allocutus. In current times where most
violations of lockdown regulations are induced by hardship and not
willful disobedience, justice can only be served where a defendant
is allowed reasonable opportunity to explore necesary
constitutional safeguards.
Legal services and the legal profession are essential to the
success of government’s fight against the spread of Covid-19. This
is more apparent in view of the request to the Chief Justice of
Nigeria by the President of the Federal Republic for commencement
of speedy trial of pending criminal cases to enable decongestion of
the various correctional centres across the country, thus
curtailing the spread of the virus in those facilities.
Human Rights Violations
Recent reports suggest that about 18 lives were lost through the
brutality and recklessness of security operatives during the
lockdown in the past one month. Such pathetic stories of killings
of hapless citizens by security personnel could be averted. Since
enforcement of lockdown is not a war, it should not be exclusively
the business of uniformed persons. The designation of lawyers
recommended by the Nigerian Bar Association as members of lockdown
enforcement teams across the country would have been instrumental
to ensuring the reduction of violations of human rights experienced
so far.
Designating lawyers as essential workers and co-opting them into
lockdown enforcement groups would go a long way in reducing
incidents of human rights violations during the lockdown, thus
salvaging the country’s already bad human rights image from further
damage.
Economy
Given the fact that global economy is projected to nosedive post
Covid-19 as now being evidenced in the crash of oil prices in the
international market, Nigeria is not insulated from the looming
global economic crisis. Given this sad reality, it has become
imperative for government at all levels to harness all resources at
their disposal towards managing the economic impact of Covid-19.
The role of lawyers and courts in this regards cannot be
downplayed.
It is common knowledge that the Federal Government has been
recovering/repartrating huge amount of stolen funds from some
foreign countries. Similarly, the Federal Government has in the
past years recovered some illegally acquired government properties
through the procedure of non-conviction based assets forfeiture.
The proceeds of these exercises have helped to provide support for
the country’s ailing economy.
The role of lawyers and courts in cushioning the impact of Covid-19
on the economy cannot in be downplayed. To this extent, lawyers and
courts are indispensable at a period like this.
It is in the light of these circumstances that the new Post
Covid-19 Justice Policy issued by the Hon. Attorney General of the
Federation and Minister of Justice, Mr. Abubakar Malami, SAN which
proposes an IT driven court system is commendable. Hon. Malami’s
proactive disposition in this regards lends credence to the fact
that courts and legal business must not, under any circumstance, be
shut down given that the Rule of law cannot be extricated from a
functional society.
Conclusion and Recommendation
The initiatives and efforts of the Federal Government so far in
curbing the Covid-19 pandemic is commendable even though it is not
yet uhuru.
Considering the fact that lawyers are crucial stakeholders in
Government’s fight against Covid-19 and even more crucial in post
Covid-19 stabilisation of the polity, it is humbly suggested that
the Honourable Attorney of the Federation, Mr. Abubakar Malami, SAN
makes a case for the designation of lawyers as essential workers
during the period of the Covid-19 lockdown.
Long live the legal profession.
Long live the Federal Republic of Nigeria.
Vincent Adodo, Esq.
Legal Practitioner.