Infectious diseases: How not to make a law
Much of the country’s public health laws relating to infectious diseases require an update, but many Nigerians have opposed the Control of Infectious Diseases Bill 2020 recently introduced in the House of Representatives, writes Legal Editor,he Control of Infectious Diseases Bill 2020 passed second reading in the lower legislative chamber in record time – less than two weeks after its introduction.
The Speaker noted that since the introduction of the Bill two weeks ago, there had been a barrage of criticisms against it, with allegations of sinister motives. The Bill which passed first reading on the floor of the upper legislative chamber, was immediately opposed by a former Deputy President of the Senate, Ike Ekweremadu .Some Nigerians including lawyers, Civil Society Organisations , human rights organisations and religious groups, have opposed both Bills, particularly the one in the House of Reps.
Some of those opposing the bill include the Peoples Democratic Party , Christian Association of Nigeria and a former Senator representing Kogi West Dino Melaye, who has filed a suit against Gbajabiamila and the government over the bill. “Among this denial of the fundamental human rights are: right to life, personal liberty, freedom from inhuman treatment, privacy, right to acquire/own property, freedom of movement and religion.
I dealt with infectious diseases in 1984 when a client of mine was compelled to take vaccination for heart disease and I told him that, if in the opinion of the doctor you are required to take it in the overall public interest, you must take it. An infected person doesn’t have a choice to say no, he must take it.”
“So, it is not correct, in fact, it is misleading on the part of the House of Representatives to say that it is amending the 1926 Quarantine Act because there is already a development between 1926 and now. You had the 2018 Act which has taken care of the entire provisions of the new bill. “The power to administer the Bill is vested in the Director-General of Nigeria Centre for Disease Control under the directive of the Minister. Please note that the office of the DG was created by another Act, the Nigeria Centre for Diseases Control Act,/ 2018 with powers and functions bestowed on him under that law.”
“The federal system of government in Nigeria was not considered in the Bill, thus there are no role for other tiers of government- , particularly the states as a federating unit. This is more serious, recognising the fact that health is an item in the concurrent legislative list in the 1999 Constitution.
Like the CSOs noted, the lawmaker also observed that the Bill attacks the rights of citizens under Chapter 4 of the Constitution dealing with Fundamental Human Rights, and also the African Charter on Human and Peoples’ Right Act, Cap. A9 Laws of the Federation of Nigeria, 2004: the United Nations Declaration on Human Rights, 1948 and International Convention on Civil and Political Rights, 1976 which are ratified by Nigeria and are thereby local legislations.
“Section 7 of the Bill empowers the DG, NCDC to order a post-mortem test, based on suspicion. No exception was considered and it is entirely at the discretion of the DG. This could breach the right to freedom of thought, conscience and religion in Section 38, 1999 Constitution.” “Section13 empowers the DG on mere suspicion to detain a citizen as long as he wishes without an order of a competent Court of law and he, of course, cannot be sued even where his suspicion turns out afterwards to be false or wrong, as Section 70 protects the DG and his agents from personal liability.”
“It is from the accumulation of these myriad views, suggestions and good faith critiques from within and outside the House that we will arrive at final legislation that meets the present and future needs of our country, and which we all can support in good conscience,” he said.
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