COVID 19: Ekiti To Prosecute Persons Who Deliberately Infect Others, Releases Advisory To Security Agencies On Enforcing Measures — AG, Fapohunda

The Attorney-General of Ekiti State, Olawale Fapohunda, has released an Advisory to LAW ENFORCEMENT AGENCIES ON ENFORCEMENT OF MEASURES TO MITIGATE SPREAD OF COVID-19 IN EKITI STATE”.

According to the Advisory which is dated 23rd of May, 2020 and made available to TheNigeriaLawyer (TNL), the purpose of the advisory is to “clarify the legal framework for the effective prosecution of persons who violate state-sanctioned measures for the prevention of the spread of COVID-19 Ekiti state.”

The sanctioned measures in question include the temporary prohibition of large assemblages and events, temporary school closures and the prohibition of excess passengers in commercial vehicles.

Under the new measures, persons who deliberately infect others with coronavirus will be prosecuted for the offences of assault, attempted murder, and murder as applicable.

Also in a bid to prevent fake news on coronavirus, any person who publishes false news about the virus on any medium including social media, will in addition to being prosecuted under the Criminal Code Law of Ekiti State be prosecuted under the Cybercrime Act.

Similarly, the advisory states that a law officer may with the guidance of a medical practitioner use reasonable force to arrest “a person who has been clinically or by a laboratory-confirmed as having COVID -19” and refuses treatment and quarantine. Such a person is to be detained at the authorised state isolation centre.

On the issue of Human Rights, the Attorney- General stated that the enforcement powers do not give room for any law enforcement officer to harass or violate the fundamental rights of any resident of the State.

The advisory reads in part:

“The government of Ekiti State is committed to the promotion and protection of the rights of all those living in Ekiti State regardless of their gender, ethnic origin, economic status, religion or any other attribute.

“None of the measures adopted by the government to mitigate the spread of coronavirus should be interpreted to give any law enforcement officer the power to violate the rights of any citizen except under circumstances prescribed by law.

“All Law Enforcement Officers shall in the course of enforcing state-sanctioned measures for the prevention of the spread of COVID-19 ensure respect for and observance of constitutional provisions on Human Rights as provided for in Chapter 4 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).

“Where a Law Enforcement Officer willfully and unlawfully violates the rights of a citizen, such conduct amounts to gross misconduct and such officer may be liable to criminal prosecution without prejudice to the right of the victim to seek civil remedies such as compensation,”