The NCDC “Infectious Diseases Bill”: A Threat To Our Democracy By Keulere Nabil Olarewaju

The NCDC (Nigeria Centre for Disease Control) is the body established by an act of the national assembly in 2018 to see to the control of diseases/outbreak in the country.

In some days ago, the Nigeria House of Representatives proposed a bill titled “The Infectious Diseases Bill” sponsored by the honourable speaker Hon. Femi Gbajabiamila, the bill which seeks to replace the National Quarantine Act of 2004 and the Quarantine Act of 1926, by providing special powers that would allow the government to curb future outbreaks.

The bill was able to pass the first and second reading stage on that very day some members of the house intends for the third reading on that very day while the others opposed. Although, it was later directed to the appropriate body and another day will be slated for the third reading.

The bill has generated alot of controversies amidst the citizens. It was alleged that if pass to law, it will amount to abuse of fundamental rights. Some are of the opinion that it will mount unnecessary power to the NCDC D.G, health workers and the police while  some accused it of a complete plagiarism of Singapore Infectious Diseases Acts of 1977.

Nevertheless, this article shall try to discuss the afformentioned matters as to what extent the bill will contravenes the Constitution of the Federal Republic of Nigeria.

To start with, the honourable members of the legislative arms of government are saddled with the responsibility of making law for betterment of the people. Section 4 of the Constitution of the Federal Republic of Nigeria provides for the legislature to make law for the betterment of the country. Although, they were elected by the people and the people also has right on to decide. Before a bill can become a law, public hearing should be considered so that the law will be auchtotonous. The first mistake in the bill is not giving room for public hearing as this bill is a germane one.

Secondly, the bill tends to give an unnecessary power to the Minister of health and the NCDC D.G as the word D.G appears in 134 times against the disease which appears in just 14 times.

Some of the unnecessary power which will amount to power abuse is what the section 15 of the proposed bill provides. It provided thus:

15-(1) 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.

(2) 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.

(3) The Director General may, in relation to an isolation area, by order —

(a) prohibit any person or class of persons from entering or leaving the isolation area without the permission of the Director General;

(b) prohibit or restrict the movement within the isolation area of any person or class of persons;

(c) prohibit or restrict the movement of goods;

(d) 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;

(e) 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

(f) prohibit, restrict, require or authorise the carrying out of such other act as may be prescribed.

(4) A Health Officer or a police officer may take any action that is necessary to give effect to an order under subsection (3).

(5) Any person who, without reasonable excuse, contravenes an order under subsection (3) shall be guilty of an offence.

(6) 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 police officer, or by any Health Officer authorised in writing in that behalf by the Director General.

(7) Without prejudice to any of the orders which the Director may make under this Act, the Director General may issue an order under section 15 against a person who is arrested under subsection (6) as if he were a person referred to in that section.

(8) 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).

Taking a crucial look at the section 5(4) what is the intention of the bill by saying any action? Is it that an health officer is constitutionally backed to inject any person to death under the disguise of effecting an order? Or a police officer is allowed to shoot anyone under the constitutional disguise of effecting an order?

Also a look at the subsection 6 of the section which gives a room for a police officer or any health officer to arrest without warrant is a big abuse of fundamental rights! When did a health officer turns to be the D.P.O or a judge who can arrest? Section 24 of the Police act state thus:

24. Power to arrest without warrant

(1) In addition to the powers of arrest without warrant conferred upon a police officer

by section 10 of the Criminal Procedure Act, it shall be lawful for any police officer and any person whom he may call to his assistance, to arrest without warrant in the following cases-

[Cap. C41.]

(a) any person whom he finds committing any felony, misdemeanour or simple offence, or whom he reasonably suspects of having committed or of being about to commit any felony, misdemeanour or breach of the peace;

(b) any person whom any other person charges with having committed a felony or misdemeanour;

(c) any person whom any other person-

(i) suspects of having committed a felony or misdemeanour; or

(ii) charges with having committed a simple offence, if such other person is willing to accompany the police officer to the police station and to enter into a recognisance to prosecute such charge.

(2) The provisions of this section shall not apply to any offence with respect to which it is provided that any offender may not be arrested without warrant.

(3) For the purposes of this section the expression felony, misdemeanour and simple offence shall have the same meanings as they have in the Criminal Code.

The criminal procedure act, section 10 also strength the above  provision.

With the provision of the NCDC, a great disrupt will be made on people’s fundamental rights.

Another section which also contravenes the existing constitution is the section 20 of the bill, it completely limits the right to association as provided by section 40 of the Constitution of the Federal Republic of Nigeria.

To make everything worst, section 58 of the proposed bill turns all citizens to be guilty until proved innocent. With the clause “he has reason to believe”………The burden of prove is therefore on the citizens. What mystery! A cross look at the section shows that much is secret about the provisions of the bill.

To crown the worst, Section 71 of the Constitution state thus:

Protection from personal liability

71. No liability shall lie personally against the Director-General, any Health Officer, any Port Health Officer, any police officer or any authorised person who, acting in good faith and with reasonable care, does or omits to do anything in the execution or purported execution of this Act.

Even when the D.G, health officer or police officer is completely at fault! What a mystery? Why will a head of a said department not be accountable to the happenings of the department? What a diplomatic immunity!

This days where the D.G of NCDC and Ministry of health is headed by professionals what if they were later politicized? The political head will just act on the wish of his superior master (President) even in contravention with the fundamental rights of the people!

In addition, the bill is a 100 percentage plagiarism of the Singapore Infectious Diseases Acts of 1977 which was made by an authoritarian. Is the provision of section 14 of the Constitution of the Federal Republic of Nigeria no more in place? Are we no more in a democratic state? What a big threat to our democracy?

In conclusion, if the NCDC “INFECTIOUS DISEASES BILL” passed into law it will seriously serve as a big threat to our democracy. Much most be done by our legislatures to see that the law is not sign into law and even when repealed, public hearing must be take into consideration.