There Is Indeed Law Criminalising Disobedience To The Government’s Directives/Orders Issued And Or Made In Curbing Covid-19 In Nigeria By Hameed Ajibola Jimoh Esq.

There have been some opinions that there is no law criminalizing any violation and or disobedience to any directive/order issued and or made by the government in curbing Corona Virus-herein after referred to as Covid-19. This paper is however of the contrary view and to the submission that there are indeed at least a criminal law criminalizing such disobedience by any citizen, using and or citing the Penal Code Act, Laws of FCT-Abuja, 2007, as a case study while advising specific study of other criminal laws of each State of the Federation relevant to that of the Penal Code Act of the FCT-Abuja.

First and foremost, the ‘doctrine of necessity’ is defined by the Wikipedia online thus ‘The doctrine of necessity is the basis on which extra-legal actions by state actors, which are designed to restore order, are found to be constitutional. It also includes the ability of a private person to violate a law without punishment where the violation of law was necessary to prevent even worse harm. The maxim on which the doctrine is based originated in the writings of the medieval jurist Henry de Bracton, and similar justifications for this kind of extra-legal action have been advanced by more recent legal authorities, including William Blackstone.’. It is my humble view that the doctrine of necessity has found its way into the constitutional law by virtue of section 315 of the Constitution which provides on ‘existing law’. It is no doubt that the doctrine of necessity is a common law doctrine. Section 315(1) of the Constitution provides that ‘315.—(1) Subject to the provisions of this Constitution, an existing law shall have effect with such modifications as may be necessary to bring it into conformity with the provisions of this Constitution and shall be deemed to be— (a) an Act of the National Assembly to the extent that it is a law with respect to any matter on which the National Assembly is empowered by this Constitution to make laws ; and (b) a Law made by a House of Assembly to the extent that it is a law with respect to any matter on which a House of Assembly is empowered by this Constitution to make laws.’. Furthermore, by section 315(4)(b) of the Constitution, ‘existing law’ is defined as ‘(4) In this section, the following expressions have the meanings assigned to them, respectively—(b) “existing law” means any law and includes any rule of law or any enactment or instrument whatsoever which is in force immediately before the date when this section comes into force or which having been passed or made before that date comes into force after that date;’. (Underlining is mine for emphasis). This in my view is to the submission that the ‘doctrine of necessity’ is part of rule of law.

Now, on whether there is any criminal law available criminalsing disobedience of such directive, I wish to say yes, there is indeed provision criminalizing such disobedience to the order or dicrective made by the government in this circumstance on the doctrine of necessity! I wish to refer the reader to section 152 of the Penal Code Act, Laws of FCT-2007- where the disobedience to any order made by the government on the doctrine of necessity in the FCT-Abuja is a ‘criminal contempt’ and I believe that other States of the Federation have their laws to the same effect thus ‘152 ‘whoever, knowing that by an order promulgated by a public servant legally empowered to promulgate such order he is directed to abstain from certain act, or to take certain action with respect to certain property in his possession or under his management, disobeys such direction, shall-

• If such disobedience causes or tends to cause obstruction, annoyance or injury or risk obstruction, annoyance or injury to any person lawfully employed, be punished with imprisonment for a term which may extend to three months or with fine which may extend to forty naira or with both;
• If such disobedience causes or tends to cause danger to human life, health or safety or causes or tends to cause a riot or affray, shall be punished with imprisonment for a term which may extend to six months or with fine which may extend to one hundred naira or with both’. (Underlining is mine for emphasis).

Therefore, in my humble view, and with due respect to those critics, any disobedient citizen in the FCT-Abuja to the directive made by the government on the doctrine of necessity which has been recognised and adopted by section 315 of the Constitution as an existing law shall be dealt with under section 152 of the Penal Code Act (FCT-Abuja, supra).

Finally, it is my hope that there are indeed at least a criminal law criminalizing such disobedience by any citizen, using and or citing the Penal Code Act, Laws of FCT-Abuja, 2007, as a case study while advising specific study of other criminal laws of each State of the Federation relevant to that of the Penal Code Act of the FCT-Abuja. Nevertheless, government should not violate the right of any citizen under any guise without any reasonable and justifiable reason in a democratic civil society. Any disobedient citizen of the FCT, Abuja, can be arrested and prosecuted in the court of law under section 152 of the Penal Code (supra).

Email: hameed_ajibola@yahoo.com