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The preservation and protection of the fundamental rights of citizens in society is a sacred obligation of government. This obligation is legislated. Democracy as a concept is a strong proponent of human rights elevation so it yearns for an egalitarian society where the truth is held out to be self-evident that all men are created equal.

In view of the foregoing therefore, the growing killings and human rights abuses by securities operative enforcing the COVID-19 lockdown across the country is worrisome. This mindless action runs way against the proclivities that depicts the sacred tenent of the principles of democracy. The security agencies must be cautioned and punished severely for taking the laws into their own hands. Their actions are inimical to the ideals of modern society and atrocious to its inhabitants.

It is important to note that the Quarantine Act Q2 LFN 2004, which was invoked by President Muhammadu Buhari upon which he subsequently made and signed a regulation and effected an order of a lockdown of Lagos State, Ogun and the Federal Capital Territory is not a punitive law but a preservative and a protective legislation.

Consequently, the regulations made therefrom by the President is not punitive either, it’s a persuasive regulation not intended to weigh penal prognosis against the citizens of Nigeria. If the Quarantine Act is not a penal law it follows therefore that any regulations therefrom or enforcement for non-compliance cannot be punitive but corrective and persuasive to enhanced compliance in the long run.

This should be passed down to the security operatives. The fundamental right violence under this lockdown must be addressed by this government and such must cease forthwith. The law which empowered the President to make regulatory order in times like this intended that such regulations should be far-reaching to the extent that it is applied for the preservation and protection of lives and properties and not the other way round. Therefore shooting people in the name of enforcing a preservative legislation is rather unfortunate and counter-productive.

This must stop!

Evans Ufeli Esq is a Lagos based legal practitioner and Executive Director Cadrell Advocacy Centre.

evanylaw@yahoo.com

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