While commending the Federal Government and many states for their commendable efforts in handling the COVID-19 pandemic, the lawmaker representing Enugu West Senatorial District, wondered why the Federal Government failed to invoke Section 305 of the Constitution.

“I think the pandemic itself is an emergency situation that requires emergency response.  But some of the things we have done can only be accommodated under the Doctrine of Necessity because we have done things that are infringements to our own Constitution.

“Let me make myself clear, the response itself and actions taken by the Federal Government and the stakes have taken were absolutely necessary. But legally speaking, they failed the test of constitutionality because a lot of human rights contained in the Constitution have been infringed. That was why I said they could only be accommodated under the doctrine of necessity.

“We have seen shutdowns. We have seen closure of state borders. Those things are certainly not in tandem with a democratic society because if we weigh them strictly against the Constitution, nobody can be stopped from moving from one part of the country to the other. You cannot stop people from going to church or going to market.

“But the Constitution envisaged such situations and provided for them. If you go to Section 45, you would see that the human rights could be legally abridged if there is a State of Emergency properly declared by the President. These are the provisions the Constitution has made to manage a situation like COVID-19, which we could have followed.

“So, I expected the President to take advantage of Section 305 of the Constitution, which deals with emergency powers or State of Emergency. The President could have simply declared a State of Emergency and send the gazette containing the emergency to the National Assembly. The National Assembly is enjoined to accept or reject it within fourteen days. But until that happens, the Proclamation takes effect.

“A Governor can also ask the President, through a resolution of the State House of Assembly, to declare a State of Emergency in a state or any part thereof. 
All said, this is not a time to be legalistic, but going forward we should know that if we make laws for ourselves, we need to obey the law.

“Over all, so far so good. The governments at the centre and in many of the states have done well in managing the pandemic” Ekweremadu concluded.