The Minister of Health, Dr Osagie Ehanire and other stakeholders including Inter-Religious Council invited to make inputs into the Control of Infectious Diseases bill, 2020 on Thursday frowned at the certain provisions of the proposed legislation which bother on infringements of human rights, extant health policies and breach of the powers of the Courts to adjudicate on grievances.
The stakeholders expressed the concerns at the resumed public hearing held at the instance of the joint House Committee on Control of Infectious Diseases bill, 2020.
While speaking on the provisions of the Third Schedule on vaccination and other prophylaxis in Sections 10, 29(1), 31(1, 2), 35, 38(1b & 2), 40(2 & 3), 42(2), 43(1b) & 43(3, 4 & 5), the Minister argued that the sections are at odds with the Ministry’s position on who should be vaccinated before travelling to Nigeria and where vaccination can be obtained in Nigeria, conflicts with the powers of the Port Health Services
“The Federal Ministry of Health has recently reviewed and updated Yellow Fever vaccination and prophylaxis that should inform this section. This review was developed, articulated and is being implemented by Port Health Services (under the public health department) at all points of entry.”
The Minister also argued that Section 17(1), 19(5) and 20(5) on the right of appeal are suggestive of an exhaustive right of appeal which cannot be redressed even by the Courts by making the Minister the final arbiter for an aggrieved party, adding that the sections have ousted the powers of the Courts to adjudicate on any grievance.
In the same vein, the NCDC Director-General, Dr Chikwe Ikhpeazu argued that the bill “fails to address other essential aspects of the control of infectious disease including issues relating to One Health, coordination with States and other component authorities and human rights.
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“Critical issues such as information sharing among key stakeholders and the funding of the management of the infectious disease are copiously absent. The bill also reveals significant coordination gaps between the relevant authorities, roles and responsibilities of component and data protection issues. In its current form, the bill is not comprehensive and several of its provisions do not conform with the international health regulations.”
In its position paper signed by the Co-chairmen, Sultan of Sokoto, Alhaji Muhammad Sa’ad Abubakar; Rev’d Dr Samson Samson Ayokunle and its Executive Secretary, Prof. Cornelius Omonokhua on behalf of the Nigeria Inter-Religious Council (NIREC), the Group urged that “any vaccine must first undergo intensive and extensive tests, regulations, production before sale and application,” adding that “Coronavirus vaccine should not be made mandatory for any citizen under any condition.”
While urging that religious, cultural, political and other factors such as the system of government should be considered in the course of enacting the law, the Council called for a thorough examination of the ill vis-à-vis the fears exercised by Nigerians as it relates to “so much” powers given to the NCDC Director-General which may be used to trample upon liberties of the citizens.
“Some of these powers include arrest and search without a warrant, closure of premises, etc. the bill should be meant to address challenges during public health emergencies such as the one we have now about COVID-19. Therefore, there is need to critically revisit section 13, which empowers the DG t arrest and detain, for as long as he desires, any person whom he suspects to have an infectious disease or to have recovered from one as this may be interpreted as an abuse of human freedom.
“We call for a rethink since section 37 of the 1999 Constitution guarantees citizens their privacy, their homes, correspondence; telephone conversations and telegraphic communications and section 34(1) guarantees every individual ‘respect for the dignity of his person. We recommend strict adherence to the internal mechanisms in the bill to deal with abuse of powers,” the NIREC Council said.
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