Reps pass controversial Infectious disease bill through Third Reading

The House of Representatives, on Tuesday, passed through Third Reading the controversial bill which seeks to repeal the Quarantine Act and enact Public Health Emergency bill.

The bill seeks to make provisions relating to quarantine and make regulations for preventing the introduction into and spread in Nigeria of declared infectious diseases, and for other related matters.

While speaking on the Committee’s report, chairman, House Committee on Health Services, Hon Tanko Sununu, explained that the Bill which contains 6 parts and 81 sections, is aimed at getting the country positioned to address public health challenges caused by infectious chemicals, radiations and other agents.

He said: “The bill was passed for second reading, it was aimed at getting the country positioned to address public health challenges caused by infectious chemicals, radiations and other agents. It contains 6 parts and 81 sections.

“The Committee deliberated severely and conducted a well-attended public hearing and organized a report drafting section to all members of the committee to produce the report as presented. After a diligent consideration, I wish to seek the leave of the chairman for the report to be considered by the committee of the whole. The bill has the capacity to improve the health system in Nigeria.”

As encapsulated in the objectives of the proposed bill, it seeks to “prevent, combat and eradicate the transmission of declared infectious diseases; prevent, combat and eradicate public health emergency; mobilise available skilled manpower and resources towards combating public health emergency; ensure effective coordination and management among the three tiers of governments, Ministries, Departments and Agencies during public health emergency and provide appropriate framework for effective interaction among Federal, State and Local Governments during public health emergency.

It provides that the provisions of the bill shall become effective sequel to the declaration of public health emergency by the President, as well as establish the Task Force on public health emergency which shall be responsible for the administration of this Bill.

As provided in section 3 of the bill, the dangerous infectious disease means cholera, plague, yellow fever, smallpox and typhus, and includes any disease of an infectious or contagious nature which the President may, by notice, declare to be a dangerous infectious disease within the meaning of this Act.

Clause 5 which provides for the penalties, states that ‘Any person contravening any of the regulations made under this Act shall be liable to a fine of N200 or to imprisonment for a term of six months or to both.

Clause 10(a & b) further provides that: “Any person who refuses or fails, without reasonable excuse, to comply with an order made under subsection (1) shall, be guilty of an offence and without prejudice to any proceedings which may be taken against the person, be arrested through warrant obtained from the mobile court or in line with relevant extant Acts.”

Recall that bill was stepped down sequel to allegations bothering on the alleged $10 million bribe leveled against House of Representatives to fast-track speedy passage of the bill which was sponsored by Hon Femi Gbajabiamila.

In the same vein, the Nigeria Governors’ Forum (NGF) who spoke through its Chairman, Governor Kayode Fayemi during the public hearing held on Wednesday, June 10, 2020, kicked against the provisions in the proposed bill, harped on the need to give requisite powers on the State Governors to declare a place to be an infectious area.

Specifically, the Governors recommended that the “Provisions along the lines of section 8 of the Quarantine Act should be inserted in the new Bill to allow State Governors the power to declare a place to be an infectious area and to make regulations and directives towards prevention and further spread of an infectious disease within the State, where the President is yet to do so.

“It is the position of the NGF that powers beyond those granted by S. 8 of the Act should be conferred on the Governors so as to strengthen their ability to act in this regard. Governors should be conferred the power to declare any place within their State an infected area within the contemplation of the Act.

“State Governments should be given powers to establish States Centre for Disease Control and appoint Directors to work with the NCDC as its sub-national units (very much like the Federal Ministries and their State equivalents) to adequately tackle any outbreak of infectious disease in the States.

“The discretionary powers of the President and the Director General of the NCDC should be reviewed with the aim of spreading same among the authorities of the three tiers of Government. This would ensure that everyone is adequately involved in the efforts to confront any outbreak of an infectious disease.

“Provisions like S. 21 (5) that are inconsistent with the Constitution should be expunged as they are without more, unlawful and cannot stand scrutiny,” Governor Fayemi urged.

In the same vein, Interim Chairman, Alliance on Survival of COVID-19 and Beyond (ASCAB), Barr. Femi Falana who presented the Group’s position paper explained that: “having carefully perused the provisions of the Bill, we can confidently say that we consider it a potentially dangerous piece of legislation that we recommend should be completely rejected in toto. For convenience, we divide the disturbing implications of the Bill into two, and make an attempt at addressing the constitutional, legal and policy issues arising therefrom.”

Barr. Falana who described the bill as “smacks of dictatorship”, observed that the bill “only reinforcing and overwhelming voice is that of dictatorship. The Bill grants unfettered discretionary and overbearing powers to the Director General of Nigerian Centre for Disease Control, the Police and Health Officers. The reproduction of some of the provisions of the Bill would be helpful, in driving home this point,” he urged.

He maintained that “the Bill is superfluous, potentially illegal and unconstitutional,” maintained that the proposed legislation “poses a danger to the human rights of the Nigerian People.

“We acknowledge that all rights are important and inseparable, but some are so fundamental that they have attained the stature of being the hallmark of constitutional democracy. State actors and fellow citizens ought not to put fundamental rights in jeopardy but must duly observe, uphold and respect them. Concerning fundamental rights, all actors must maintain utmost self-restraint. Amongst these rights are the right to life and the means of sustaining life, the Right to Liberty, Freedom of Association, the Right to Ownership of moveable and immovable property, as well as the Right to the Dignity of the human person.”

With the passage of the bill, the Speaker is expected to transmit the bill to the Senate for concurrence.

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Reps pass controversial Infectious disease bill through Third Reading