• Raises constitutional issues relating to inter-state freedom of movement
By Chudi Okoye
In a dramatic new measure to check the spread of coronavirus within its administrative territory, the government of Rivers State in Nigeria has announced that air, sea and land routes into the state will be closed to traffic starting from 6 p.m. local time on Thursday, March 26, 2020. The governor of Rivers State, Nyesom Wike, announced the new measure in a broadcast on Wednesday, March 25, 2020.
This appears to be the first of such move towards sequestration by a state government in Nigeria. In a country where state governments cannot raise a police force, it is unclear what instrument of states’ rights in Nigeria’s constitutional order enables such a measure.
Section 41 (1) of the Nigerian Constitution (1999) provides that “Every citizen of Nigeria is entitled to move freely throughout Nigeria and to reside in any part thereof, and no citizen of Nigeria shall be expelled from Nigeria or refused entry thereby or exit therefrom.”
The Constitution also states, at Section 41(2) that “Nothing in subsection (1) of this section shall invalidate any law that is reasonably justifiable in a democratic society,” but it is not clear if the power to enact such law vests in a state government.
Already, however, state governments in Nigeria, in response to the treat of COVID-19, are imposing social distancing rules which impinge on the rights to free assembly and movement, as enshrined in the Constitution.
In announcing the new measure, Governor Wike, himself a lawyer with a wife on the bench, said that this became necessary in view of recent developments.
The move seemed to have been precipitated by a specific incident raising the scare of coronavirus contagion. In his broadcast on March 25, Governor Wike alluded to the incident:
“It is with gratitude to God that I announce to you that our State would have been infected with coronavirus yesterday, but for the vigilance of security agents who, acting on a tip-off, prevented an infected person from boarding a flight from Abuja to Port Harcourt.”
He said that “the infected person beat all security measures that were put in place at the Nnamdi Azikiwe International Airport, Abuja and was to sneak into Port Harcourt before security agents stopped her.”
It seemed that the decision to close the state’s border’s arose from this incident. Wike confirmed this trigger in his broadcast:
“Based on this alarming Information, the State Security Council met yesterday and reviewed measures already put in place and decided that there was urgent need to adopt stringent measures to protect those living and doing business in the state from the virus.”
He said the State Security Council made the following decision which he said were “painful”:
“1. With effect from 6 p.m. on Thursday, March 26, 2020 , the Port Harcourt International Airport, Omagwa will not be open to air traffic. While we may not have the right to stop flights from entering Port Harcourt, we cannot allow anybody coming from the airport to enter our State. We are confident that the Federal Airports Authority of Nigeria (FAAN) and other federal agencies will cooperate with us.
“2. All Land and Sea Borders will be closed.
“3. Vehicular movements in an out of the state have been banned. In essence no vehicle will leave Rivers State for any other State and no vehicle will be allowed to enter the state.”
The Rivers State governor said that the new measures will remain in force “till further notice”.
He further noted: “Let me reiterate that the situation we are facing requires drastic measures because coronavirus has ravaged many countries.
“Security Agencies have been empowered to strictly enforce this directive. There will be no room for sacred cows because the virus is no respecter of persons.
“May I once again call for the support and understanding of everyone living and doing business in Rivers State to help the relevant Government Agencies implement these measures to check the spread of coronavirus to the state.”
Further appealing for public understanding of the drastic new measure, Governor Wike said: “At this time in our national life, we must shun primordial sentiments and face the reality on ground.
“I am confident that God being on our side, the temporary hardship we are facing today will come to an end very soon.”
Earlier, in a statement issued on Monday March 23, Governor Wike had announced the measures his government was putting in place to combat the COVID-19 menace. These included:
• Setting up border surveillance posts
• Setting up local government monitoring teams
• Banning of public burials and weddings
• Injunction against open religious worship
These measures were to take effect from March 24, 2020.
The governor also announced the closure of academic institutions and markets in the state
Most states in Nigeria, similar to the federal government, are introducing their own package of measures to combat the potential spread of coronavirus. Rivers State may be the first state, however, to shut down its borders. Other states may likely follow suit, raising legal questions about the constitutional order in Nigeria at a time of pandemic crisis.
