Global legal response to coronavirus (COVID-19) and its impact: perspectives from Nigeria, the United States of America and the United Kingdom

Abstract

Global COVID-19 legislation contains the spread of the disease. However, the Nigerian government's response to the spread of the virus suffers some technical flaws. Consequently, this paper asks how Nigeria’s response to the pandemic compares with those of the United States of America (US) and the United Kingdom (UK). Qualitatively, it seeks to substantiate the proposition that Nigeria's response relies too heavily on executive directives and extra-judicial controls, leading to human rights abuses. Even worse is the absence of specific provisions in the Nigerian legislation detailing the application of remote hearing to facilitate redress arising from these infractions comparable to what is obtainable in the US and UK. The paper highlights the several loopholes demonstrated by Nigeria's legal response to the COVID-19 pandemic, its impact, and the lessons the Nigerian government can adapt based on the US and UK experiences.

Disclosure statement

No potential conflict of interest was reported by the author(s).

Notes

1 WHO, ‘Rolling updates on Coronavirus (COVID-19) disease’ Available at <www.who.int/emergencies/diseases/novel-coronavirus-2019/events-as-they-happen> accessed 7 May 2020.

2 Roger Dean Stringer v. Minister of Health and Child Care & Anor [2020] Nil Unreported 1 (HH-259-20 – HC 2154/20).

3 Ibid.

4 Yan-Rong Guo, et al., ‘The Origin, Transmission and Clinical Therapies on Coronavirus Disease 2019 (COVID-19) Outbreak – An Update on the Status’ (2020) 7(11) Military Medical Research 2. Available from <https://doi.org/10.1186/s40779-020-00240-0.> accessed 9 May 2020.

5 Buzz Photos and 2 Ors v. People’s Republic Of China & Ors [2020] Nil (Ongoing Case at the time of writing this article (-cv-00656-K Document 1 Filed 03/17/20).

6 Grady Means, ‘The coronavirus: Blueprint for bioterrorism,’ 9 March 2020. The Hill (9 March 2020, ) Available Available at <https://thehill.com/opinion/national-security/485921-the-coronavirus-blueprint-forbioterrorism> [Aaccessed 30 May 2020].

7 OECD, ‘The Territorial Impact of Covid-19: Managing The Crisis Across Levels Of Government’ Available at <https://www,oecd.org/coronavirus/policy-responses/the-territorial-impact-of-covid-19-managing-the-crisis-across-levels-of-government-d3e314e1/> accessed 1 August 2020.

8 NCDC, ‘Public Health Advisory To Nigerians On Coronavirus Disease’ Available at <https://covid19.ncdc.gov.ng/advisory/> accessed 1 August 2020.

9 Asia Pathway, ‘Economic Impacts of the Covid-19 Pandemic and Oil Price Collapse’ Available at <https://www.asiapathways-adbi.org/2020/05/economic-impacts-covid-19-pandemic-and-oil-price-collapse/> accessed 1 August 2020.

10 Coronavirus Act, 2020 (Chapter 7).

11 Presidential Proclamation, Proclamation on Declaring a National Emergency Concerning the Novel Coronavirus Disease (COVID-19) Outbreak (13 March 2020), Available from <https://www.whitehouse.gov/presidential-actions/proclamation-declaring-national-emergencyconcerning-novel-coronavirus-disease-covid-19-outbreak/> accessed 18 June 2020.

12 Public Law 116–127.

13 Public Law No: 116-136.

14 Faith Okafor v. Lagos State Government [2017] 4 NWLR (Pt. 1556) 404 at 442.

15 John Chuks Azu, ‘Nigeria: How Covid-19 Affects Human Rights’ 19 May 2020 Daily Trust Available at <https://allafrica.com/stpries/202005190061.html> accessed 1 August 2020.

16 Kangaroo court is used here to refer to courts established without legal basis and adoption of set down procedures and rules to be followed.

17 The Black’s Law Dictionary (9^th Edition) P. 1436.

18 Ibid.

19 Richard Wasserstrom, ‘Rights, Human Rights, and Racial Discrimination’ (1964) 61(20) The Journal of Philosophy 630 [Online] Available from <https://www.jstor.org/stable/2023445> accessed 18 August 2020.

20 Ibid.

21 (2016) LPELR-26047(CA) Per Denton-West, J.C.A. (P. 11, Paras. B-E).

22 Ibid.

23 Wasserstrom (n 19) 631-2.

24 The affected rights are considered fundamental human rights enshrined under Chapter IV of the Constitution of the Federal Republic of Nigeria, 1999 (as amended)—(CFRN).

25 “Nothing in subsection (1) of this section shall invalidate any law that is reasonably justifiable in a democratic society—(a) imposing restrictions or movement of any person who has committed or is reasonably suspected to have committed a criminal offence in order to prevent leaving Nigeria…”

26 “Nothing in sections 37, 38, 39, 40 and 41 of this constitution shall invalidate any law that is reasonably justifiable in a democratic society – (a) in the interest of defence, public safety, public order, public morality or public morality or public health; or (b) for the purpose of protecting the rights and freedom of other persons.”

27 [2017] 4 NWLR (Pt. 1556) 404 at 442.

28 “Subject as otherwise provided by this constitution a person shall not be convicted of a criminal offence unless that offence is defined and the penalty therefore is prescribed in a written law; and in this subsection, a written law refers to an Act of the National Assembly or a Law of a State, and subsidiary legislation or instrument under the provisions of a law.”

29 F.3d —, 2020 WL 1685929, at 6 (5th Cir. Apr. 7, 2020).

30 Ibid.

31 Ibid at 7.

32 [2001] 2 AC 19.

33 ECtHR, Application no. 56529/00, 25 January 2005.

34 Ibid.., 44.

35 [18 of 1926. 7 of 1929. L.N. 131 of 1954) - CAP. 384 L.F.N. 1990 ACT CAP. Q2 L.F.N. 2004 - (Referred herein as Principal Act).

36 As at the time of writing this work, there was before the floor of the House of Representatives, the Control of Infectious Diseases Bill, 2020, which is a bill for an Act to repeal the Quarantine Act and enact the control of infectious diseases Act, to make provisions relating to Quarantine and make regulations and preventing the introduction into and spread in Nigeria of Dangerous infectious Diseases, and for other related matters.

37 Quarantine Act, s.2.

38 Ibid., s.3.

39 Ibid., s.4.

40 Federal Covid-19 Regulation, No 1 of 2020 (1R), Reg. 1.

41 Ibid., Reg. 3.

42 Ibid., Reg. 5.

43 Ibid., Reg. 6.

44 Lagos State Infections Diseases (Emergency Prevention) Regulations 2020, Reg. 3.

45 Ibid. See Sub-Reg 6 (2) and (3).

46 The Black's Law Dictionary (9th Edition) at Page 1331 defines PROHIBIT to mean "To Forbid By Law". While Prohibition was defined to mean "A Law or order that forbids a certain action." This definition was upheld in the case of UNIVERSITY OF LAGOS & ORS. v. PROFESSOR LUKE UKA UCHE (2008) LPELR-5073(CA) when the Court said as follows: "Prohibition in the Blacks Law Dictionary means "A law or order that forbids a certain action". Per NWODO, J.C.A. (P.31, Paras.A-B).

47 Restriction in simple terms means to limit. The same Black's Law Dictionary at Page 1429 defined restriction to mean a limitation or qualification. Rights are not prohibited, but restricted. In other words, exercise of rights are not forbidden, they are simply limited in line with the law. More so, the marginal part of Section 45 of the 1999 Constitution as amended states as follows: "Restriction on and derogation from Fundamental rights."

48 Ibid., Reg 8 (1) (e).

49 Ibid., Reg 9.

50 Ibid., Reg 10.

51 Ibid., Reg 11.

52 Ibid., Reg 12.

53 Ibid., Reg 17.

54 The Bayelsa State Infectious Diseases (Emergency Prevention) Regulations, 2020 came into force on 2 April 2020.

55 The Edo State Dangerous Infectious Diseases (Emergency Prevention) Regulations 2020 is also made under the Public Health Law of Western Region 1959.

56 Edo State Covid-19 Regulations 2020. Reg. 6 (6) Edo.

57 Presidential Proclamation, Proclamation on Declaring a National Emergency Concerning the Novel Coronavirus Disease (COVID-19) Outbreak (13 March 2020), Available from <https://www.whitehouse.gov/presidential-actions/proclamation-declaring-national-emergencyconcerning-novel-coronavirus-disease-covid-19-outbreak/> accessed 18 June 2020.

58 In Re Response To The Covid-19 Pandemic (2020 Ark. 116) SC, Arkansas.

59 The People of The State of New York, Ex Rel. Diana Nevins, Esq, v. Cynthia Brann, Commissioner, Department Of Correction, Respondent (Sp No. 035/2020 (2020 NY Slip Op 20083).

60 See The People Of The State Of New York, Ex Rel. Ruth Hamilton, Esq, v. Cynthia Brann, Commissioner Of Corrections For The City Of New York, (Index No. 260188/2020 –2020 NY Slip Op 50392 (U) SC, Bronx County. The matter was decided on 2 April 2020.

61 Congress’ Website [Online] Available from <https://www.congress.gov/bill/116th-congress/housebill/6201?q=%7B%22search%22%3A%5B%22Families + First + Coronavirus + Response + Act%22%5D%7D&r = 1&s = 4-> accessed 9 May 2020.

62 Ibid., Available from <https://www.congress.gov/bill/116th-congress/housebill/748?q=%7B%22search%22%3A%5B%22The + Coronavirus++CARES + Act%22%5D%7D&r = 2&s = 3> accessed 9 May 2020.

63 They include the Job Protection for Quarantined Individuals Act of 2020 (S.3491 – introduced on 12 March 2020); the unemployment assistance for individuals impacted by quarantine order for a National or State Public Health Emergency Act of 2020 (H.R.6271 – introduced on 13 March 2020); Resilient Elections during Quarantines and Natural Disasters Act of 2020 (H.R.6202 – introduced on 11 March 2020); the Resilient Elections During Quarantines and Natural Disasters Act of 2020 (S.3440 –introduced on 11 March 2020, etc. Besides the Families First Coronavirus Response Act, 2020, and Cares Act there are other bills before Congress in the US that show a high legislative response to curtailing the challenges posed by the increase in the spread of the virus. Unlike Nigeria, where there is just one principal Act dealing with Quarantine, which empowers the President or Governor of a state to make regulations under the Act, the Congress in the US has proposed bills that deal with various issues related to quarantine. Each bill sponsored by different congressmen to be enacted as separate Acts. As of 30 April 2020, there were more than one hundred (100) bills before the US Congress addressing coronavirus and other pandemic related issues. Among them is the Global Pandemic Planning Act (H.R. 6480), Pandemic Disaster Assistance Act of 2020, (S.3534), Responsibly Responding to Pandemics Act (H.R. 6288 – introduced on 13 March 2020), Pandemic Unemployment Assistance Act (S. 3497 – introduced on 12 March 2020), National Commission on the Covid-19 Pandemic In the United States Act (H.R. 6548 – introduced on 17 March 2020, Covid-19 Oral History Project Act (H.R. 6615 – introduced 24 April 2020), Covid-19 Commission Act (H.R. 6455 – introduced 3 April 2020), Covid-19 Language Access Act (H.R. 6623 – introduced on 28 April 2020), Covid-19 correctional Facility Emergency Response Act of 2020 (H.R. 6414 – introduced on the 27 March 2020), Coronavirus Relief for Sates Act (H.R. 6592 – introduced on the 21 April 2020), etc.As of the same date, the 30 April 2020, congress legislative result search shows that there are over 200 bills precisely drafted to address Covid-19 before the US Congress. One of the bills is the Free Covid–19 Testing Act (6. S.3499 — introduced 12 March 2020). This bill requires specified public health care programs and private health insurance to cover testing for Covid-19 (i.e., coronavirus disease 2019) without imposing cost-sharing (e.g., deductibles, deductibles, coinsurance, or copayments) for the duration of the public health emergency declared on 31 January 2020. It deals with the cost of administering such approved tests and related visits to health care providers. The summary of the bill reveals that these requirements apply to Covid-19 testing and office visits for individuals covered through (1) Medicare, (2) Medicare Advantage, (3) Medicaid, (4) the Children's Health Insurance Program, (5) the Department of Defense (i.e., TRICARE), (6) the Department of Veterans Affairs, (7) the Federal Employees Health Benefits Program, or (8) the Indian Health Service. Additionally, state Medicaid programs may cover Covid-19 testing and related visits for uninsured individuals during the emergency, and the Department of Health and Human Services must reimburse laboratories for the cost of such tests. Another proposed enactment is the Covid-19 Small Business Recovery Grants Act (H.R.6292) introduced in the House on 19 March 2020. Within the Small Business Administration (SBA), it establishes the office of Coronavirus Covid-19 small business recovery grants to compensate small businesses, located in a qualified disaster area, for a substantial economic injury they suffered resulting from COVID-19 (i.e., coronavirus disease 2019) beginning 1 December 2019, and ending 31 December 2021. The summary of the bill shows that this compensation (1) excludes interest on the amount of the payment before the settlement or payment of a claim or any punitive or non compensatory damages; and (2) is limited to $100,000, except in cases where the SBA determines that a greater amount up to $250,000 is appropriate. There is also before the Congress, the Covid-19 Language Access Act (H.R.6623 – introduced in the House on 24 April 2020. The bill summarizes that it requires each federal agency that receives federal assistance related to the COVID-19 (i.e., coronavirus disease 2019) pandemic to translate any English language written material prepared for the general public relating to the pandemic into specified languages not later than seven days after such material is made available in English. The languages in minimum are Spanish, Arabic, Cambodian, Chinese, Haitian Creole, French, Hindi, Italian, Japanese, Korean, Laotian, Russian, Tagalog, Urdu, Vietnamese, Greek, Polish, Thai, and Portuguese. There is as well the Covid-19 REAL ID Relief Act of 2020 (H.R.6404 – introduced on 26 March 2020) which requires the Department of Homeland Security to grant states an extension until 1 October 2021, of the deadline by which they are required to meet requirements under the Real ID Act of 2005 due to the national emergency declared by the President as a result of Covid-19 (i.e., coronavirus disease 2019). (Currently, travelers must obtain REAL ID-compliant driver's licenses by 1 October 2020, in order to board domestic flights). Others include the Covid-19 Oral History Project Act (H.R.6615 —introduced in the House 24 April 2020).

64 (S.I. 2002/253).

65 (S.I. 2002/254).

66 (S.I. 2004/1020 (W. 117).

67 (S.I. 2004/478 (W. 48)).

68 (S.S.I. 2004/114).

69 (S.S.I. 2018/66)

70 (S.S.I. 2018/67).

71 (S.I. 1976/1213 (N.I. 22)).

72 s 9 (4) provides that the arrangements made under subsection (1) may include—(a) conditions that a person must satisfy in order to be entitled to receive payment by way of compensation; (b) different provision for different cases; (c) provision about the procedure for making a claim; (d) provision about how the amount a person is entitled to claim is to be determined; (e) provision about how payments are to be made by the Secretary of State; (f) provision specifying limits on the amount that a person is entitled to claim.

73 Sections 45–47 deal with the NHS pension schemes: suspension of restrictions on return to work in England and Wales, Scotland & Northern Ireland.

74 Coronavirus Act, 2020. s. 50.

75 Coronavirus Act, 2020. s. 52.

76 Schedule 29 makes provision about notice periods concerning possession proceedings in respect of certain residential tenancies, etc.

77 Coronavirus Act, 2020. s. 89.

78 England Coronavirus Regulation, 2020, Reg. 4 (2) England.

79 See England Coronavirus Regulation, 2020, Reg. 4 (1) (a) (b). Regulation 4 (3) also provides Condition B, which relates to where the Person has arrived in England on an aircraft, ship, or train from outside the United Kingdom. Whether directly or via Northern Ireland, Scotland or Wales; and has left, or the Secretary of State or a registered public health consultant has reasonable grounds to believe P has left, an infected area within the 14 days immediately preceding the date of P's arrival in England.

80 (No. 353 (W. 80).

81 Wales’ Coronavirus restrictions Regulation, 2020, s. 7 (1).

82 The Health Protection (Coronavirus) (Restrictions) (Scotland) Regulations 2020 – Scottish Statutory Instruments 2020, No. 103. Similar provision is provided in this Regulation. But that of Scotland is abridged.

83 (S.I. 2020/326 (W. 74).

84 (S.I. 2020/334 (W. 76).

85 Order III of the Nigerian Fundamental Rights Enforcement Procedure Rules, 2009.

86 Merris Amos, ‘Human Rights Law and the Covid-19 Pandemic in the United Kingdom Part 1.’ (15 April 2020).

87 Some of the Regulations have been analyzed in previous sections in this paper.

88 (2008) ALL FWLR (Pt. 413) 1399 at P. 1421, Paras E-F (CA) Per. Tsamiya, JCA; Asakitikpi v. The State (1993) LPELR-572 (SC) Available from < SSRN: https://ssrn.com/abstract=3576496 or http://dx.doi.org/10.2139/ssrn.3576496> accessed 18 June 2020.

89 See Aoko v. Fagbemi (1961) 1 All N.L.R. 400.

90 ACHPR’s Website [Online] Available from <https://www.achpr.org/legalinstruments/detail?id=49#:∼:text=The%20African%20Charter%20on%20Human,freedoms%20in%20the%20African%20continent.> accessed 20 June 2020 (Adopted 27 June 1981, OAU Doc. CAB/LEG/67/3 rev. 5, 21 I.L.M. 58 (1982), entered into force 21 October 1986).

91 (Charge No: Mik/A/43/2020) – Magistrate Court of Lagos State, Ikeja Judicial division(Unreported).

92 (1992) 8 NWLR (Pt 261) 528 at 556.

93 (2017) LPELR-42205(SC).

94 See Alhaji Mujahid Dokubo-Asari V. Federal Republic of Nigeria 5-6 SC 150 and Akinola Olatubosun V. State (2013) LPELR - 20939 (SC) and Boniface Adenike v. State (2015) LPELR - 24281 (SC).

95 197 U.S. 11, 29 (1905).

96 Ibid.

97 Ibid., at 31, the emphasis is mine.

98 (Charge No: Mik/A/43/2020) – Magistrate Court of Lagos State, Ikeja Judicial division(Unreported)

99 197 U.S. 11, 29 (1905).

100 2020 WL 1685929, at 6.

101 In re Abbott, Ibid., at 7.

102 Ibid., in Temple Baptist Church, et al.v.City of Greenville, et al., Case No. 4:20-Cv-64-DMB-JMV, United States District Court For The Northern District Of Mississippi, The United States’ Statement of Interest in Support of Plaintiffs

103 (Charge No: Mik/A/43/2020) -Magistrate Court of Lagos State, Ikeja Judicial division(Unreported)

104 Case No. 4:20-Cv-64-DMB-JMV, United States District Court For The Northern District Of Mississippi, The United States’ Statement of Interest in Support of Plaintiffs.

105 Ibid.

106 Ibid.

107 Ibid.

108 Ibid.

109 Ibid.

110 (Charge No: Mik/A/43/2020) -Magistrate Court of Lagos State, Ikeja Judicial division(Unreported).

111 S. 36 (6) (c) of the 1999 Constitution of the Federal Republic of Nigeria, as amended.

112 s. 36 (6) (a) (b) (c) of the 1999 Constitution of the Federal Republic of Nigeria, as amended.

113 Douglas Ogbankwa Esq. The Rot in the Mobile Courts Available at <https://m.facebook.com/story/graphql_permalink/?graphql_id=UzpfSTEwMDAwNDkwOTY4MDQyMToxNDY0MzQ3MzM3MDcyMjQy> accessed 7 July 2020.

114 James Kwen, ‘COVID-19 Lock Down: FCT Mobile Courts prosecute 156 violators’ Businessday (19 April 2020) [Online] Available from <https://businessday.ng/coronavirus/article/covid-19-lock-down-fct-mobile-courts-prosecute-156-violators/> accessed 9 May 2020.

115 James Kwen, ‘Covid-19: FCT Mobile Court convicts Islamic cleric, others over lockdown violation’ Businessday (23 April 2020) [Online] Available from <https://businessday.ng/coronavirus/article/covid-19-fct-mobile-court-convicts-islamic-cleric-others-over-lockdown-violation/> accessed 9 May 2020.

116 Priscilla Ediare, ‘Ekiti court convicts man for not wearing face mask’ The Sun (8 May 2020) [Online] Available from <https://www.sunnewsonline.com/ekiti-court-convicts-man-for-not-wearing-face-mask/> accessed 9 May 2020.

117 Criminal No: 17-305.

118 See United States v. Sharod Green, Crim. No. 19-85, Docket No. 46 (W.D. Pa. Mar. 27, 2020) (Conti, J.) (denying motion for temporary release under 18 U.S.C. § 3142(i) due to COVID-19); United States v. David Colaianni, Crim. No. 19-352, Docket No. 40 (W.D. Pa. Mar. 26, 2020) (Stickman, J.) (same); United States v. George Washington Crute, III, Crim. No. 19-299, Docket No. 37 (W.D. Pa. Mar. 26, 2020) (Stickman, J.) (same); United States v. Dana Penney and Christian Stevens, Crim. No. 19-8, Docket No. 1795 (W.D. Pa. Mar. 18, 2020) (Ranjan, J.) (same).

119 Section 33 (1) of the 1999 Constitution provides that except in the execution of a court's sentence in respect of a criminal offence of which the person has been found guilty, no one is to be deprived of his right. There are other exceptions as well.

120 [2011] ALL FWLR (Pt. 597) 601.

121 See the case of Maitaki v. State [2008] 3 NWLR (Pt. 1075) 429.

122 Osigwe Omo-Ikirodah, ‘TRAGIC: Man Who Went To Buy Food For His Pregnant Wife Beaten To Death By Abuja Police’ Ireporter (1 April 2020) [Online]. Available from <http://ireporteronline.com.ng/tragic-man-who-went-to-buy-food-for-his-pregnant-wife-beaten-to-death-by-abuja-police/> accessed 9 May 2020.

123 Perez Brisibe, ‘COVID-19: Killing of Warri youth by Soldier is regrettable — Askia’ Vanguard (3 April 2020) [Online] Available from <https://www.vanguardngr.com/2020/04/covid-19-killing-of-warri-youth-by-soldier-is-regrettable-askia/> accessed 9 May 2020.

124 Rita Okonoboh, ‘Soldiers who threatened to rape women in Warri arrested in Lagos’ The Cable (3 April 2020) [Online] Available from <https://www.thecable.ng/soldiers-who-threatened-to-rape-women-in-warri-arrested-in-lagos> accessed 9 May 2020.

125 The International Covenant on Civil and Political Rights was adopted and opened for signature, ratification and accession by General Assembly resolution 2200A (XXI) of 16 December 1966. It was entered into force on 23 March 1976, in accordance with Article 49. Nigeria is a signatory to the Convention.

126 John Owen Nwachukwu, ‘COVID-19: Nigeria Police vows to punish officers destroying properties in viral video’ DailyPost (28 March 2020) [Online] Available from <https://dailypost.ng/2020/03/28/covid-19-nigeria-police-vows-to-punish-officers-destroying-properties-in-viral-video-watch/> accessed 9 May 2020

127 OperaNews, ‘Why We Destroyed Swali Market - Bayelsa COVID-19 Taskforce’ 20 April 2020, OperaNews’ Website. (20 April 2020) [Online]. Available from:

<https://opera.news/business/b2a83b188f3ca47f009038c29c3e0f63?news_entry_id=s3b4bc1c3200420en_ng> accessed 30 April 2020

128 England Coronavirus Regulation, 2020. Reg 13.

129 Wales Coronavirus Restriction Regulation, 2020, Reg 10.

130 Ibid., Reg 10 (11).

131 United States District Court, Southern District of Florida, Case No.: 1:20cv21601, available at <https://www.justice.gov/opa/press-release/file/1269661/download> last accessed 21 April 2020; DOJ, “Justice Department Seeks to End Illegal Online Sale of Industrial Bleach Marketed as “Miracle” Treatment for COVID-19” (17 April 2020) Available at <https://www.justice.gov/opa/pr/justice-department-seeks-end-illegal-online-sale-industrial-bleach-marketed-miracle-treatment>. last accessed 21 April 2020

132 Ibid.

133 Ibid.

134 Case No. 4:20-Cv-64-DMB-JMV, United States District Court For The Northern District Of Mississippi, The United States’ Statement of Interest in Support of Plaintiffs.

135 This provision (s) is however not absolute, as provided in the said provision. Section (7) Nothing in this section shall be construed – (a) in relation to subsection (4) of this section, as applying in the case of a person arrested or detained upon reasonable suspicion of having committed a capital offence; and (b) as invalidating any law by reason only that it authorises the detention for a period not exceeding three months of a member of the armed forces of the federation or a member of the Nigeria Police Force in execution of a sentence imposed by an officer of the armed forces of the Federation or of the Nigeria police force, in respect of an offence punishable by such detention of which he has been found guilty.

136 Article 9 of the African Charter On Human and Peoples’ Rights provides for similar provision. Nigeria is a signatory to this regional charter.

137 The International Covenant on Civil and Political Rights was adopted and opened for signature, ratification and accession by General Assembly resolution 2200A (XXI) of 16 December 1966. It was entered into force on 23 March 1976, in accordance with Article 49. Nigeria is a signatory to the Convention.

138 And Schedule 23 contains temporary modifications of—(a) the Criminal Justice Act 2003, (b) the Criminal Appeal Act 1968, and (c) the Criminal Justice Act 1988.

139 Schedule 24 contains temporary modifications of—(a) the Crime and Disorder Act 1998, (b) the Extradition Act 2003, (c) the Police and Criminal Evidence Act 1984, (d) the Prosecution of Offences Act 1985, and (e) the Serious Organized Crime and Police Act 2005.

140 Schedule 25 contains temporary modifications of—(a) the Courts Act 2003, and (b) the Tribunals, Courts, and Enforcement Act 2007.

141 Schedule 26 contains temporary modifications of the Magistrates’ Courts Act 1980.

142 Schedule 27 makes provision for, and in connection with, the use of live links in proceedings in courts and tribunals in Northern Ireland.

143 See also State ex rel. McArtor v. Kovack (No. 2020-0490 – 2020-Ohio-1489).

144 Kehinde Ogunwumiju SAN v. Jibrin Samuel Okutepa SAN, SUIT NO. FCT/HC/CV/0001/2020, Decision delivered on Monday, 18 May 2020, by The Hon. Justice Peter O. Affen, of the High Court of The Federal Capital Territory In The Abuja Judicial Division Holden At Abuja (Unreported).

145 Guidelines for Court Sittings and Related Matters in the Covid-19 Period, guideline E(1), available at < https://njc.gov.ng/30/news-details> last accessed 25 May 2020.

Additional information

Notes on contributors

Felix E. Eboibi

Felix E. Eboibi holds PhD, LLM & LLB degrees from the University of Nigeria, Nsukka, Nigeria and the University of Calabar, Calabar, Nigeria, respectively. He is a Senior Lecturer & Head, Research Department, Faculty of Law, Niger Delta University, Wilberforce Island, Bayelsa State, Nigeria, where he teaches Cybercrime Law.

Ebi Robert

Ebi Robert, is an LLM Research Candidate of the Niger Delta University. He is a holder of LLB from the Niger Delta University and B.L(Nigerian Law School). He is a Barrister & Solicitor of the Supreme Court of Nigeria and Research Fellow, World Institute of Peace.