The Nigerian Governors’ Forum (NGF) has queried the legality of the lockdown on some states by the Federal Government and resolved to take up the matter with the  Presidential Committee on COVID-19.

In a communiqué issued at the end of the teleconference meeting and signed by its chairman, Ekiti State governor, Kayode Fayemi, the governors also called for immediate suspension of all deductions from states and the restructure of debt service payments on Federal Government and Central Bank of Nigeria debts as part of fiscal measures to safeguard the liquidity of governance at the sub-national level.

The governors stated this following a brief from the Minister of Finance, Budget and National Planning, Zainab Ahmed, on the Federal Government’s fiscal measures to mitigate the economic impact of the COVID-19 pandemic.

The NGF’s decision to challenge the president’s power to unilaterally shut down states  without approval from the National Assembly followed similar dissections from notable Nigerians, including Prof. Wole Soyinka and senior lawyers, Femi Falana and Ebun Adegboruwa. Soyinka described the order as “unconstitutional and a political virus for the future,” while Falana said the order could not be enforced without legal backing.

Adegboruwa, in his query on the president’s action, said: “We are running a constitutional democracy and it is illegal for the President to take over the affairs of any state of the federation without the express consent of the people of that state through their elected representatives. It is only the governor of the state, through the House of Assembly, that can make any declaration concerning the people of that state. Little wonder that the President could not cite any law that he relied upon for his declaration.

“If we allow this to stay, then tomorrow the President may just impose a total restriction on all states of the federation for whatever reason. I humbly urge the President to reverse the restrictions and work with the states concerned, in accordance with the laws of our land.”

In a move considered by many as an afterthought, the Justice Minister, Abubakar Malami, issued a statement  stating the President acted rightfully under the powers conferred on him by the Quarantine Act 1990 CAP 384 LFN, titled: “An act to provide for and regulate the imposition of quarantine and to make other provisions for preventing the introduction into and spread in Nigeria, and the transmission from Nigeria, of dangerous infectious diseases.”