PUBLIC HEALTH LAW PERSPECTIVE IN NIGERIA AND COVID-19 PANDEMIC.

There are so many stories surrounding the cause of the ongoing deadly COVID-19 pandemic. Some have claimed that the virus emerged from the Wuhan seafood market through a zoonotic interaction between animals that are carriers of these viruses and human beings. Secondly, there is also the ‘Lab Release’ theory which suggests that COVID-19 intended as a weapon for use in biological warfare originated in a laboratory in the same Chinese City of Wuhan.

Irrespective of the true cause which is still under investigation, it is obvious we are in the middle of a world-wide pandemic. Medical experts say each person who gets the virus statistically infect two or three other people in turn.  This means that in urban settings, the scenario is like ‘if i have it, i will infect the next person and he infects the next person’. No doubt the virus has had a huge negative impact on the economy, environment and especially public health where major cities around the world are growing empty as this virus has infected and claimed thousands of lives. Consequently, WHO has declared this contagion a public health emergency of international concern (PHEIC).

Historically the origin of modern public health law governing infectious diseases could be traced to the cholera epidemics (1830 – 1847), the International Sanitary Conference of 1859 and the establishment of the World Health Organization (WHO) in 1946. The purpose of public health is primarily focused on the health, security and safety of the community which is aimed at preventing infectious diseases and taking proactive charge of the disease process known to reduce morbidity and mortality through the organized efforts of the government and health workers.

Because health is inextricably linked with the fundamental right to life, government therefore uses the instrumentality of law to enforce health compliance from citizens which in essence is the field of public health. Thus, public health law in the context of outbreaks of infectious diseases such as the COVID-19 virus and in the interest of public health safety, the law defines infectious diseases as a quarantinable disease or any other contagious disease and of note is the immediate priority of the law which is targeted towards protecting people from COVID-19 and preventing the spread.

It should be noted that the sources of public health law in Nigeria includes the 1999 Constitution, the Public Health Laws 2004, the Quarantine Act 2004, the Criminal Code 2004, the National Health Act 2014, the COVID-19 Regulations 2020, case laws and rules by government health agencies such as the COVID-19 Presidential Task Force and NCDC. Similarly, Nigeria also subscribes to the WHO Nomenclature Regulations, International Health Regulations 2005 and other several health-related conventions as applicable under international humanitarian law.

Basically in combating the COVID-19 outbreak, it is necessary to briefly outline the scope of public health law which addresses the following issues:
• Protection of frontline healthcare workers including the provision of personal protective equipment (PPE);
• Obligations of all citizens (except those on essential duties) to respect health protection regulations involving community mitigation efforts  such as, social or physical  distancing, shelter in-place and stay-at-home directives, travel restrictions, partial or total lockdown, border closure, isolation and quarantine orders all aimed at preventing community transmissions;
• Observing state environmental laws on disease prevention and containment of infections even in isolation facilities, community disinfection and fumigation exercise and reducing risk of COVID-19 transmission from corpses to living people by ensuring proper disposal of bodies and proper labelling of  graves as required  by international humanitarian law;
• Duties of government at all levels to protect the human rights of their citizens and further ensure health institutions are equipped with relevant infrastructures or tools needed by public health professionals to provide equitable emergency care;
• Honouring the international medical practice guidelines for health monitoring and disease containment/surveillance. For example all countries must operate within the framework provided by the WHO and;
• Because COVID-19 crisis rely heavily on scientific knowledge, public health authorities must ensure that disease prevention and control measures are based or grounded in scientific methodologies for surveillance;
• Criminalization of acts capable of putting the society in danger of contracting the coronavirus. For example, transmitting false or misleading information to the public regarding COVID-19, promoting unapproved cures and untested medicaments and disobeying all forms of social distancing directives will be sanctioned by law. The recent case of A.G. Lagos v. Funke Akindele & Anor is an example.
In conclusion, it should be noted that in public health matters, law is on one side of the coin while the other side is public science-driven. Overall, the aim is to deploy the tool of law to set health goals and achieve public health safety while the primary responsibility for public health rests with the government. Through their enforcement or emergency powers, states maintain the right to ensure the populace complies although how this power is invoked and enforced varies from state to state. However, where there is a collision between public health and individual rights, the interest of public health is likely to more justified.

By: Oluwatomi Ajayi Esq.

*Oluwatomi Ajayi, Esq is a member of  the Nigerian Bar Association, Ikeja Branch, Lagos State