The recent demolition of two hotels in Rivers state by Gov Nyeson wike based on an alleged violation of an existing executive order of river state government, known as executive order RSVG 01 2020 particularly sec 10 of the Quarantine Act, had sparkled a lot of controversies as to the constitutionality or otherwise of same.
For ease of reference, Section 10 sub (1)(A) of the Quarantine act provides thus:
” Any person who refuses or wilfully omits to do any act which he is required to do by this Act, or refuses or wilfully omits to carry out any lawful order, instruction or condition made, given or imposed by any officer or other person acting under the authority of this Act shall be guilty of an offence and shall be liable on summary conviction before a Magistrate to a fine of four hundred dollars or to imprisonment with hard labour for six months or to both such fine and imprisonment.
” A proper perusal of the above section clearly shows that, the Quarantine Act, 2004 which define what constitute an offenc, and punishment for violation of same. Here in Nigeria, the constitution is largely regarded to be the grand norms from which other laws derived their validity.
In an event where there is any law that contradict the provision of the constitution, it will be render null and void.
This, invariably, explains the supremacy of the constitution. This is evident under Sec (1) sub(3) of 1999 CFRN (as Amended).
The Executive Order by its tenor and letters is direct violation of Sections 43 & 44 (1) of the 1999 Constitution which guaranteed the rights of individuals to acquire and own movable property and interest in immovable property.
However, this law as it is can only be taken away in exceptional circumstances as provided under section 44(2)(b) of 1999 constitution.
The operative term is for breach of any law. The Executive Order is not, and cannot be regarded as
My humble submission.
MUSA DOLAPO OMIWOLE
(COLLEGE OF LAW, KWARA STATE UNIVERSITY, MALETE)