Lagos emergency rule – what it means and how it affects you
Lagos state governor, Babajide Sanwo-Olu, on Tuesday, declared a 24-hour curfew on all parts of the State as from 4pm Tuesday, October 20, 2020.
“Nobody, except essential service providers and first responders must be found on the streets,” he announced on Twitter.
Sanwo-Olu imposed the curfew following reports of violence in some parts of the state on Monday and Tuesday. A police station was razed in Orile-Iganmu area of Lagos on Tuesday, a truck conveying some police officers was also seen in a viral video being attacked in Lagos on Monday. These attacks are said to have been carried out by hoodlums allegedly hired to destabilise and discredit the ongoing #EndSARS protests which started in Lagos on Thursday October 8, 2020, and have since spread to other states across the country.
The governor in his Twitter announcement said:
“I have watched with shock how what began as a peaceful #EndSARS protest has degenerated into a monster that is threatening the well-being of our society.
“Lives and limbs have been lost as criminals and miscreants are now hiding under the umbrella of these protests to unleash mayhem on our state. As a government that is alive to its responsibility and has shown a commitment to the movement #EndSARS, we will not watch and allow anarchy in our dear state.”
On Monday, the Edo State Government, had imposed a 24-hour curfew on the state following the attack on the Benin ‘White House’ Prison which reportedly led to the escape of inmates.
What the Curfew means and how it affects you:
A curfew or emergency refers to the time when citizens of a geographical area are required to return to and stay in their houses. Such an order can only be issued by the state authorities.
Section 45(2) of the 1999 Constitution reveals that it is a period where certain fundamental rights guaranteed under Chapter 4 of the Nigerian Constitution may be limited.
Section 45(3) provides thus:
“A period of emergency means any period during which there is in force a proclamation of a state of emergency declared by the president in exercise of the powers conferred on him under section 305 of this Constitution.”
The declaration of curfew and emergency rule in a state puts Section 40 and 41 of the constitution, which guarantees citizens the right to movement and assembly, in temporary suspension.
S 40 of the Nigerian Constitution states thus:
“Every person shall be entitled to assemble freely and associate with other persons and in particular he may form or belong to any political party, trade union or any other association for the protection of his interests.
41 (1): 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.
Section 45 however states that:
“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 health.
or
(b) for the purpose of protecting the rights and freedom or other persons.
With the imposition of a 24-hour curfew in Lagos, residents will not be allowed to leave their homes until the curfew is lifted by the government. Only essential service workers will be exempted from the curfew as announce by Sanwo-Olu.
Violators of curfew are prosecuted and sentenced to days of community service with an option of fine and in some cases they are slammed with both.
In the history of Nigeria, declarations of curfew and emergency rule have always been premised on public order, safety and security concerns.
This is not the first time a curfew will be imposed in Lagos, in March 2020 the government imposed 8am – 6pm curfew to curb the spread of COVID-19 pandemic in Lagos.
In March 2016, former Governor Akinwumi Ambode ordered the closure of the Mile 12 Market and imposed a curfew on four streets in Ketu area of Lagos State following bloody clashes in the Mile 12 which left no fewer than 10 persons dead and about 100 others injured.
On November 2, 1999, ex-governor Bola Tinubu also imposed a dusk-to-dawn curfew on Ajegunle, in Ajeromi/Ifelodun Local government area, to halt the violent clash between suspected Ijaw youths and the members of the Oodua People’s Congress (OPC). The clash led to the death of many residents and the destruction of property in the Ajegunle ghetto.
While Sanwo-Olu just made history as the first Lagos governor to impose a statewide 24-hour curfew in Lagos since 1999, Babatunde Fashola was the only Lagos governor who didn’t impose a curfew in any part of the state throughout his eight years in government.
