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It is great to be back to another social media discussion. Today we will delve into what many believe is a topical issue. What are the powers of the Nigerian government during Disease Outbreaks?
We hope to briefly run through those powers and as a bonus profer some suggestions
We hope to briefly run through those powers and as a bonus profer some suggestions
to businesses that may be affected by a disease outbreak. It is not news anymore that the deadly COVID-19 AKA Corona Virus has made its way into our Nation. The news has resulted in panic, hysteria as well as several reported cases of unsavoury business practices.
Through today's discussion, we hope to enlighten on the exercise of governmental powers during emergencies such as the outbreak of diseases such as COVID-19.
Firstly in Nigeria, the President is authorized to unilaterally or at the request of a state governor declare a state of emergency.
This enables the Legislature to adopt laws that curtail certain fundamental rights and also allows the Executive to take certain actions that can restrict fundamental rights.
This is possible by virtue of section 305 of the 1999 Consitution.
A state of emergency is permitted in situations of "imminent danger" or "public danger which clearly constitutes a threat to the nation" and "actual breakdown of public order or public safety."
A state of emergency is permitted in situations of "imminent danger" or "public danger which clearly constitutes a threat to the nation" and "actual breakdown of public order or public safety."
The exercise of such governmental powers is a legal derogation of rights to property, speech and movement.
The Presidential powers in such instances are wide and have been used to curtail the outbreak of riots and electoral violence.
The Presidential powers in such instances are wide and have been used to curtail the outbreak of riots and electoral violence.
But can it be used to contain the outbreak of diseases?
President Goodluck Jonathan exercised this authority to control and contain the Ebola virus a national emergency, following the confirmation of 7 cases of the deadly virus in the country.
Furthermore, Section 35 (1) (e) of the Constitution allows the restriction of liberty and movement in the case of persons suffering from infectious or contagious disease.
There are relevant laws passed by the government in order to contain the outbreak of diseases. they include Nigeria's National Health Act 2014 (NHA 2014) and the National Policy on Integrated Disease Surveillance and Response.
Now that we have established the wide ambit of governmental powers in the event of an outbreak, we shall now examine its application to controlling predatory pricing and other unsavoury business practice.
In the USA, statutory prohibitions on price gouging protect people from exploitative increases in the costs of essential goods, once a state of emergency has been declared.
In the State of Kentucky, retailers and private citizens may not sell certain essential goods and services for more than ten percent above the normal price for fifteen days following a state of emergency.
Same apply in Califonia, Alabama and other states
Same apply in Califonia, Alabama and other states
Section 88 of the Federal Competition and Consumer Protection Act (FCCPA) is close to replicating provisions on price-gouging in Nigeria. However, the section only permits regulation of price “for regulating and facilitating competition.”
However, as a result of the wide range of powers vested in the agency. The body can be argued to be authorised to regulate pricing during the outbreak of a disease.
The basis for such regulation is the need for general consumer protection against unsavoury practices such as hoarding and price hikes.
Recently, in Lagos, the price of hand sanitizers skyrocketed as a result of the bedlam surrounding the spread of COVID-19. 
This has been argued to create a situation of "public safety" as hand sanitizers are a tool to fight the spread of COVID-19.
Thus, the Consumer Protection Council of Nigeria called on citizens to report businesses practices that are deemed to be predatory with promises to shut down businesses that are culpable.
Is this exercise of the Council's powers going to be deemed unlawful? That is something we hope the Court's will decide upon one day. It must be stated that at times of great need, public policy and public safety will trump the need to make profit.
However, even when public policy is to trump profit, the due process ought to still be followed. Where it is not, then the Court of law must step in.
As we approach the end of today's discussion, we must state that COVID-19 has been deemed the virus-like no other because of the economic hardship it has caused. Because of its origin in China, most goods coming from China have been quarantined indefinitely.
As a result, businesses are struggling to meet their demand for goods that ordinarily originate from china. The end result is a very cautious financial market and fears of a recession if the disease is not contained soon.
While this poses immense challenges to businesses, it also presents immense opportunities to build new supply chains and networks.
We will like to profer the following suggestion to businesses, business owners and general counsels of businesses who will have to deal with the harsh economic realities of COVID-19
1. Strike the balance between presenting a human face and exploiting the economic opportunities presented. This is key as consumers will remember businesses that intend to use a disease outbreak to further exploit them.
2. Consider reviewing the Businesses work from home policy
3. Encourage enhanced personal hygiene amongst employees and in the business
4. Review the Businesses health Policy to be up to date with International Best Practices
3. Encourage enhanced personal hygiene amongst employees and in the business
4. Review the Businesses health Policy to be up to date with International Best Practices
5. Exploit the inactivity of The lack of the major global supply chain to forge new alliances
6. Regularly check the news and encourage the same amongst employees to avoid incidences of Fake news and Panic
6. Regularly check the news and encourage the same amongst employees to avoid incidences of Fake news and Panic
Monitor employees and customers and suggest self-quarantine where necessary.
Finally, do not panic or make rash decisions. The virus will go, but the consequences of some of the actions businesses take will remain.
This brings us to the end of today's discussion. It was our pleasure walking you all through this topic. We will return in a fortnight with what we hope will be another brilliant topic. Thank you all and have a good evening.
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