CORONA VIRUS PANDEMIC, LIMITATIONS ON RIGHT TO FREEDOM OF ASSOCIATION, RIGHT TO FREEDOM OF MOVEMENT BY THE GOVERNMENT, A CRITICAL APPRAISAL. By AGU MOSES

People across the world are currently facing an unprecedented global health emergency due to the outbreak of COVID-19. The recent outbreak began in Wuhan, a city in the Hubei province of China. Reports of the first COVID-19 cases started in December 2019.
Coronaviruses are common in certain species of animals, such as cattle and camels. Although the transmission of coronaviruses from animals to humans is rare, this new strain likely came from bats, though one study suggests pangolins may be the origin.
However, it remains unclear exactly how the virus first spread to humans.
Some reports trace the earliest cases back to a seafood and animal market in Wuhan. It may have been from here that SARS-CoV-2 started to spread to humans.
SARS-CoV-2 spreads from person to person through close communities.
When people with COVID-19 breathe out or cough, they expel tiny droplets that contain the virus. These droplets can enter the mouth or nose of someone without the virus, causing an infection to occur.
The most common way that this illness spreads is through close contact with someone who has the infection. Close contact is within around 6 feet.
Coronaviruses are a group of viruses that can cause disease in both animals and humans. The severe acute respiratory syndrome (SARS) virus strain known as SARS-CoV is an example of a coronavirus. SARS spread rapidly in 2002–2003.
The new strain of coronavirus is called severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2). The virus causes coronavirus disease 19 (COVID-19). The new coronavirus has spread rapidly in many parts of the world. On March 11, 2020, the World Health Organization (WHO) declared COVID-19 a pandemic. A pandemic occurs when a disease that people are not immune to spreads across large regions.
In other to cutail the spread of the virus, many nations of the world have passed emergency laws and taken measures that restrict freedom of movement, association and public assembly and right to privacy. While some emergency measures are justified, government must ensure that such measures are always lawful, necessary and proportionate, and are temporary and subject to independent oversight and review. While restrictions on movement may be required the pandemic should not be used as an avenue for human rights violation by overzealous state agents.

RIGHTS TO FREEDOM OF ASSOCIATION, ASSEMBLY AND MOVEMENT
Freedom of association and movement are some of the human rights that are imprescriptible, inalienable and inherent in man. Rights to freedom of association is guaranteed under section 40 of the 1999 Constitution of Nigera and Article 10 of the African Charter on human and People's Rights. The right is also guaranteed by the International covenant on Civil and Political Rights (ICCPR) as well as the Universal Declaration of Human Rights (UDHR). S.40 of 1999 CFRN which guarantees the right to freedom of association provide as follows:  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:
Provided that the provisions of this section shall not derogate from the powers conferred by this Constitution on the Independent National Electoral Commission with respect to political parties to which that Commission does not accord recognition.
Article 10 of  the African Charter which guaranteed the freedom of association provides in the following terms:  Every individual shall have the right to free association provided that he abides by the law.
From the forgoing, the law frawns that a person be required to sought to  the believe or  furnish the list of association he belongs before employment.  In National Association for the Advancement of Coloured People v Alabama., It was held that it is immaterial whether the beliefs sought to be advanced by the association partains to Political, economic, religious or cultural matters. Also In Shelton v Tucker, it was held to be a violation of the individual's freedom of association to require a person seeking employment in the public service to furnish a list of all the organisation with which he has or had been associated. It should be observed that the lockdown imposed by the Federal and State Governments is a limitation on this right to association, however the CFRN 1999 in S 45(1) ( as amended) limits the fundamental rights in Chapter IV, to an extent reasonably justifiable in a democratic society for special purposes; which this Covid-19 outbreak can be categorized under.
Section 40 CFRN, 1999 (as amended) which contains the right to freedom of association also guarantees the right to peaceful assembly, so also Article 11 of the African Charter on Human and People's Rights ensures freedom of assembly and it provides:  Every individual shall have the right to assembly freely with others. The exercise of this right shall be subject only to necessary restrictions provided for by the law in particular those enacted in the interest of national security, the safety, health, ethics and freedom of others.
These rights which entails negative obligation on the government should however be observed although it can be limited but it should be within the confines of the relevant laws of the land. The bans on religious activities within the country is a clear violation of S. 40 CFRN 1999 (as amended) and Article 11 of the African Charter on Human and People's Rights. However the Government can place reliance on S.45(1) and that it was based on national safety and health of the citizens.
It should be noted that public gathering is an essential part of the activities of religious organizations, trade union, professional groups etc. It was rightly observed by the Court of Appeal in I.G.P v A.N P.P, the right to freedom of assembly and expression are the bone of any democratic form of government. They are part of the foundation on which democratic government rests.
Right to freedom of movement is guaranteed under section 41 of the 1999 Constitution (as amended) it provides as follows: (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.
(2) Nothing in subsection (1) of this section shall invalidate any law that is reasonably justifiable in a democratic society-
(a) imposing restrictions on the residence or movement of any person who has committed or is reasonably suspected to have committed a criminal offence in order to prevent him from leaving Nigeria; or
(b) providing for the removal of any person from Nigeria to any other country to:-
(i) be tried outside Nigeria for any criminal offence, or
(ii) undergo imprisonment outside Nigeria in execution of the sentence of a court of law in respect of a criminal offence of which he has been found guilty:
Provided that there is reciprocal agreement between Nigeria and such other country in relation to such matter.
The right to freedom of movement is also guaranteed by Article 12 of the African Charter on Human and People's Rights. A keen reading of Article 12 one will observe that the Charter talks of every individual, while the  Constitution guarantees the right to movement of every citizen. The limitations occasioned by the lockdown as a result of the pandemic has met public out cry, on the ground that it infringes on the essential right to movement. Although the right to freedom of  movement can only be restricted on the account of any of the circumstances stipulated by the Constitution. In Williams v. Majekodunmi which was decided under the 1960 Constitution, the court held that the restriction of the plaintiff to  a two- mile radius of his house under the emergency powers and Regulations of 1962 was a violation of his right to freedom of movement. It could be deduced that the lockdown by respective State Governments amounts to violation of S. 41 of the 1999 Constitution ( as amended). However the Government can be justified on the ground of national safety.
Conclusively, every government has a role of protecting the lives of the citizens but in the cause of doing that they should not capitalize on this pandemic to make emergency laws that violently limits the right of the people that they are protecting. It is pertinent to note, that it was repored on the National dailies, on how the military brutally killed more than 10 person in Delta State hiding under the agies of enforcement of government directives. Both the FG and the State Governments involved in curtailing the spread of the deadly viruses should remind the security operatives that the primary purpose of the government is to secure the lives of the citizens.

      Moses Chukwudi AGU is a 200 level Student of law in Faculty of law, Enugu State University of science and Technology, Enugu.                                   He can be reached through:                                                                   carsonmoseschuks@gmail.com
_____________________
World health organization on Covid-19
Medicalnewstoday.com
1999 Constitution ( as amended)
(1962) 1 All NLR 413
African Charter on Human and People's Rights ( Ratification and enforcement) Act. Cap.A9 laws of the Federation 2004.
(2007) 18 NWLR (pt 1066) 457
Osita Nnamani Ogbu, Human Rights law and practice in Nigeria (2n Revised Edition vol.1, cited: pg 345-370

Follow me on Twitter- Benjohnpaul 1
Instagram- BenOnyekeluOlisa
LinkedIn: Onyekelu Olisa
Like my page at premiumwordssite@ Facebook.
Please add a comment on the comment Box