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COVID-19: New Law Prescribes Six- month Jail term for no Facemask
By Chika Otuchikere, Abuja
With the rising incidence of COVID -19 deaths and infections in the country, in the wake of the second wave of the pandemic, President Muhammadu Buhari has signed a new law prescribing a six-month jail term for violators of the protocols.
The president signed the regulation which provides a legal framework for the prosecution of any defaulter in Abuja yesterday.
The law stipulates that an offence under these regulations is punishable, on conviction by a fine or a jail term of six months imprisonment or both in accordance with Section 5 of the Quarantine Act.
It further mandates security agencies, includingPersonnel of the Nigeria Police Force, the Nigeria Security and Civil Defence Corps, the Federal Road Safety Corps, the Nigeria Immigration Service, the Federal Airport Authority of Nigeria, and other relevant Local Government, State and Federal Government agencies to ensure the enforcement of the these Regulations.
Prior to the enactment of the regulation, Nigerians had displayed apathy to the adherence of the COVID-19 protocols, including wearing of facemasks, regular washing of hand, use of sanitisers and temperature check as well as social distancing.
At the last count, more Nigerians may have died in the last few months of the second wave of the pandemic than the number that died during the months of the nationwide lockdown in 2020.
The federal government had mulled another nationwide lockdown following the rising daily infections and deaths but has been advised against it given the grave economic of impact of another lockdown.
The full details of the COVID-19 health protection regulation 2021 is presented here:
In the exercise of the powers conferred upon me by Section 4 of the Quarantine Act, Cap. Q2 Laws of the Federation of Nigeria 2010 and all other powers enabling me in that behalf; and in consideration of the urgent need to protect the health and wellbeing of Nigerians in the face of the widespread and rising numbers of COVID-19 cases in Nigeria, I, Muhammadu Buhari, President of the Federal Republic of Nigeria, hereby make the following Regulations. (SeePage7)
Restrictions on Gatherings
1. At all gatherings, a physical distance of at least two metres shall be maintained at all times between persons.
2. Notwithstanding the provision of Regulation 1, no gathering of more than 50 persons shall hold in an enclosed space, except for religious purposes, in which case the gathering shall not exceed 50% capacity of the space.
3. All persons in public gatherings, whether in enclosed or open spaces, shall adhere to the provisions of Part 2 of these Regulations.
4. The provisions of these Regulations may be varied by Guidelines and Protocols as may be issued, from time to time, by the Presidential Task Force (PTF) on Covid-19 on the recommendation of the Nigeria Centre for Disease Control (NCDC).
PART 2
Operations of Public Places
Markets (including open markets), Malls, Supermarkets, Shops, Restaurants, Hotels, Event Centres, Gardens, Leisure Parks, Recreation Centres, Motor Parks, Fitness Centres, etc.
5. No person shall be allowed within the premises of a market, mall, supermarket, shop, restaurants, hotels, event centres, gardens, leisure parks, recreation centres, motor parks, fitness centre or any other similar establishment (hereinafter collectively referred to as “establishments”) except:
a. he is wearing a face covering that covers the nose and mouth;
b. he washes his hands or cleaned the hands using hand sanitiser approved by the National Agency for Food and Drug Administration and Control (NAFDAC); and
c. his body temperature has been checked. Any person found to have a body temperature above 38 degrees Celsius shall be denied entry and advised to immediately seek medical attention.
6. Every establishment occupier shall make provision for regular hand hygiene for any person coming into the premises during opening hours. This includes a handwashing station with soap and running water, or hand sanitiser approved by NAFDAC.
7. Each establishment occupier is responsible for cleaning and disinfecting his premises.
8. It is the responsibility of the occupier of the establishment to:
a. Enforce the proper use of face covering;
b. Make provision for safe hygiene facilities;
c. Enforce provision of temperature checks prior to entry into the establishment;
d. Enforce provisions and use of face covering within the establishment;
e. Ensure that their customers queue up and are attended to serially while complying with physical distancing measures and avoiding overcrowding; and
f. Generally, ensure compliance with the provisions of these Regulations.
9. Occupiers of establishments are liable for any observed non-compliance by any persons within the premises.
Places of Worship
10. All worshippers and users of places of worship shall comply with the provisions of Parts 1 and 2 of these Regulations.
11. Worshippers shall, where and whenever possible, avoid sharing worship items such as mats, bottles, hymnals, etc.
12. It is the responsibility of the person in charge of a place of worship to ensure compliance with the provisions of these Regulations within the worship centre.
Workplace and Schools
13. All persons entering the premises of a workplace or school shall comply with the provisions of Parts 1 and 2 of these Regulations.
14. It is the responsibility of the person in charge of a workplace or a school to ensure compliance with the provisions of these Regulations within the office or school premises.
Banks
15. All employees, customers and visitors of banks shall comply with the provisions of Parts 1 and 2 of these Regulations.
16. All banks shall comply with the guidelines, mode and scope of operations issued by the Central Bank and Federal Ministry of Finance as it relates to the COVID-19 response.
17. All banks shall develop a schedule for regular cleaning of buttons and surfaces of Mantrap Entrance Doors, ATM machines and other commonly used areas.
Public Transportation Vehicles
18. All operators and passengers of public transportation vehicles (hereinafter referred to as “operators”) shall comply with the provisions of Part 2 of these Regulations.
19. Operators shall ensure adequate spacing in between passengers.
20. Operators shall ensure frequent cleaning and disinfection of parts of the vehicle frequently handled by passengers and drivers such as doors and window handles/buttons, steering wheels and dashboards.
21. Operators shall encourage passengers to frequently perform hand hygiene.
22. All operators of trains, ships and planes shall have an occupational health and infectious diseases preparedness plan, in case an employee or traveller becomes unwell in the course of a journey.
23. It is the responsibility of operators to ensure compliance with the provisions of these Regulations in the course of their operations.
Hostels, Boarding Houses and Detention Centres
24. Managers of Hostels, Boarding Houses, Nursing Homes, Correctional Centres, Remand Homes, Holding Cells, Military Detention Facilities, and such centres for care and custody of persons, shall ensure compliance with the provisions of these Regulations.
25. Managers of such facilities shall ensure that suspected cases of Covid-19 are promptly and appropriately separated from others and are reported to medical officers of the State Ministry of Health for necessary action.
PART 3
Mandatory Compliance with Treatment Protocols
26. The health and safety protocols and guidelines are issued by the PTF on Covid-19 on the recommendation of the NCDC and shall be binding on all persons.
27. Persons confirmed to have tested positive to COVID-19 by an NCDC accredited laboratory, may not refuse isolation and or admission to a designated health establishment for management of the disease.
28. All public secondary and tertiary health facilities shall designate a space or holding bay for the initial triage or assessment of suspected persons with COVID-19 in line with the approved protocol for case management.
29. All public secondary and tertiary health facilities shall establish sample collection centres, where test samples from suspected cases can be collected and transmitted to an accredited testing laboratory in the State.
30. Notwithstanding the provision of Regulation 27, where a person confirmed to have tested positive to the COVID-19 is:
a. Asymptomatic or has mild symptoms; and
b. Proves able to make an alternative isolation arrangement that satisfies protocols issued by the NCDC, as certified by a healthcare provider and assessment by a medical professional;
such person may use such alternative arrangements, including supervised “home-based care,” for self-isolation and adhere strictly to the guidelines, until confirmed by the healthcare provider to be no longer at risk of infecting others with the virus.
PART 4
Offences and Penalties
31. Any person who contravenes the provisions of these Regulations commits an offence.
32. Any person who, without reasonable cause, contravenes a direction given under Parts 1 and 2 of these Regulations commits an offence.
33. Any person who, without reasonable cause, obstructs an authorised official from enforcement of these Regulations commits an offence.
34. An offence under these Regulations is punishable, on summary conviction, by a fine or a term of six months imprisonment or both in accordance with Section 5 of the Quarantine Act.
PART 5
Enforcement and Application
35. Personnel of the Nigeria Police Force, the Nigeria Security and Civil Defence Corps, the Federal Road Safety Corps, the Nigeria Immigration Service, the Federal Airport Authority of Nigeria, and other relevant Local Government, State and Federal Government agencies are hereby directed to enforce the provisions of these Regulations.
36. Any officer of the enforcement agencies who fails, neglects, or refuses to enforce the provisions of these Regulations shall be subject to disciplinary action by the disciplinary body of his respective agency.
37. The provisions of these Regulations shall apply throughout the Federal Republic of Nigeria.
38. State Governors may issue Regulations on further steps as may be considered necessary.
PART 6
Interpretation and Citation
39. In these Regulations, unless the context otherwise requires:
a. “Offence” means any act, which may constitute a violation of the provisions of these Regulations.
b. “Enforcement Agency” means any law enforcement or security agency vested with the statutory power to investigate and prosecute any person in respect of any of the applicable offences.
c. “Face covering” means a covering of any type (other than a face shield) which covers, fully, a person’s nose and mouth.
d. “gathering(s)” means an assembly or meeting of people.
e. “occupier” means any person who is in current occupation and control of premises either as an owner or lessee.
f. “Public transportation vehicle” means bicycle, motorcycle, tricycle, car, taxi, limousine, bus, train, ship, plane, or any other vehicle of transportation that carries more than one person at a time.
g. “reasonable cause” includes medical emergency, wherein the person in violation forgot to put on face covering, but complied with the directive to do so upon prompting; a natural disaster, wherein persons need to be evacuated into a public space; etc.
40. These Regulations shall take effect immediately and remain in effect until otherwise determined.
41. All other Protocols and Guidelines issued by the PTF, NCDC, and or State Governments, except as expressly provided, shall remain in force.
42. These Regulations may be cited as the Coronavirus Disease (Covid-19) Health Protection Regulations 2021.
By Mike Odiakose, Abuja
Immediate past governor of Kogi State, Yahaya Bello will spend the 2024 Christmas and 2025 New Year days in Kuje prison, Abuja, following refusal of his bail application by the Federal Capital Territory High Court.
Justice Maryann Anenih yesterday adjourned the case until Jan.
29, Feb. 25, and Feb. 27, 2025 for the continuation of the hearing.The former governor is standing trial, along with two others, in an N110 billion money laundering charge brought against him by the Economic and Financial Crimes Commission (EFCC).
Justice Anenih had refused to grant a bail application filed by Bello, saying it was filed prematurely.
The judge admitted Umar Oricha and Abdulsalam Hudu, to bail in the sum of N 300 million each with two sureties.
Justice Anenih, while delivering a ruling said, having been filed when Bello was neither in custody nor before the court, the instant application was incompetent.
“Consequently, the instant application having been filed prematurely is hereby refused,” she said.
Recalling the arguments before the court on the bail application, the judge had said, “before the court is a motion on notice, dated and filed on Nov. 22.
“The 1st Defendant seeks an order of this honourable court admitting him to bail pending the hearing and determination of the charge.
“That he became aware of the instant charge through the public summons. That he is a two-term governor of Kogi State. That if released on bail, he would not interfere with the witnesses and not jump bail.”
She said the Defendant’s Counsel, JB Daudu, SAN, had told the court that he had submitted sufficient facts to grant the bail.
He urged the court to exercise its discretion judicially and judiciously to grant the bail.
Opposing the bail application, the Prosecution Counsel, Kemi Pinheiro, SAN, argued that the instant application was grossly incompetent, having been filed before arraignment.
He said it ought to be filed after arraignment but the 1st Defendant’s Counsel disagreed, saying there was no authority
“That says that an application can only be filed when it is ripe for hearing.”
Justice Anenih held that the instant application for bail showed that it was filed several days after the 1st defendant was taken into custody.”
Citing the ACJA, the judge said the provision provided that an application for bail could be made when a defendant had been arrested, detained, arraigned or brought before the court.
Bello had filed an application for his bail on November 22 but was taken into custody on November 26 and arraigned on Nov. 27.
From Jude Dangwam, Jos
Conference of Autochthonous Ethnic Nationalities Community Development Association (CONAECDA) has called on the federal government to intensify efforts in the resettlement of displaced persons in their ancestral homes.
The organization made this call at the end of its conference held in Jos, the Plateau State Capital weekend.
Thirty resolutions were passed covering security, economy, politics, governance, culture, languages, human rights and indigenous peoples’ rights among others.
The Conference President, Samuel Achie and Secretary Suleman Sukukum in a communique noted that the conference received and discussed reports from communities based on which resolutions were reached on securing, reconstruction, rehabilitation and returning communities displaced by violence across the Middle Belt.
“After considering the reports from communities displaced by violent conflicts, conference resolved, and called on government to focus on providing security to deter further displacements.
“Call on government to provide security to enable communities to return. Government and donor partners should assist in reconstructing and returning displaced communities,” the communique stated.
The GOC 3 Armoured Division Nigeria Army represented by Lt Col Abdullahi Mohammed said the Nigerian Army is committed to working closely with communities to achieve a crime-free society, urging communities to support them with credible information.
“Security is a collective effort, and we cannot do it alone, the community plays a crucial role in ensuring safety.
“We urge everyone here not to shield or protect individuals involved in criminal activities. Transparency and collaboration, together, with maximum cooperation, we can achieve peace, security, and prosperity for our society,” the GOC stated.
The National Coordinator of CONECDA, Dr. Zuwaghu Bonat in his address at the gathering noted that the theme of this year’s program, Returning, Resettling, and Rehabilitating Displaced Communities, was chosen as a wakeup call on the federal government.
He maintained that the organization is aware that President Bola Tinubu has expressed a commitment to ensuring that displaced communities return to their ancestral lands.
He said similarly, some state governments, including Plateau State, have set up committees to address the lingering matter.
The coordinator however cautioned, “It is critical that we avoid generalizations or profiling. For instance, Not all Muslims are involved in terrorism. The overwhelming majority of Muslims in Nigeria are peaceful and reject extremist ideologies.
“We also know that some terrorists exploit religion to mobilize support or rationalize their actions. However, their atrocities – slaughtering women, cutting open pregnant mothers, and killing children show a profound disregard for humanity and God. Normal human beings would not commit such acts.
“We must also be cautious about lumping banditry with terrorism. While statistics indicate that many bandits and kidnappers may share similar ethnic backgrounds, kidnapping has now evolved into a profit-driven enterprise. This distinction is vital to address the root causes effectively,” he stated.
The Governor of Plateau State, Caleb Mutfwang represented by his Senior Special Assistant (SSA) on Middle Belt Nationalities, Hon Daniel Kwada noted that the conference was apt to addressed the various underlying issues bedeviling the region and its people.
“We in the Middle Belt have long been standing at the crossroads of Nigeria’s complex history. Despite our tireless efforts to stabilize this nation, we have faced immense challenges, including underdevelopment, security issues, and marginalization.
“Often, we are unfairly maligned, but gatherings like this offer a chance to change the narrative.
“Such conferences set the tone for better discussions. They allow us to drive processes that bring development, ensure security, and elevate our people to greater heights,” Mutfwang noted.
Securities and Exchange Commission (SEC) has called on banks to reinforce their corporate governance principles and risk management frameworks to boost investor confidence during the ongoing recapitalisation exercise.
Dr Emomotimi Agama, Director-General, SEC, said this at the yearly workshop of the Capital Market Correspondents Association of Nigeria (CAMCAN) held in Lagos.
The theme of the workshop is: “Recapitalisation: Bridging the Gap between Investors and Issuers in the Nigerian Capital Market”.
Agama, represented by the Divisional Head of Legal and Enforcement at the SEC, Mr John Achile, stated that the 2024–2026 banking sector recapitalisation framework offers clear guidance for issuers while prioritising the protection of investors’ interests
He restated the commission’s commitment towards ensuring transparency and efficiency in the recapitalisation process.
The director-general stated that the key to bridging the gap between issuers and investors remained the harnessing of innovation for inclusive growth.
In view of this, Agama said, “SEC, through the aid of digital platform, is exploring the integration of blockchain technology for secure and transparent transaction processing to redefine trust in the market.”
He added that the oversubscription of most recapitalisation offers in 2024 reflects strong investor confidence.
To sustain this momentum, the director-general said that SEC had intensified efforts to enhance disclosure standards and corporate governance practices.
According to him, expanding financial literacy campaigns and collaborating with fintech companies to provide low-entry investment options will democratise access to the capital market.
He assured stakeholders of the commission’s steadfastness in achieving its mission of creating an enabling environment for seamless and transparent capital formation.
“Our efforts are anchored on providing issuers with clear guidelines and maintaining open lines of communication with all market stakeholders, reducing bureaucratic bottlenecks through digitalisation.
“We also ensure timely review and approval of applications, and enhancing regulatory oversight to protect investors while promoting market integrity,” he added.
Agama listed constraints to the exercise to include: addressing market volatility, systemic risks, limited retail participation as well as combating skepticism among investors who demand greater transparency and accountability.
He said: “We are equally presented with opportunities which include leveraging technology to deepen financial inclusion and enhance market liquidity.
“It also involves developing innovative financial products, such as green bonds and sukuk, to attract diverse investor segments.
“The success of recapitalisation efforts depends on collaboration among regulators, issuers, and investors.”
Speaking on market infrastructure at the panel session, Achile said SEC provides oversight to every operations in the market, ranging from technology innovations to market.
He stated that the commission is committed to transparency and being mindful of the benefits and risks associated with technology adoption.
Achile noted that SEC does due diligence to all the innovative ideas that comes into the market to ensure adequate compliance with the requirements.
On the rising unclaimed dividend figure, Achile blamed the inability of investors to comply with regulatory requirements and information gap.
He noted that SEC had done everything within its powers to ensure that investors receive their dividend at the appropriate time.
He, however, assured that the commission would continue to strengthen its dual role of market regulation and investor protection to boost confidence in the market.
In her welcome address, the Chairman of CAMCAN, Mrs Chinyere Joel-Nwokeoma, said banks’ recapitalisation is not just a regulatory requirement, but an opportunity to rebuild trust, strengthen the capital market, and drive sustainable growth.
Joel-Nwokeoma stated that the recent recapitalisation in the banking sector had brought to the fore the need for a more robust and inclusive capital market.
She added that as banks seek to strengthen their balance sheets and improve their capital adequacy ratios, it is imperative to create an environment that fosters trust, transparency, and cooperation between investors and issuers.
The chairman called for collaboration to bridge the gap between investors and issuers to create a more inclusive and vibrant Nigerian capital market.She said: “we must work together to strengthen corporate governance and risk management practices in banks, enhance disclosure and transparency requirements for issuers.” NAN
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