The Quarantine Act V. NCDC Act Debate: Legislative Congruity, Legislative Superfluity, or Implied Repeal?

Quarantine Act

The advent of COVID-19 in Nigeria brought about the urgent need for governments to put in place measures to curtail the spread of the deadly disease. This led to the adoption by some State Governments of legislative measures, policies, and directives in their respective States, pursuant to the provisions of the Quarantine Act which permit State Governments to designate a disease as an infectious disease and make regulations to stem the spread of infectious diseases to and from States where the President has not exercised his regulation-making powers in respect of such State.

Notably, the Lagos State Government was in the vanguard of these legislative measures having issued the Lagos State Infectious Diseases (Emergency Prevention) Regulations 2020 on March 27, 2020. On March 30, 2020, the Federal Government, issued the COVID-19 Regulations 2020 (the FG Regulations) which, inter alia, imposed restriction on movements in Lagos, Ogun, and the Federal Capital Territory. Following this move by the Federal Government, some States to which the restriction/lockdown measures in the FG Regulations did not apply – such as Edo State and Osun State, also issued similar regulations in their respective States.

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