When the House of Representatives resumed its phased plenary on Tuesday April 28, 2020, it received a bill, seeking to repeal the existing 2004 Nigerian law on human quarantine, and enact a new infectious diseases control law, which it skipped certain procedures to refer for the consideration of its committee of the whole. JOSHUA EGBODO reviews the controversies in the aftermath of its hurried passage.
The genesis
To many, the controversial Infectious Diseases Control Bill, sponsored by the Speaker of the House, Femi Gbajabiamila alongside two of his colleagues, may have been a response to the lingering scourge of the coronavirus, also known as COVID-19, as it was to such persons, a move to have in place, a stronger quarantine law for Nigeria.
According to Gbajabiamila, who presented the general principles of the proposed piece of legislation on behalf of his cosponsors, it seeks to further empower the Nigeria Centre for Disease Control (NCDC), and allow it to do its job effectively, with provisions relating to quarantine, and make regulations for preventing the introduction into, and spread in Nigeria, of dangerous infectious diseases and for related matters.
Immediate concerns
With earlier explanations that the NCDC would be empowered to compulsorily administer vaccines on the citizens, where and when it deems it so fit as preventive measure against the spread of any infectious disease, and also the power to take over any property, whether privately or publicly owned, to be used for purposes of quarantine or isolation of suspected victims of such diseases, some members immediately kicked. Making contribution, Hon. Sergius Ogun urged the house to be cautious, by avoiding giving so much power to the NCDC. “We must be careful with vaccines and avoid any (form of possible) conspiracy”, he warned.
Also, Bamidele Salam while objecting to the passage of the bill noted that it may have been well intended but that there were certain areas that needed to be adjusted. “How are we sure that immediately after the pandemic, we will not go back again about the state of our health Institutions?”, he queried.
In a similar manner, Hon Uzoma Nkem-Abonta argued against the plan of the house to skip the process of public hearing on the bill after pointing out that copies of the said bill were not made available to members for proper scrutiny, saying that while it was good to address the challenges of diseases spread, there may be need to take time in doing so, stressing that “direction is superior to speed. If we are going to do away with public hearing then we must seek for direction and not speed”.
Oppositions subdued
The chairman of the Committee on Ethics and Privileges, Hon Nicholas Ossai, who was one of those who backed the passage of the bill, said all the clauses of the bill captures the need to treat and handle outbreaks urgently, citing section 47 of the draft bill, which makes it mandatory at a time when there is an outbreak, for the NCDC to swing into action. The bill eventually scaled second reading through majority of votes in support, and was subsequently referred to the committee of the whole House, by Deputy Speaker Idris Wase, for further action.
Public outcry
The hurried passage of the bill was to be greeted with public outcry, with many observers questioning the real intention behind some of the provisions they described as “draconian”. While some arguments were in favour of subjecting the said Bill to public hearing for stakeholders’ inputs, others called for outright withdrawal of the proposal. Most recently, the Christian Association of Nigeria (CAN), in a letter advised Gbajabiamila to withdraw the bill.
The $10m bribery allegation
While the debate was rife in the public domain, allegation of a $10 million bribe reportedly doled out by Bill Gates to the lawmakers to facilitate passage of the controversial bill surfaced online, sparking wider objections. Leading the pack of some championing the opposition against the passage of the bill, and with belief that there must have been some underhand dealings was the Conference of United Nigeria Political Parties (CUNPP), which alleged that lawmakers in the House of Representatives were offered $10 million for the speedy passage of the bill by Mr Gates.
The body was quoted in a statement late Monday May 4, 2020, saying it was in possession of intelligence report that the leadership of House is determined to pass what it termed the compulsory vaccination bill without subjecting it to the age-long established norm of public hearing, before such a law is passed.
“Opposition Coalition (CUPP) has intercepted very credible intelligence and hereby alerts Nigerians of plans by the leadership of the House of Representatives led by Femi Gbajabiamila to forcefully and without adherence to the rules of lawmaking to pass the Control of Infectious Diseases Bill 2020 otherwise known as the Compulsory Vaccination Bill which is proposing a compulsory vaccination of all Nigerians even when the vaccines have not been discovered.
“This intelligence is coupled with the information of the alleged receipt, from sources outside the country but very interested in the Bill, of the sum of $10 million by the sponsors and promoters of the Bill to distribute among lawmakers to ensure a smooth passage of the Bill.
“This will manifest in a wishy-washy public hearing which the promoters still insist on cancelling under the pretext of containment of the spread of the coronavirus. The intelligence is that the House will under whatever guise pass the Bill tomorrow 5th May, 2020 upon resumption”, it stated while expressing stern opposition to passage of the bill, which it described as “foreign sponsored”.
The body argued further that “the Nigeria Centre for Disease Control, NCDC did not make any contributions to the drafting of the Bill and has even told Femi Gbajabiamila to suspend the Bill as the timing is very wrong but Mr. Gbajabiamila believes he can secure the silence and acquiescence of the NCDC with all the illegal powers been provided for the NCDC in the Bill….”.
Threat of court action
Back in session the following day, the House of Representatives resolved to head to court over weighty allegation of the $10 million bribe. Following the resolution, which was fallout of a motion moved under personal explanations by Deputy Speaker Idris Wase, Speaker Gbajabiamila directed the Clerk of the House, Mr. Patrick Giwa, to liaise with the Majority Leader of the House and the Legal Adviser to the National Assembly to commence the process.
The house followed with putting together, an investigative panel headed by Henry Nwawuba to unravel those behind the damaging report, with a mandate to return its findings within 10 days. Besides the online media organisation which first published the said report, it is not clear if others would be joined in the court action.
Wase in the motion explained to his colleagues that he had no knowledge of such bribe money exchanging hands, and neither had he collected any from anyone.
The u-turn
The house, however, bowed to popular demand, and on the same day made u-turn on its initially adopted procedure on the controversial bill. Addressing his colleagues, Gbajabiamila said the Control of Infectious Diseases Bill was conceived in the best interest of the citizens, adding that the allegation that it was a sinister attempt at turning Nigerians into guinea pigs for medical research while taking away their fundamental human rights wears nothing close to the truth, and the real intention behind it.
He said the house will subject the bill to a public hearing where Nigerians from all walks of life would be given the opportunity to make their inputs, even as he admitted that there had been barrage of criticisms against it, since its introduction the week earlier.
“Suffice it to say that none of these allegations are true. Unfortunately, we now live in a time when conspiracy theories have gained such currency that genuine endeavours in the public interest can quickly become mischaracterised and misconstrued to raise the spectre of sinister intent and ominous possibility.
“This House of Representatives will never take any action that purposes to bring harm to any Nigerian here at home or abroad. As we have thus far shown by our conduct, the resolutions and actions we take in this 9th House of Representatives will always be in the best interests of the Nigerian people who elected us, and no one else”, he said, expressing regrets that “in the recent uproar, certain fundamental truths have been lost….”.
A good intention twisted?
Dissecting Gbajabiamila’s justification of the good intentions behind the bill as he addressed his colleagues, many followers of the development have wondered how the move went awry. The speaker had argued that “our current framework for the prevention and management of infectious diseases is obsolete and no longer fit for purpose”.
However, many blamed the house, for seemingly putting the cart before the horse, though in an understandable desperation to hastily address an emergency, as to them, experts’ collaboration with simultaneous public enlightenment on the bill would have done a lot good on its outcome.
Now that public input opportunity has been created and promised by Gbajabiamila; however the House may improvise to achieve same in this challenging time, much may be expected of it as far as transparency is concerned. This, perception experts said was the best way to clear the already deep rooted doubts in the minds of the citizens.
