Control of Infectious Diseases Bill: Court Never Ordered Stay Of Action, H/Reps Insists

The House of Representatives has insisted that the Federal High Court sitting in Abuja has not ordered it to stay action on the controversial Control of Infectious Diseases Bill, 2020 (the “Bill”).

It maintained in a statement by its Spokesman, Benjamin Okezie Kalu, that the court had granted it the opportunity to appear before and enter the relevant defence.

Kalu said: The truth of the matter is that although the applicant, by way of a motion exparte, sought a court order suspending the consideration of the Bill by the House, the court in its wisdom and in the interest of justice and fair hearing, declined to grant the reliefs sought by Applicant in order to enable the Respondents in the case to appear before it and enter a defence.

“For the sake of clarity, the crux of the court’s decision in the abovementioned suit is reproduced hereunder, “Upon hearing this Motion Ex-parte as moved by learned counsel to the Applicant and upon careful consideration of the averments in the affidavit in support, Exhibits attached and the written and oral address of learned counsel, the Court is of the view that bearing in mind the weighty averments in the affidavit in support which are intended to stay the Legislative actions of the Respondents in regard to the Bill in disputation and the exigencies of the times (that is to say the COVID-19 pandemic) and the attendant hysteria in the polity, the Court is of the opinion, that it is in the interest of justice to hear the Respondents before making a long term decision in this case.

“It is for this reason that I hereby make an Order mandating the Respondents to appear before this Court on the 20th day of May 2020 to show Cause why the application of the Applicant should not be granted.”

“It is unfortunate that the purport of the interim order was wrongly reported. The House, therefore, wishes to put the order of the court in proper perspective and state that the act of legislation is a sacred and constitutional responsibility which should not be subjected to flimsy or superficial reportage in the interest of our democracy.

“While the respondents await official service of processes in the abovementioned suit as directed by the court, the House reiterates that as a creation of the Nigerian Constitution, it will continue to perform its lawful mandate without jeopardizing its healthy deference to the judicial system and the process of adjudication.”