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 Benue State University, Makurdi

LAW JOURNAL VOLUME 10, 2021


Executive orders and Fundamental Human Rights Regime in the wake of Corona Virus Pandemic in Nigeria: An Evolving Regime

Nnawulezi Uche* and C.G.C Ukanwa,**

Abstract

Fundamental Human Right's issues to a large extent are been neglected and violated in the wake of Corona Virus Pandemic in Nigeria. The Nigerian fundamental rights regime is today bedeviled with series of challenges such as issues of suspension of laws and the introduction of several measures needed to deal with the spread of the virus that undermines human rights and rule of law. Fact reveals other issues include powers given to the security forces to monitor and enforce the lockdown orders are not always understood or obeyed. This study analyzes the reasons and legal issues in line with the incessant complaints by Nigerians that the stay at home restriction orders have had deleterious consequences on the poor, the low income earners and the millions of Nigerians who rely on informal activities to make a living for themselves. However, this paper argues that the emergence and the application of executive orders in Nigeria is responsible for the current challenges on fundamental rights regime in the wake of corona virus pandemic. This article applies a doctrinal legal research methodology, and adopts analytical and qualitative approach and builds its argument on existing literatures which is achieved by a synthesis of ideas. More importantly, necessary recommendations are made. This paper concludes that the essence of re-examining the executive orders is to ensure that it will be used in a manner that it will not undermine the gains made in the last three decades in recognizing, protecting human rights and respect for the rule of law in Nigeria.

Key words: Executive Order, Fundamental Rights, Regime, Corona Virus, Pandemic.

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