Why the Poor Fine of N200.00 for Not Wearing Face Mask Can’t Change.

Why the Poor Fine of N200.00 for Not Wearing Face Mask Can’t Change. Daily Law Tips (Tip 734) by Onyekachi Umah, Esq., LL.M, ACIArb(UK)

Introduction: 

Laws are made with sanctions to ensure compliance. Wearing face mask is not comfortable, however, it is a key to survival in a world of Coronavirus. Hence, on 26 January 2021, the Federal Government of Nigeria made a regulation criminalizing the failure to wear face mask in public places. To ensure compliance, the federal regulation has sanctions/punishments. Many have argued that the fine for the offence is too poor. This work reveals the shameful fine of N200.00 for not wearing face mask and also explains why the fine cannot be changed by the President of Nigeria or by an executive order/regulation.

Fine for No Face Mask:

The National Assembly is the federal legislature that makes federal laws for the entire Nigeria. The federal legislature is free to also delegate some of its legislative powers to the President of Nigeria, a Federal Minister or any other presidential appointee, to make regulations (subordinate legislations). This means that the President of Nigeria can while relying on a federal law, make executive orders and regulations that will have the powers of a federal law, as if they were made by the federal legislature. However, such regulations can never contradict their parent legislatures (federal laws) made by the federal legislature.

It is on the above understanding, that the President of Nigeria made “the Coronavirus Disease [COVID-19] Health Protection Regulations 2021”. The President made the new federal regulation on Coronavirus, while relying on his powers donated by the legislatures via the Quarantine Act of 1926. Yes, the Quarantine Act is 95 years old, having been made on the 27 May 1926. Expectedly, the words, ideas and spirits of the Quarantine Act seem to be far from the realities of the present-day Nigeria.

Since the new regulation on COVID-19 is a regulation that draws its validity from a federal law, it cannot surpass the federal law. As such, the highest punishment that the federal regulation can sanction must not be above the highest punishment that its parent federal law can sanction. In this case, the highest punishments in the Quarantine Act of 1926 are fine of Two Hundred Naira (N200.00) and an imprisonment for six (6) months, either or both. So, the highest punishment that the federal regulation on COVID-19 can be is anything equal or less than the fine of Two Hundred Naira (N200.00) and an imprisonment for six (6) months.

Conclusion:

Democracy thrives on laws. By separation of power, only the federal legislatures can make federal laws for Nigeria. Laws once made by the legislature remains valid until amended by the legislature. The harshness or stupidity of a law does not affect the validity of the law, so far as the law does not contradict the constitution of Nigeria.

Any quasi-legislative powers enjoyed by the President of Nigeria must be exercised in total submission to the will and spirits of federal laws made by the federal legislature. Consequently, the President of Nigeria can make federal regulations on COVID-19 but cannot make a punishment higher than any punishment contained in the 95-year old Quarantine Act of 1926. The powers to increase the shameful fine of N200.00 for failure to wear face mask rests on the heavily paid National Assembly of Nigeria.

The federal legislature must be woken up to perform its statutory duties and save lives of Nigerians and persons in Nigeria. There will be little or no serious enforcement of the regulation on compulsory wearing of face mask where there is a negligible fine of N200.00. Also, the discretion of courts to award the poor fine or even lower sums in place of an imprisonment is lawful. By the way, no court in Nigeria can award a punishment that is higher than the maximum punishment created by the law in Nigeria for the offence tried. Courts, judges and magistrates are not law makers rather interpreters of laws, without powers to add or subtract.

My authorities, are:

1. Sections 1, 2, 3, 4, 5, 6, 318 and 319 of the Constitution of the Federal Republic of Nigeria, 1999.
2. Sections 1, 2, 3, 4, 5, 7 and 8 of the Quarantine Act of 1926.
3. Regulations 5, 6, 7, 8, 10, 15, 18, 24, 31, 32, 33, 34, 39, 40, 42 of the Coronavirus Disease [COVID-19] Health Protection Regulations 2021
4. Onyekachi Umah, “N200.00 is the Highest Fine for Not Wearing Face Mask.” (LearnNigerianLaws.com, 4 February 2021) <https://sabilaw.org/n200-00-is-the-highest-fine-for-not-wearing-face-mask/> accessed 10 February 2021.
5. Onyekachi Umah, “Not Wearing a Face Mask Is Now A Crime” (LearnNigerianLaws.com, 29 January 2021) <https://sabilaw.org/not-wearing-a-face-mask-is-now-a-crime/> accessed 2 February 2021.
6. Onyekachi Umah, “Failure To Wear Nose Mask Is Not An Offence In Nigeria.” (LearnNigerianLaws.com, 28 April 2020) <https://sabilaw.org/failure-to-wear-nose-mask-is-not-an-offence-in-nigeria-daily-law-tips-tip-557-by-onyekachi-umah-esq-llm-aciarbuk/> accessed 28 January 2021.
7. Onyekachi Umah, “Nigeria Has No Law Against Public Gathering During COVID-19 Era.” (LearnNigerianLaws.com, 14 April 2020) <https://sabilaw.org/nigeria-has-no-law-against-public-gathering-during-covid-19-era-daily-law-tips-tip-547-by-onyekachi-umah-esq-llm-aciarbuk/> accessed 28 January 2021.
8. Onyekachi Umah, “Is There a Quarantine Act Made in 2004, After That of 1926 in Nigeria?” (LearnNigerianLaws.com, 5 May 2020) <https://sabilaw.org/is-there-a-quarantine-act-made-in-2004-after-that-of-1926-in-nigeria-daily-law-tips-tip-562-by-onyekachi-umah-esq-llm-aciarbuk/> accessed 28 January 2021.
9. Onyekachi Umah, “Court That Can Try Cases On Quarantine And Lockdown In Nigeria.” (LearnNigerianLaws.com, 23 April 2020) <https://sabilaw.org/court-that-can-try-cases-on-quarantine-and-lockdown-in-nigeria-daily-law-tips-tip-554-by-onyekachi-umah-esq-llm-aciarbuk-2/> accessed 28 January 2021.
10. Onyekachi Umah, “Punishment For Violation Of The COVID-19 Regulations Or The Quarantine Act.” (LearnNigerianLaws.com, 6 April 2020) <https://sabilaw.org/punishment-for-violation-of-the-covid-19-regulations-or-the-quarantine-act-daily-law-tips-tip-541-by-onyekachi-umah-esq-llm-aciarbuk/> accessed 28 January 2021
11. Onyekachi Umah, “Illegality Of Covid-19 Regulations Of 2020 And The Toothless Quarantine Act Of 1926” (LearnNigerianLaws.com, 1 April 2020) <https://sabilaw.org/illegality-of-covid-19-regulations-of-2020-and-the-toothless-quarantine-act-of-1926-daily-law-tips-tip-538-by-onyekachi-umah-esq-llm-aciarbuk/> accessed 28 January 2021.
12. Onyekachi Umah, “How To Legally Declare State Of Emergency Over Covid-19 In Nigeria Or Any State.” (LearnNigerianLaws.com, 15 May 2020) <https://sabilaw.org/how-to-legally-declare-state-of-emergency-over-covid-19-in-nigeria-or-any-state-daily-law-tips-tip-570-by-onyekachi-umah-esq-llm-aciarbuk/> accessed 28 January 2021
13. Onyekachi Umah, “Can “NCDC” Make Regulations For Nigeria?” (LearnNigerianLaws.com, 29 April 2020) <https://sabilaw.org/can-ncdc-make-regulations-for-nigeria-daily-law-tips-tip-558-by-onyekachi-umah-esq-llm-aciarbuk/> accessed 28 January 2021.
14. Onyekachi Umah, “Management and Disposal of COVID-19 Corpses in Nigeria.” (LearnNigerianLaws.com, 27 April 2020) <https://sabilaw.org/management-and-disposal-of-covid-19-corpses-in-nigeria-daily-law-tips-tip-556-by-onyekachi-umah-esq-llm-aciarbuk/> access 28 January 2021.
15. Onyekachi Umah, “COVID-19 and Landlords: Can Government Force Landlords Not To Eject Tenants?” (LearnNigerianLaws.com, 15 April 2020) <https://sabilaw.org/covid-19-and-landlords-can-government-force-landlords-not-to-eject-tenants-daily-law-tips-tip-548-by-onyekachi-umah-esq-llm-aciarbuk/> accessed 28 January 2021.
16. Onyekachi Umah, “Punishment For Price Increment During COVID-19 Lockdown In Lagos State.” (LearnNigerianLaws.com, 13 April 2020) <https://sabilaw.org/punishment-for-price-increment-during-covid-19-lockdown-in-lagos-state-daily-law-tips-tip-546-by-onyekachi-umah-esq-llm-aciarbuk/> accessed 28 January 2021.
17. Onyekachi Umah, “Persons That Must Provide Medical Equipment For COVID-19.” (LarnNigerianLaws.com, 10 April 2020) <https://sabilaw.org/persons-that-must-provide-medical-equipment-for-covid-19-daily-law-tips-tip-545-by-onyekachi-umah-esq-llm-aciarbuk/> accessed 28 January 2021.
18. Onyekachi Umah, “Can An Offender Be Convicted Under The Lagos State Infectious Diseases Regulations Or Other States’ Regulations?” (LearnNigerianLaws.com, 9 April 2020) <https://sabilaw.org/can-an-offender-be-convicted-under-the-lagos-state-infectious-diseases-regulations-or-other-states-regulations-daily-law-tips-tip-544-by-onyekachi-umah-esq-llm-aciarbuk/> accessed 28 January 2021.
19. Onyekachi Umah, “The COVID-19 Laws In States Or State Of Emergency: Best Tool In Fighting Coronavirus?” (LearnNigerianLaws.com, 8 April 2020) <https://sabilaw.org/the-covid-19-laws-in-states-or-state-of-emergency-best-tool-in-fighting-coronavirus-daily-law-tips-tip-543-by-onyekachi-umah-esq-llm-aciarbuk/> accessed 28 January 2021.
20. Onyekachi Umah, “House Rent And COVID-19: Can Landlords Evict Tenants?” (LearnNigerianLaws.com, 7 April 2020) <https://sabilaw.org/house-rent-and-covid-19-can-landlords-evict-tenants-daily-law-tips-tip-542-by-onyekachi-umah-esq-llm-aciarbuk/> accessed 28 January 2021.
21. Onyekachi Umah, “Shooting Of Isolation Centers’ Escapees Is Unlawful And Punishable.” (LearnNigerianLaws.com, 3 April 2020) <https://sabilaw.org/shooting-of-isolation-centers-escapees-is-unlawful-and-punishable-daily-law-tips-tip-540-by-onyekachi-umah-esq-llm-aciarbuk/> accessed 28 January 2021.
22. Pic credit: freepik. Com

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