Osun state government has directed law enforcement agencies to arrest and detain anybody that refused disperse in public gatherings in the state.
The Attorney General and Commissioner for Justice in the state, Oluwafemi Akande, made the order in a legal framework for the enforcement of government guideline and restraints to contain the spread of COVID-19 in the state, issued and made available to news men, Sunday.
According to the order, anybody that violate the laid down principle of government shall be prosecuted under the Criminal Code Cap 34, Vol II, laws of Osun state, 2003.
“Any person who – Convenes the outright ban on Public gathering; or permits public gathering in a premises for any religious, social or political gathering;
“Hinders, interferes with, or obstructs a Law Enforcement Officer in the exercise of his or her powers, or the performance of his or her duties in terms of these measures;
“May be prosecuted for an offence under the provisions of Sections 61, 202 and 203 of the Criminal Code Law, Cap 34, and Laws of Osun State 2002.
He said the same also affect drivers and proprietors of schools, adding “any person who – intentionally misrepresents that he, she or any other person is infected with COVID-19, may be prosecuted for an offence under theCriminal Code Law, Cap 34, and Laws of Osun State, 2002.
According to him, “A law enforcement officer must, order the persons at the gathering to disperse immediately; and if they refuse to disperse, take appropriate action, which may, subject to the Criminal Code Law, Cap 34, Laws of Osun State, 2002 and the Constitution of the Federal Republic of Nigeria, 1999 (as amended) include arrest and detention.
“A law enforcement officer who observes excess passengers in any commercial transport must direct the driver of such transport to immediately disembark the excess passengers.
“If such driver refuses, take appropriate action, which may, subject to the Road Traffic Law, Cap 146, Laws of Osun State, 2002 include impounding the vehicle, motorcycle or tricycle and/or subject to the Criminal Code Law, Cap 34 Laws of Osun State, 2002 and the Constitution of the Federal Republic of Nigeria, 1999 (as amended) include arrest and detention.
“Any person who- intentionally exposes another person to COVID-19 may without prejudice to the provisions of Section 247b of the Criminal Code Law, Cap 34, Laws of Osun State, be prosecuted for the offence of assault, attempted murder or murder as applicable in the circumstance.
“Any person who -intentionally misrepresents that he, she or any other person is infected with COVID-19 may be prosecuted for an offence under the Criminal Code Law, Cap 34, and Laws of Osun State, 2002.
“Any person who -publishes any statement, through any medium, including social media, with the intention to deceive any other person or the public about COVID-19; or any measure taken by the Government to address COVID- 19, may be prosecuted for an offence under Section 60 of the Criminal Code Law, Cap 34, Laws of Osun State, 2002.
“Where a law enforcement officer willfully and unlawfully violates the rights of a citizen, such conduct amounts to gross misconduct and such officer may be liable to criminal prosecution without prejudice to the right of the victim to seek civil remedies including compensation.”
He advised the people of the state to take to the advisory within 30 days that it will last or as may be extended by evolving situation.
