Question:
Does the Lagos State Public Health Law confer the powers to make Regulation on the Governor under the aforesaid law?
Bear in mind that in the Preamble of the Lagos State Regulation on Covid-19, it stated thus:
"In exercise of the platitude of powers conferred on me in that regard by Lagos State Public Health Law... I make the following regulations"...
There's no provision of the Lagos State Public Health Law that confers the plenitude of powers aforesaid on the Governor.
By the combined provisions of Sections 1, 53 and 69 of the Lagos State Public Health Law, the powers to make Regulations resides in the Commissioner of Health. Not the Governor.
The powers of enforcement also reside in the Commissioner of Health or any other State or Council officials. See Section 2 of the law. And Section 69 defines who has powers of enforcement. The Governor isn't included.
Technically, the Regulation can be challenged as it was made by someone not clothed by the law. The Regulation was not legally and lawfully issued. In the face of the law, nothing valuable in law can be derived from it. It is a nullity.
I shall look at The second ambit of the Preamble another day. The Magistrate which tried Jenifa yesterday had no jurisdiction, let alone powers to sentence and or convict her. The defect in the Regulation is incurable.
The above is for Gbadamosi. He should take the not-guilty plea, if arraigned, and challenge the jurisdiction of the Magistrate to try him.
Other issues as the power to regulate without approval of the Lagos Assembly can be raised. This is the end of the public interest tweet-thread, whose sole purpose is to give clarity to the law.
Good night from the sanctum sanctorum of the shrine.

Asiere!
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