AN OVERVIEW OF LEGAL INSTRUMENTS ON HEALTH GOVERNANCE MECHANISMS ON INFECTIOUS DISEASES IN NIGERIA IN THE LIGHT OF THE COVID-19 PANDEMIC

Abstract

Nothing has killed more people throughout history than infectious diseases. COVID-19 demonstrated how vulnerable the world remains, and how similar pandemics can be better prevented and managed in the future. The world recorded one million COVID-19 deaths in September 2020, while Africa recorded about 35,954 deaths. The situation is not different in Nigeria, with the avoidable loss of many lives. Nigeria is the most populous country in Africa and despite the marginal improvements in public health responses to infectious disease from 39% in 2017 to 54% in 2023, the Quarantine Act (QA) of 1926 which is the active national law on disease surveillance in Nigeria is archaic and not robust or comprehensive enough resulting in poor quality health governance, implementation and management of infectious diseases emergencies and responses. There is a need to reverse the trend and for the Nigerian government to improve its health outcomes by strengthening the healthcare systems to achieve quality health governance of infectious diseases. Therefore, in the light of the COVID-19 Pandemic and using the doctrinal research methodology whereby primary and secondary sources of data are analysed, this study sought to review and interrogate the status and adequacy of the legal instruments and other regulatory measures for infectious disease in Nigeria. The primary sources consist of information from municipal statutes and government policies/regulations while textbooks, case laws, conference proceedings, journals, periodicals, internet resources, and the media constitute the secondary sources accessed for the study. It was found that the QA, apart from being outdated, is plagued by several shortcomings such as negative impact on fundamental rights, weak institutional framework and infrastructure, lack of transparency in its implementation, and poor stakeholder engagement, resulting in the citizens working at cross purposes with the government and various health institutions. Other challenges include specific concerns about the powers granted to the President during pandemic outbreaks, the potential for arbitrary restrictions of the populace and the lack of clear guidelines for reporting and enforcement. These challenges can be remedied by amendment of the extant laws like the QA and other regulations, providing more robust and decentralised response mechanism and enabling prompt actions in remote areas. The paper, therefore, recommends the review and updating of the QA in Nigeria in line with global best practices to facilitate efficient and effective management of responses to public health emergencies and coordination and collaboration at all levels.