Like reps, senate seeks compulsory vaccination against infectious diseases

A bill seeking compulsory vaccination of children against infectious diseases passed first reading at the senate on Tuesday.

The proposed law sponsored by Chukwuka Utazi, senate committee chairman on primary health care and communicable diseases, is in response to the outbreak of COVID-19 in the country.

Nigeria has been fighting the disease using a quarantine law of 1926 which the new bill seeks to repeal.

The introduction of the bill at the senate is coming after the house of representatives introduced its version and passed it for second reading last week.

The version of the bill in the house has since elicited a debate among Nigerians with many describing it as “draconian”. It provides for compulsory vaccination of children and the declaration of any building as an isolation centre among others.

There has been a rumour that Bill Gates, co-chairman of Bill and Melinda Gates Foundation, wants to implant ‘microchips’ in people with his vaccine but this claim is false.

After the bill was introduced at the senate on Tuesday, Ike Ekweremadu, senator representing Enugu west, said he had not seen the details of the bill, adding that the upper legislative chamber should not go the same way with the house.

“Recall that we have a controversial bill in the house of reps on quarantine act amendment. So I want to be sure that we don’t go the same route,” he said.

Curiously, the senate’s version entitled ‘Protection Against Infectious Diseases Bill’ has six parts and 79 clauses, and it is similar to that of the house.

Here are highlights of the bill:

DISCRETIONARY POWERS

The proposed law empowers relevant authorities to take action as they deem fit in containing the spread of infectious diseases.

Clause 8 (1) of the bill provides that “the director-general (of the Nigeria Centre for Disease Control (NCDC) may, for the purpose of investigating into any outbreak or suspected outbreak of an infectious disease, preventing the spread or possible outbreak of an infectious disease, or treating any person who is, or is suspected to be, a case or carrier or contact of an infectious disease — (a) require any healthcare professional to obtain from his patient such information as the Director General may reasonably require for that purpose and transmit such information to the Director-General and

“(b) with the approval of the Minister, prescribe by order any general or specific measures or procedures for that purpose for compliance by any healthcare professional, hospital, medical clinic, clinical laboratory or healthcare establishment.”

Clause 14 (1) of the bill states that “the director-general may, in his discretion, order any person who is, or is suspected to be, a case or carrier or contact of an infectious disease to undergo surveillance for such period of time and subject to such conditions as the director thinks fit.”

The bill in clause 23 empowers “a health enforcement officer, police officer or any authorised officer on the directive of the appropriate authority may apprehend and take any person suffering from any infectious disease whom the officer finds on any street, public place, shop or public transportation to a hospital.”

N’ASSEMBLY EMPOWERED TO ANNUL QUARANTINE ORDER OF THE PRESIDENT 

The bill empowers the national assembly to annul a quarantine order made by the president.

Clause 3 (7) provides that “if a resolution is passed by both Houses of the National Assembly annulling the order or declaration, it shall cease to have effect, notwithstanding subsection (3) or (4) (whichever is applicable), but without prejudice to anything previously done by virtue thereof.”

NO WAKE FOR CORPSE SUSPECTED TO BE INFECTED

The bill empowers the NCDC director-general to prohibit a wake for a person suspected to have died of an infectious disease.

Clause 12 (1) states that “where any person has died whilst being, or suspected of being, a case or carrier or contact of an infectious disease, the Director General may by written order — (a) prohibit the conduct of a wake over the body of that person or impose such conditions as he thinks fit on the conduct of such wake; Provided that such wake may be conducted where the body of the dead person is not brought physically to the vicinity of the wake or

“(b) impose such conditions as he thinks fit for the collection, removal and disposal of the corpse.”

ANY PREMISES COULD BE DECLARED AN ISOLATION CENTRE

The bill empowers the minister of health to declare any property an isolation centre for not more than 21 days at a time.

Clause 15 (1) states “the Minister may, for the purpose of preventing the spread or possible outbreak of an infectious disease, by notification in the Gazette declare any premises to be an isolation area.

“(2) A notification under subsection (1) shall be effective until the expiration of such period as may be specified in the notification which shall not exceed a period of 21 days unless renewed or until it is revoked by the minister, whichever occurs first.”

HEALTH OFFICER, POLICE TO TAKE ANY NECESSARY ACTION TO ENSURE COMPLIANCE

The proposed law empowers health officers and the police to take any action they deem necessary to ensure compliance.

Clause 15 (4) states that “a designated Health Officer or a police officer may take any action that is necessary to give effect to an order under subsection (3).”

ONLY CREMATED ASHES ARE ALLOWED INTO NIGERIA

The bill says only cremated ashes should be allowed into the country.

Clause 40 (1) states that “no corpse or human remains or bones other than cremated ashes, shall be brought into or transhipped or exported from Nigeria, unless accompanied by a medical certificate or other evidence showing the name of the deceased, the date and cause of death and the measures adopted to preserve the body.”

COMPULSORY VACCINATION

The bill provides for mandatory vaccination of children shortly after they are born.

Clause 45 (1) provided that “the parent or guardian of every child in Nigeria shall ensure that the child is vaccinated against the diseases set out in the Fourth Schedule.

“(2) The Registrar of Births and Deaths shall, immediately after the registration of the birth of a child, issue to the parent or guardian of the child a notice requiring the child to be vaccinated against the diseases to which this section applies.

Clause 46 (1) states that “In an outbreak or a suspected outbreak of any infectious disease in any area in Nigeria, the Director General may by written order direct any person or class of persons not protected or vaccinated against the disease to undergo vaccination or other prophylaxis within such period as may be specified in the order.

“(2) In addition to the power conferred by subsection (1), where it appears to the Director that —

“(a) an outbreak of an infectious disease in any area in Nigeria is imminent; and

“(b) It is necessary or expedient to do so for the securing of public safety, the Director may by order direct any person or class of persons not protected or vaccinated against that infectious disease to undergo vaccination or other prophylaxis within such period as may be specified in the order.

“(3) Any order made under subsection (1) or (2) may specify the person by whom and the way the vaccination or other prophylaxis is to be carried out.

“(4) Where any order is made under subsection (1) or (2), the Director General shall cause notice of the effect of the order to be given in such a manner as he thinks necessary for bringing it to the notice of all persons who in his opinion ought to have notice thereof.”

N100,000 FINE FOR TAMPERING WITH A MARKED PLACE

The bill provides anybody guilty of tampering with the mark of an infectious disease area will be liable to a N100,000 fine.

Clause 22 provides that “a designated health officer may cause to be placed any mark on or about a premises in which any case of infectious disease has occurred for the purpose of denoting the occurrence of such disease, and may keep such mark affixed for a period of 14 days, and any person removing or obliterating any such mark without the authority of a health officer commits an offence and is liable on conviction to a fine of N100,000.00 (One Hundred Thousand Naira) or to a community service as may be the determined by the Magistrate.”