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AJLHR 5(1) 2021
Page | 198
COVID-19 LOCKDOWN, RIGHT TO PERSONAL LIBERTY AND HEALTH
ISSUES IN NIGERIA VIS-A-VIS THE ADVENT OF INFORMATION
COMMUNICATIONS TECHNOLOGY: AN APPRAISAL*
Abstract
Public Health Emergencies have been characterised with several restrictions to the
fundamental Rights of Citizens. Right to Freedom of Association and Movement, are limited
as a measure to curb the spread of Infectious Diseases during public health crisis. Such
restriction presents a challenge to citizens’ governance, political participation and access to
Healthcare. This paper adopts the doctrinal approach in addressing the legal and policy
framework for such restriction in time of health crisis. The paper discovers that the use of
Information communications Technology during health emergencies bridges the gap in
governance, citizen participation and adequate health care services delivery. The paper
concludes by making far reaching recommendations on the need for the enactment of specific
laws, which expressly provides for virtual or remote participation, E-governance and E-
healthcare during Public Health Emergencies.
Keywords: E-Governance, Public Health Emergency, COVID-19, Information
Communications Technology (ICT’s), Human Right, Regulations.
1. Introduction
The world has often been faced with multifaceted challenges posed by Dangerous Infectious
Disease, which has constituted Public Health Emergencies at one point or the other. Diseases
such as Small Pox, Typhoid, Yellow fever, Cholera, Avian Influenza, Ebola disease
1
and the
more recent outbreak of COVID-19 pandemic. During such outbreak of Infectious Diseases,
the concern of the government is to adopt measures that will directly limit the spread of such
Infectious Diseases among its citizens and in the event of such outbreak becoming an
International concern, the global approach is channelled towards curtailing the spread of such
diseases to other Nations.
2
The outbreak and spread of COVID-19 pandemic, led to the
imposition of lockdown in most countries of the world. In Nigeria, Government imposed
measures restricting or limiting the Right to freedom of movement and Assembly in order to
reduce all forms of Social Contacts. Measures such as closure of Learning Institutions, Private
Businesses, Entertainment Spots, Markets, imposition of travel ban, prohibition of all sorts of
Mass gathering (Social, Religious, Political and Business gatherings), imposition of curfews
and mandatory quarantines of infected persons were carried out. Most public government
centres used for business interface were shut down, placing heavy reliance on Online Platforms
for accessing services, conducting Public discussions, shopping, Information Dissemination,
*By Samson Ojodomo ONUCHE, LLB, BL, LLM (In View), PNM, Barrister and Solicitor of the Supreme
Court of Nigeria and a Partner in the Law firm of E.I.ONUCHE & CO, ABUJA, NIGERIA, EMAIL:
Onuchesamson48@gmail.com Ph: (+234) 08173928587
1
Chinelo Ekechi-Agwu, ‘Regulating Public Health Emergencies in Nigeria: Prospects and Constraints’, [2019]
(2) (4), Journal of Law and Judicial System; 9-16.
2
Mohammad Ibrahim Foundation, ‘Covid-19 in Africa: A call for Coordinated Governance, Improved Health
Structures And better Data’ [2020] P. 15 Available at: https://mo.ibrahim.foundation/sites/default/files/2020-
03/2020%20COVID-19%20in%20Africa_1.pdf [Accessed 17 June 2020]
ONUCHE: Covid-19 Lockdown, Right to Personal Liberty and Health Issues in Nigeria Vis-
A-Vis the Advent of Information Communications Technology: An Appraisal
Page | 199
and accessing Public Health facilities. While these limitation and imposition of restrictions on
certain Rights during health crisis, are backed up by National and International Legal
Instruments, the restrictions to freedom of Association and Movement are major restrictions
that are capable of creating void, and disrupting governance, decision making, service
delivery, information dissemination, economic activities, and access to healthcare. Therefore,
in the light of the above, government in a bid to avoid the negative consequences these
restrictions may occasioned, heavily relied on the use of Information communications
Technology (ICT’s), to bridge the divide, increase democratic processes, stimulate the
economy and cater for health challenges. This paper attempts to examine the ways within
which ICT can be utilized by an E- government in Public Health crisis, its legal status,
challenges and possible solutions. The article is divided into six sections, comprising of the
abstract, introduction, conceptual clarification, Development of E- Governance in Nigeria, the
Legal frame work for the protection of public health law in Nigeria, ICT mechanisms for
interaction during lock down, its importance, challenges and conclusions.
2. Conceptual Clarification of Terms
E-Government
E-government refers to a government that utilizes Internet Technology, as a platform or means
for exchanging Information, providing services and transacting with citizens, businesses, and
other arms of government.
3
It has also been define to epitomise government owned operated
systems of Information and Communications Technologies, that transforms its relationship
with her citizens, the private sector and other government agencies, so as to promote citizens
empowerment, improve service delivery, strengthen accountability, increase transparency and
efficiency.
4
This form of government, necessitate the utilization of Internet and Non-Internet
applications to aid the smooth running of the government. It requires the use of electronics in
government such as Surveillance System, Telephone, Teleconferencing, Television, Radio,
Digital Online Media, Tracking Systems, etc, in other to render services to the Public. The
administration of an E-government can be applied to the various arms of the government, that
is the Executive, the legislature, and the judicial arm of Government.
5
Whereas, E-governance
is the process of utilizing ICT in governance, with the objective of improving Information and
Service Delivery, stimulating Citizens participation in decision-making process, and ensuring
government accountability, transparency and effectiveness.
6
E-governance has its scope
revolving around ‘’e-registration, e-participation, e-taxation, e-mobilization, e-education, e-
service delivery, e-feedback, e-policing, e-debate, and the analysis of public financial
statements.’’ E-governance centres on the transformation of governance, through E-
3
UN E-Government Survey, ‘E-Government to Connected Governance, United Nations Department of
Economic and Social Affairs/Division for Public Administration and Development Management, (New York:
2008) ST/ESA/PAD/SER.E/112.
4
World Bank Issue Note, ‘E-Government and the World Bank (2001). Available at:
http://documents.worldbank.org/curated/en/527061468769894044/Pdf [Accessed 17 June 2020]
5
Adeyemo, A.B. ‘e-government Implementation in Nigeria: An Assessment of Nigeria's Global e-gov Ranking’
[2011] (2) (1), Journal of Internet and Information System; 11-19.
6
Onuigbo, R.A. Eme, Okechukwu Innocent, ‘Electronic Governance & Administration in Nigeria: Prospects
&challenges’ [2015] (5) (3) Arabian Journal of Business and Management Review (OMAN Chapter); 12.
AJLHR 5(1) 2021
Page | 200
Administration, E-Services and E-Society. While E-Administration involves the use of ICT’s
in conducting the daily administration of public offices. Its adoption reduces the cost of
administration in the public sector, as well as ensuring effective administration which
emphasized on speedy implementations.
7
E-Service is the provision of services by the
government to her citizens via remote and ICT’s aided technology. E-service facilitates the
smooth dissemination of information, which in turns helps improve service delivery of the
government to her citizens,
8
whereas, E-Society, the focus of the government is directed
towards the private sector, non-profit organisations and other community-based organisations.
9
Public Health Emergency
Public Health Emergency has been given various definitions. The World Health Organisation,
defines a ‘Public Health Emergency of International Concerns’ (PHEIC) as an ‘extraordinary
event which is determined. . .(I) to constitute a Public Health risk to other states through the
international spread of disease and (ii) to potentially require a coordinated international
response.’
10
In line with the definition provided in the International Health Regulations (IHR),
the United States Model States Emergency Health Powers Act 2001 is very instructive as it
defines ‘Public Health Emergency’ as ‘an occurrence or imminent threat of an illness or Health
condition’ caused by one of several factors, including bioterrorism or a novel or previously
eradicated pathogen, that ‘poses a high probability of the following harms: (1) a large number
of deaths in the affected populations; (ii) a large number of serious or long-term disabilities in
the affected population (iii) widespread exposures to an infectious or toxic agent that poses a
significant risk of substantial future harm to a large number of people in the affected
population.’
11
The hallmark in sensing a Heath challenge to be that of Public Health
Emergency is the fact that, the situation is exigent, with a potential calamitous outcome and
the situation is not one to be avoided with ordinary established procedures.
12
COVID-19 Pandemic
COVID-19 is an acronym for Coronavirus Disease 2019. ‘CO’ stands for Corona, ‘VI’ for
Virus and ‘D’ represents Disease.
13
‘Coronaviruses are zoonotic viruses that circulate amongst
animals and spill over to humans from time to time, causing illness ranging from mild
7
Ibid, P.12
8
Ibid
9
Abah, E. O., & Nwokwu, P. M. ‘Problems and Prospects of E-Governance in an Emerging State: The Nigerian
Example’ [2019] (24), (9), Series. 9 IOSR Journal of Humanities and Social Science (IOSR-JHSS); 17 Available
at www.iosrjournals.org [Accessed 23 June 2020]
10
World Health Organization, International Health Regulations 2005 (IHR): Available at
http://www.who.int/gb/ebwha/pdf_files/WHA58/WHA58_3-en.pdf.3. [Accessed 17 June 2020]. Adopted by the
World Health Organisation in May 2005 and the regulations entered into force in June 2007. The IHR is binding
on 194 States Parties.
11
Section 104 (L) of the Model State Emergency Public Health Powers Act 2001 of the United States of America
12
Wendy Parmet, ‘Defining Health Emergencies’ [2014] Available at:
https://blog.petrieflorn.law.harvard.edu/2014/09/15/defining-public-health-emergencies/ [Accessed 17June 2020]
13
Lisa Bender, ‘Key Messages and Actions for COVID-19 Prevention and Control in Schools: Education in
Emergencies’ [2020] (NEW York: United Nations Children Emergency Fund) p. 2
ONUCHE: Covid-19 Lockdown, Right to Personal Liberty and Health Issues in Nigeria Vis-
A-Vis the Advent of Information Communications Technology: An Appraisal
Page | 201
symptoms to severe illness.’
14
The Director-General of the World Health Organisation on the
30th January 2020 declared the present strain of Corona Virus which emanated from the
Chinese city of Wuhan in 2019 as a Public Health Emergency of International concern
(PHEIC) in line with the International Health Regulations (IHR) 2005,
15
and renamed same
‘Coronavirus Disease 2019’ or ‘COVID-19’ on the 11th February 2020 in compliance with the
World Health Organisation best practices for naming new infectious and contagious disease.
16
3. Development of E-Governance in Nigeria
The use of ICT in Nigeria can be traced as far back as 1950 when print and electronic media
were adopted for the dissemination of information.
17
However, the initiative for e-governance
is embedded in the establishment of the National Broadcasting Commission (NBC) and the
Nigeria Communications Commission (NCC) in 1992, when private licensees were licenced
to own and operate Wireless Telephone Services.
18
The privatisation of the telecommunication
industry also brought about a spark in the development of ICT in Nigeria. This period also
marks the introduction of the National Policy on Information Technology in March 2001. The
Policy was aimed at developing and improving local capacity for the production of software
to aid the fusion of the Public and Private sector of the economy. In a bid to realizing the goals
set out in the Policy, the Ministry of Science and Technology set up the National Information
Technology Development Agency (NITDA) with the mandate to administer and implement
the National Policy on Information Technology. The Agency (NITDA) was further
empowered through the passage into Law of the National Information Technology
Development Act 2007 with the mandate to among other functions see to the planning,
promoting and development of the use of Information Technology in Nigeria.
19
The Agency
was to act as the Clearing House for all projects on ICT in the Public Sector, implementing e-
government, Internet governance and the development of ICT in Nigeria. To see to the
streamlining ICT development to meet government plans for e-government the Ministry of
Communication Technology was established in 2011.
In order to see to the development of ICT in the public and private sector, the Federal
Government through NITDA initiated several IT programs, initiates frameworks and also
guidelines which led to the establishment of National e-Government Strategies (NeGSt),
Galaxy Backbone Limited and Office of the Nigerian Content Development in ICT to aid the
14
Abul Kalam Azad ‘National Preparedness and Response Plan for COVID-19, Bangladesh’ version 5.
Publication by the ministry of Health and Family welfare, Government of the People’s Republic of Bangladesh,
[2020] Available at: https://reliefweb.int/report/bangladesh/national-preparedness-and-response-plan-covid-19-
bangladesh [Accessed 10 July, 2020]
15
World Health Organization, International Health Regulations 2005 (IHR) (Supra Note 10)
16
Who Coronavirus disease 2019 (COVID-19) Situation Report – 39; P 5 Available at:
https://www.who.int/emergencies/diseases/novel-coronavirus-2019/situation-reports [Accessed 30 June 2020]
17
Idowu, P., Cornford, D., & Bastin, L. ‘Health Informatics Deployment in Nigeria’ [Electronic Version] [2008].
Journal of Health Informatics in Developing Countries, 2, 15-23 Available at:
http://www.jhidc.org/index.php/jhidc/issue/view/4. [Accessed 20 June 2020]
18
Maduabum, C. The Mechanics of Public Administration in Nigeria (Lagos: Concept Publications 2008).
19
Olatokum, W. M. & B. M. ‘Adebayo. Assessing E-government Implementation in Ekiti State, Nigeria.’ [2012]
Volume (3) (4), Journal of Emerging Trends in Computing and Information Sciences, 497-505.
AJLHR 5(1) 2021
Page | 202
development Information Technology Infrastructure, and e-government in Nigeria.
20
The
NITDA Act also provides for fusion of ICT development in the Private Sector by providing
for Public-Private Partnership for the Public and Private Sector in setting up the National e-
Government strategies Limited (NeGST) in Nigeria.
21
The National e-Government strategies
was set up, to see to the development and implementation of e-Government programmes and
projects, promoting transparency, efficient services delivery and increasing the interaction of
the government with her citizens.
22
The Public-Private partnership, created a tripartite joint
venture or platform between NITDA, the Private Sectors and other technology partners.
23
The
partnership was aimed at reducing the bureaucracy in government businesses and its relation
with the citizens by introducing e-Tax, e-Learning, e-Traffic, e-Procurement, e-Pricing, e-
Agriculture, e-Service, etc.
24
The various efforts of the government in Nigeria, led to several
projects such as e-Nigeria project which was embarked upon to enable connection of
Communities, Agencies of the government and also educational institutions.
25
The e- Nigeria
project gave way for the National Rural Telephony Projects, which brought about access to
telecommunication service in rural Communities.
26
The Nigerian Telemedicine Initiative,
Internet Exchange Point, Public Services Network Initiative, Wire Nigeria Initiative, State and
Local Government ICT facilities Loan Scheme Initiative, represents some of the key initiative
and projects engaged by the government to facilitate E-governance in Nigeria.
27
There is no
specific regulation for e-government in Nigeria, but some certain notable legislation has set
the background for such initiative in Nigeria. One of such notable legislation, is the Freedom
of Information Act 2011,
28
which provides for public access to public records and information,
and the means of protection of such public records. In the same vein the National Information
Technology Development Agency Act 2007, is another of such legislation. The Act establishes
NITDA for the promotion of Information Technology in Nigeria. It empowers the Agency to
among other functions ‘develop guidelines for electronic governance and monitor the use of
electronic data interchange and other forms of electronic communication transactions as an
alternative to paper-based methods in government, commerce, education…’
29
The Cybercrime
(Prohibition, Prevention Etc.) Act, 2015, is another enactment which provides a
comprehensive provision to regulate conduct of persons in the cyberspace.
30
The enactment
of the Act provided a unified framework for prohibition, prevention and prosecution of
20
NITDA, ‘ e-Government Development and Regulation Department’ [2018] Available at: https://nitda.gov.ng/e-
government-development-and-regulation/ [Accessed 22 June 2020]
21
Fatile, J. O. ‘Electronic Governance: Myth or Opportunity for Nigerian Public Administration’ [2012] (2) (9)
International Journal of Academic Research in Business and Social Sciences, 122-140.
22
National e-Government strategies Available at https://negst.com.ng/ [Accessed 27 June 2020]
23
Isoun T. ‘Nigeria: Government/Private Sector partners to deliver e-government’ [2004] Available At:
http://www.e-lo-go.de/html/ [Accessed 25 June 2020]
24
Ibid
25
Abdulkareem, A. K & Ishola, A. A ‘E-Governance in Nigeria: Progress and Prospect’ [2016] (2) (1) Ilorin
Journal of Administration (IJAD) P. 63
26
Ibid, P.63
27
Ibid
28
Freedom of Information Act 2011, Laws of the Federal Republic of Nigeria, was signed into Law on the 28th
day of May 2011
29
Section 6 (b) of the National Information Technology Development Agency Act 2007
30
The Act was passed into Law by the Nigerian National Assembly on the 5th of May, 2015.
ONUCHE: Covid-19 Lockdown, Right to Personal Liberty and Health Issues in Nigeria Vis-
A-Vis the Advent of Information Communications Technology: An Appraisal
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cybercrime in Nigeria.
31
The Act provides a proper backing to the government and also citizens
as it relates to e-government platforms and other online interactions.
4. Legal Framework for the Limitation of Certain Rights during Public Health
Emergencies
The restriction and limitations imposed on the Rights of Citizens during Public Health crisis
in Nigeria are validly imposed by the following legislation:
Constitution of the Federal Republic of Nigeria 1999
The Constitution of the Federal Republic of Nigeria 1999 (CFRN)
32
provides for basic and
fundamental Rights of an individual such as Right to Personal Liberty,
33
Right to Private
Life,
34
Right to Freedom of Expression,
35
Right to Peaceful Assembly and Association,
36
and
Right to Freedom of movement.
37
However, these Rights can be restricted or limited by the
state ‘in the interest of defence, public safety, Public order, public morality or public health’.
38
However, such restriction for reasons stated in the Constitution, must be made under a valid
Law enacted in Nigeria. Where such legislation is enacted, it validly restricts and limits the
Rights of individuals under these circumstances as provided for in the Constitution, even
without the imposition of a State of Emergency.
39
Quarantine Act 1926
Quarantine Act of 1926
40
provides for the restriction and derogation from the Right to Freedom
of Movement and Peaceful Assembly in time of Public Health Emergency. The objective of
the Act is to validly make provisions for imposition of quarantine, measures to prevent the
introduction of an Infectious Disease in Nigeria, and also measures to curtail the spread of
such diseases in Nigeria, or its transmission from Nigeria.
41
Pursuant to the provisions of the
Act, the President is empowered to declare COVID-19 a ‘Dangerous Infectious Disease’
within Nigeria.
42
The Act also, empowers the President to make Regulations prescribing a
place as an Infected Local Area,
43
Regulations preventing the spread of Infectious
Disease,
44
and regulations preventing the transmission of any Dangerous Infectious Disease in
31
Section 1 Cybercrimes Act 2015
32
The 1999 Constitution Federal Republic of Nigeria (As Amended) Chapter C-23 Laws of the Federal Republic
of Nigeria 2004
33
Ibid, Section 35
34
Ibid, Section 37
35
Ibid, Section 39
36
Ibid, Section 40
37
Ibid, Section 41
38
Ibid, Section 45 (1)(a)
39
Ibid, Section 45
40
Chapter Q 2 Laws of the Federal Republic of Nigeria, 2004
41
See Preamble Quarantines Act 1926
42
Ibid, Section 2 of the Act defines a "Dangerous Infectious Disease" to mean ‘cholera, plague, yellow fever,
smallpox and typhus, and includes any disease of an infectious or contagious nature which the President may, by
notice, declare to be a dangerous infectious disease within the meaning of this Act;’
43
Ibid, Section 4(a)
44
Ibid, Section 4(c)
AJLHR 5(1) 2021
Page | 204
Nigeria.
45
The Act also gives Residual Powers to the Governor of a State to act by declaring
or making Regulations, upon failure of the President to perform any of the functions as
prescribed in the Act.
46
COVID-19 Regulations 2020
In a similar vein, the Nigeria COVID-19 Regulations 2020
47
was made pursuant to the Section
2, 3, and Section 4 of the Quarantines Act 1929. The Regulation Declares COVID-19 as a
Dangerous Infectious Disease and Section 1 of the Regulation imposes a restriction of
movement, closure of businesses and offices as measures to prevent the spread of COVID-19.
The Regulation also restricts movement by suspending passenger Aircraft, both commercial
and private within and outside Nigeria.
48
The Regulation was enacted to provide legal backing
for actions of the government in the fight against the spread of COVID-19 pandemic. The
Regulations also encourage the use of online channels in governance, and the performance of
business or financial transactions. The COVID-19 Regulations also affords the Government
an opportunity for surveillance, monitoring and provision of healthcare services through
remote technology.
National Health Act 2014
The National Health Act 2014 was passed into Law on 31st October, 2014.
49
The Act was
passed into law to regulate, develop and manage the National Health care system as well as
setting up standard for Health Services in Nigeria. The Act established the National Health
system, mandating same to provide a framework and standards for regulating Health Services
in Nigeria.
50
Such Regulations made by the National Health system pursuant to the powers
confers by the Act, shall encompass Public and Private Providers of Health Services, promote
corporation among providers of Health Services in Nigeria, provide for persons in Nigeria the
best possible Health Services, set out the Rights and obligations of Health Care Providers,
Health Workers, health establishment and its user, and also protect, promotes and fulfil the
rights of persons in Nigeria to access Health Care Services.
51
The Act provides for the National
Health system to comprise of all stakeholders of the Health delivery system in Nigeria from
the Federal, State, Local area, to the traditional and alternative Health Care Providers and also
the private sector of the Health System in Nigeria.
52
The Act vests powers in the Federal
Ministry of Health to ensure the development of the National Health Policy and to issue
45
Ibid, Section 4 (d)
46
Ibid, Section 8
47
COVID-19 Regulations 2020, was signed into Law on the 30th day of March, 2020
48
Section 3 of the COVID-19 Regulations 2020
49
National Health Act 2014, Federal Republic of Nigeria, Official Gazette No.145 Vol.101, Notice No.208,
October, 2014
50
Ibid, Section 1 of the Act. See also Ikenga K.E. Oraegbunam ‘Jurisprudence of Genetic Engineering in Nigeria:
Prospects and Challenges for Human Dignity in the Light of the National Health Act 2014’, International Journal
of Business and Law Research 3(4): 9-25, Oct.-Dec., 2015. http://seahipaj.org/journals-ci/oct-dec
2015/IJBLR/abstract/IJBLR%206.html.
51
Ibid, Section 1(1) of the Act
52
Ibid, Section 1 (2) of the Act
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guidelines for the implementation of the policy.
53
The Act mandates the Federal Ministry of
Health to ensure the promotion of the provision of Quarantine and Port Health.
54
The Act also
charges all health facilities to implement all necessary measures to prevent the transmission
of diseases.
55
The Act envisage several developments which also encompasses the use of ICT’s
in the Health Sector, when it defines Health technology to mean ‘machinery or equipment that
is used in the provision of health services’
56
and a combine reading of some specific provisions
of the Act brings the use of ICT in contemplation of the Act.
57
Therefore, the Constitutional
Right to Peaceful Assembly or Association, and Right to Freedom of movement, can be
lawfully limited or restricted for Public Health reasons, through various Legislation enacted
in Nigeria. In such period of limitation and restriction, measures such as self-isolation,
Quarantine, and social distancing procedures are put in place, necessitating the need for the
adoption of E- Governance, by various arms of Government to stimulate citizens’
participation, continuous service delivery and proper monitoring of health situations.
5. ICT Mechanisms for Interaction during Lockdown Period
ICT has played a vital role in the fight against the spread of Covid-19 Pandemic. Through the
aid of ICT’s, government has been able to perform key roles in curtailing the spread through
public orientations, awareness programs, Medical care, surveillance, as well as ensuring
citizens participation.
58
The following initiatives represent some viable ways ICT have been
employed, or can be utilized by an E-government to meet exigencies during public health
crisis.
Telemedicine and Virtual Care
Telemedicine and virtual care are methods of Healthcare Service Delivery, were Healthcare
Services and treatment of patients are delivered through digital means or at a distance, with
the aid of ICT.
59
The use of Telemedicine and Virtual Care provides healthcare professionals
the avenue to diagnose and provide effective treatment to patience in an emergency situation
through Information technology.
60
E-government in the provision of e-services on a G2C bases
in Public Health Emergencies, adopts Telemedicine and Virtual Care in guaranteeing effective
and efficient service delivery to her citizens. Telemedicine and Virtual care in Public Health
crisis, forms part of an e-government strategy at promoting social distancing, which is a key
strategy in preventive care against the spread of COVID-19 pandemic. E-government, through
the provision of e-Health services by adopting Telemedicine and Virtual care in Public and
53
Ibid, Section 2 (1)(1)(a) of the Act
54
Ibid, Section 2 (1) (J) of the Act
55
Ibid, Section 21 (2) (B) of the Act
56
Ibid, Section 64 of the Act
57
Ibid, Section 1 (1) (c), Section 5 (1) (h), Section 12 (1), Section 13, Section 19 (2), and Section 21 (2) (a) & (b)
58
Akib Zaman, Muhammad N. I, Tarannum Zaki, Mohammad S. H. ‘The Pandemic Spread of COVID-19: An
Exploratory Study’ Department of Computer Science and Engineering, Military Institute of Science and
Technology Mirpur Cantonment, Dhaka, Bangladesh:2020) P.2
59
Bokolo Anthony ‘Use of Telemedicine and Virtual Care for Remote Treatment in Response to COVID-19
Pandemic’ [2020] Journal of Medical Systems 44:132
60
‘What is Telemedicine’ Available At: www.https://chironhealth.com/telemedicine/what -is -telemedicine/
[Accessed 24 June 2020]
AJLHR 5(1) 2021
Page | 206
Private Health facilities, reduces in-persons visit to medical facilities, face to face contact of
both patient and medical personnel’s, and also prevents the over stretching of the capacity of
medical facilities. This key strategy infused by an e-government in ensuring e-Healthcare
Service goes a long way in preventing the spread of Dangerous Infectious Diseases in Public
Health crisis situation, and also lessen the burden imposed on citizens during restriction of
movement as may be imposed under such circumstances. Nigeria has evolved several
Telemedicine initiatives during and before the outbreak of COVID-19. These telemedicine
initiatives, cuts across the setting up of health-related online information sites, home
monitoring systems, online medical consultations platforms, virtual clinics and pharmacies,
even though this practice are still nascent and is in need of proper attention.
61
E-Reporting and Monitoring Channels
E-Reporting and Monitoring is the process of employing ICT in providing accurate Reports
and Monitoring of a particular situation. E-Reporting affords the opportunity of reporting
critical Information via Mobile Network, satellite transmission, or through stored data.
62
Unlike the traditional means of physical Reporting and Monitoring which entails physical
presence or paper reports. ICT tools are used in Public Health crisis for the purposes of
providing efficient e-Services to citizen through daily Reports and Monitoring of public health
crisis situations. This method was adopted by the National Centre for Disease Control
(NCDC) in Nigeria, by creating specific websites and social media handle where Dashboards
are displayed, reporting National information and updates on the preventive measures,
statistics of infected persons, awareness campaign (through short message on platforms and
digital online media), medical research on treatment, contact information for reporting,
government regulations and guidelines, and all forms of information regarding the fight
against COVID-19 pandemic. Adequate Reporting and Monitoring channels, represents the
effort of the e-government in Nigeria, at making Information available on a 24/7 bases to her
citizens during Health Emergency situation where physical contact is discouraged.
E-Conferencing
Electronic Conferencing represents an electronically aided gathering or conference where the
conferees dialog without physical contact or been present in a particular location. This form
of conferencing is either a video or web conferencing performed in a virtual world, where
conferees are able to harness the voice and video background of other conferees from different
geographical locations.
63
Video conferencing is achieved with the aid of a computer or a
61
Available at: https://www.health.gov.ng/index.php?option=com_content&view=article&id=129&itemid=495
[Accessed 20th December, 2020]
62
Steve Dunn, Ian Knuchey ‘Potential for E-Reporting and E-Monitoring in the Western and Central Pacific
Tuna Fisheries’ [2013] Conference paper Presented at the Western Central Pacific Fisheries Commission, Tenth
Regular Session 2nd -6th December 2013 P. iii Available at https://www.researchgate.net/publication/265133086
[Accessed 4 July, 2020]
63
Kunwei Lin, ‘The Impact of E-conferencing Applications on Business Travel Decision Making: A Qualitative
Enquiry’[2010] A thesis submitted to the faculty of the University of Delaware in Partial fulfilment of the
requirements for the degree of Masters of science in Hospitality Information Management. Available at
https://dspace.udel.edu/bitstream/handle/19716/9926/kunwei_lin_thesis.pdf [Accessed 4 July,2020]
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mobile digital device having a web camera, with the Internet providing the interconnectivity.
64
Social chat Platforms such as Yahoo Messenger, MSN, Skype, Myspace, Facebook, Zoom,
are common platforms use for such purposes.
65
In Public Health Emergencies, government
adopts E-conferencing in governance. The Legislative arm of government adopts e-
conferencing, as legislators in various location form an e-parliament or e-legislature to make
Laws and Regulations to meet the exigencies of enacting Regulations in time of Public Health
crisis. In Nigeria, Lagos State Government was the first to adopt a virtual meeting in
compliance with the lockdown directives restricting Movement and Assembly. The Executive
Council of Lagos State Government held her meeting via zoom platform in order to make
decisions for the regulation of the State.
66
The Nigeria Governors Forum (NGF) also in the
same vein held a virtual meeting via E-conferencing.
67
The Federal Executive Council with
the technical assistance of NITDA and NigcomSat1R held for the first time in the history of
Nigeria, a Virtual meeting on the 13th May, 2020 via E-conferencing.
68
The adoption of
Information communication Technology by the Executives in conducting meeting, to meet
the exigencies occasioned by Public Health crisis introduce an E-cabinet in Nigeria. The
Judicial arm of the government has not been left out as E-governance has aid the speedy
decongestion of Correctional Facilities through the conduct of Court Sitting through E-
conferencing between the Defendant, his Legal Representation and the Court.
6. Importance of E-Governance in Public Health Emergencies
In Public Health Emergencies, an E-government benefits the citizens by ensuring efficiency
in Public administration, and guaranteeing transparency and accountability in governance.
While restricting or Limiting the Right to Freedom of movement and Assembly, an e-
government ensure continuous governance with transparency and accountability through the
adoption of e-Executive Cabinet, e-Parliament or Legislature, and e-Judiciary. E-government
during Public Health Crisis, safeguards democratic governance, Citizens Participation,
Effective service delivery, continual economic stimulation, while limiting the spread of
Infectious Disease in Public Health Crisis. E-government benefits the society by providing
equality in accessing information without any influence that may be occasioned by physical
presence of citizens. This also reduces the level of corruption in the public services. The
adoption of e-governance through the use of ICT had a tremendous impact on Information
dissemination during the outbreak of COVID-19 pandemic. Information regarding the origin,
prevention, treatment of the disease is displayed on National Portals (website), Government
Social Media Platform, and Mobile Phones Applications. The sheer importance of Information
64
Ibid
65
‘Is video conferencing the future of social media? Available at:
https://www.mediaupdate.co.za/social/148414/is-video-conferencing-the-future-of-social=media [Accessed 20th
December,2020]
66
Oziegbe Okoeki ‘Lagos Holds First-Ever Virtual Exco meeting’ The Nations Newspaper, (2020) Available at:
https://thenationonlineng.net/lagos-holds-first-ever-virtual-exco-meeting [Accessed 26 June 2020]
67
Ibid
68
Treasure Nnabugwu ‘COVID-19 Buhari, Ministers to Hold First Virtual FEC Meeting’(2020) Available at:
http://venturesafrica.com/covid-19-buhari-ministers-to-hold-first-virtual-fec-meeting/ [Accessed 26 June 2020]
AJLHR 5(1) 2021
Page | 208
dissemination during Public Health crisis is represented in the United Nations Report,
69
which
accounted for about 86 % percent (167 countries) that have included Information regarding
COVID-19 through their National Portals or Social Media Platforms as at 8th April 2020,
underscoring the importance of ICT in governance during Public Health Crisis. In Nigeria, the
National Centre for Disease Control (NCDC) operates an official website, and Social Media
Pages and Handle, on Platforms such as twitter, Facebook, Instagram etc.
70
An e-government,
benefits her citizens by incorporating e-healthcare, in providing Health Care Services in Public
Health Emergencies. E-health care services manage the scarce resources of a government
through reduced running cost of hospitals, in terms of man-power.
71
Sharing of electronically
stored document is made possible, eradicating physical files carriage. E-health care also aid
the fixing of appointment by patient without physical presence and contact. In observing social
distancing and isolation measures in public health emergencies, ICT interface with patient,
reducing Physical contact between patient and health workers. Therefore, while curtailing the
spread of infectious disease, e-governance in Health Care Sector ensures 24/7 access to Health
Facilities and medical information.
7. Factors Militating against Effective Use of ICT during Lockdown Period
In the adoption of E-governance, there are certain factors that must be considered before an E-
government system can function properly, especially in Public Health situations. Where these
factors are properly considered and put in place, it guarantees a secure, smooth, effective and
efficient, service delivery in an e-governance system. These factors are:
Lack of adequate Legislative framework
The lack of specific legal framework on the adoption of ICT initiative during COVID-19 lock
down presents a peculiar challenge. This lack of legislation is cause by two peculiar challenges
which in turns result in lack of basic legal framework. Firstly, as a result of the measures to
contain the spread of the disease, legislative gatherings were discourage, and the legislature
by its very nature have a lot in common with physical gatherings as failure, presents issues
relating to quorum
72
and votes,
73
therefore, the adoption of digital and e- legislature is often
avoided.
74
Secondly, in most jurisdictions, public health emergency such as the outbreak of
COVID-19, prompts government action to treat such health crisis as an emergency situation,
and in such periods, governmental powers very often are centralize for purposes of meeting
69
United Nations ‘COVID-19: Embracing Digital Government during the pandemic and beyond’ (UN:
Department of Economic and Social Affairs: 2020) Available at:
www.un.orgdevelopment/desa/dpad/publication/un-desa-policy-brief-61-covid-19-embracing-digital-
government-during-the-pandemic-and-beyond [Accessed 28 June 2020]
70
National Centre for Disease Control’s Official website for information relating to Covid-19 updates in Nigeria
(https://covid19.ncdc.gov.ng/) social media Facebook (@NCDCGov) Twitter (@NCDCGov) Instagram
(NCDCgov)
71
Remlex D. Information and Communication Technology in Chronic Disease care. [2007] Volume 64(2).
Medical Care Research and Review. P.123-147
72
Section 54 of the 1999 Constitution of the Federal Republic of Nigeria
73
Section 56
74
Ittai Bar-Siman-Tov ‘Parliamentary Activity and Legislative Oversight during the Coronavirus Pandemic- A
Comparative Overview’ [2020] P 2 Available at: https://www.researchgate.net/publications/340091555
[Accessed 24th December, 2020]
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the exigencies.
75
In such periods the Executive tend to maintain legislative oversight.
However, the legislature and also the judiciary has a key role by providing adequate check on
the powers of the Executive to prevent of the democratic or constitutional processes within a
state.
76
Internet facilities and Infrastructure
An e-government system thrives on the strength of ICT data Exchange infrastructural tools
and internet connectivity. Data Exchange Infrastructure entails having the necessary ICT
facilities to exchange, acquire or store data between different users or sectors. The Exchange
of data must be adequate for any service to be offered successfully. Therefore, there must be
sufficient data existing in the Public and Private sector where the necessary Infrastructures are
available, there will be ease in the exchange of data between the private and the public sector.
Adequate Data Exchange infrastructure ensures the maintenance of link between the
Government departments, Agencies, parastatals, corporation, businesses (Public and Private
Sector), individuals etc. Data Exchange Infrastructure ensures 24/7 services availability in an
e-Governance milieu.
77
Lack of these basic ICT facilities is one major setback to the adoption
of ICT in Nigeria in time of public health crisis.
Electronic Identity
An Electronic Identification (‘eID’) is a proof of identity in a digital platform by a citizen,
business, Government Agencies and departments, etc, before a particular service, benefit, or
information is access by an individual or an organisation. eID entails a means of identification
in an Online environment. Identity management for an e-government is very important to
prevent fraud, forgery, corruption and other challenges that could emanate as a result of
identity fraud or impersonation of an individual, businesses or a public authorised agent. For
an E-government to function effectively, in governance and transacting with her citizens, both
parties transacting must have a unique established identity to secure a proper digital access.
Electronic Identity documents such as e-Passport, Electronic Resident Permit, Electronic
National Identity cards, Etc, containing personal data of holders and their biometrics are of
utmost importance.
78
The identity in this instance, exists independent of a log-in password. It
entails identities like Digital Signature, thumbprint mark, facial recognition etc. Some
countries, utilizes Smart Cards with Radio Frequency Identification (RFID) Microchips,
which stores Personal information electronically, as contained on the physical card. These
smart cards, provides facial recognition tools, electronic signatures and other details to aid an
e-government solve identity issues. For example, the government of Kazakhstan in order
improve e-government portal and service delivery during the COVID-19 pandemic, provided
Electronic identification for her citizens by creating about 85,000 Electronic Signature for her
citizens and remotely distributed same, to aid and facilitate access to e-government
75
Ibid
76
Ibid
78
Infotech ‘Electronic Identity, Turnkey software solutions for e-Passports, National e-ID Cards and other e-ID
Documents’ [2017] Available at: https://www.x-infotech.com/markets/electronic-identity/ [Accessed 25 June
2020]
AJLHR 5(1) 2021
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administration, E-services and to facilitate citizens commercial transaction during the COVID-
19 pandemic.
79
The inadequacy of electronic identity in Nigeria is a challenge to governance
and health care service delivery in public health situations.
Data Integrity
Data Integrity has been defined to mean ‘the accuracy and consistency of stored data, indicated
by an absence of any alteration in data between two updates of a data record.’
80
It has also
been defined as ‘the maintenance of, and the assurance of the accuracy and consistency of data
over its entire life-cycle.’
81
The purport of data integrity is to ensure that stored data are
recovered exactly the way in which it was initially stored. The concept of data integrity is not
same with data security. The former deals with prevention of unintentional change in stored
data while the later ensures the protection of data from unauthorized access and use. In the
process of processing, storage or retrieval of data, where any unintentional changes occur as a
result of hardware failure, malicious intent, or an inadvertent human error such is seen as a
failure of data integrity.
82
In ensuring the integrity of data, most government data base uses
the block chain technology to ensure that stored data are not been compromised.
83
E-
government data infrastructure must be able to maintain the integrity of data of citizens, either
personal data of citizens, its unique identification, or medical information stored online by
Public health facilities.
Data Privacy
Data Privacy entails the proper handling of Data and issues that may arise therefrom such as
consent, issues of notice and also regulatory obligations in the dealing with Data.
84
In ensuring
the delivery of services to all sectors, an e-government is faced with the challenge of protecting
the privacy of data of her citizens, more especially in the Health sector, which presents an
issues. Government attempt to use available Health Data or Personal Identifiable information
is placed side by side with the Privacy of data of an individual. While Healthcare facilities
stores and maintain data of citizens, the transmission of such data for the use of an e-
government in such period remains a concern, therefore, calling for the enhancement of
privacy protection through the use of support devices and other technologies to ensure
protection of citizens’ private medical records and other Data in the course of transmission.
79
E-government in Kazakhstan during the COVID-19 pandemic. Available at https://ega.ee/tag/kazakhstan
[Accessed 14 June 2020]
80
Online Business Dictionary, ‘Data Integrity’ [2020] Available at:
http://www.businessdictionary.com/definition/data-integrity.html [Accessed 26 June 2020]
81
Boritz, J. ‘IS Practitioners’ Views on core concepts of information integrity’ [2004] International Journal of
Accounting Information systems. Elsevier
https://web.archieve.org/web/20111005085820/http://www.fdewb.unimass.nl/marc/ecais_newa/files/boritz.doc
[Accessed 27 June 2020]
82
Ibid
83
Ibid
84
Jeff Peters ‘Data Privacy Guide: Definitions, Explanations and Legislations’[2020] Available at:
https://www.varonis.com/blog/data-privacy/ [Accessed 23 June 2020]
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Poor Digital Literacy
Digital Literacy Awareness is still very low in Nigeria, more especially for persons resident in
Rural Communities. Digital Literacy refers to ‘the ability to define, access, manage, integrate,
communicate, evaluate, and create information safely and appropriately through digital
technologies and networked devices for participation in economic and social life. It includes
competencies that are variously referred to as Computer Literacy, ICT Literacy, Information
Literacy, Data Literacy and Media Literacy.’
85
E-government in Nigeria, is confronted with
the challenge of poor digital literacy. In Public Health crisis, the challenge of Poor digital
literacy breaks the links in communication, service delivery and also accessing e-health
facilities in period of restriction of Movement. A chunk of the Rural Population is cut off from
access to democratic governance, as a result of adoption of e-governance and e-Healthcare
service delivery as a result of Poor digital literacy in Nigeria.
High Cost of Acquisition and Maintenance of ICT facilities
The cost of acquisition, maintenance and upgrade of ICT facilities are quite high, and Nigeria
as a nation suffers from low budgetary allocation to ICT, making the acquisition and
maintenance of these facilities very challenging. This is attributed to the difficulty in striking
a balance between competing demand of various Sectors for the scares or little Resources of
the government. The lack of maintenance culture has also led to the decay and damage of ICT
infrastructures in Nigeria’s Public sector. The maintenance required to keep ICT facilities,
entails Preventive maintenance and Corrective maintenance. While the former is for the
prevention or protection from any damage, the latter entails maintenance to correct or repair
damaged ICT facilities.
86
Therefore, the shortage of ICT infrastructure resulting from high
cost of acquisition and maintenance is one factor militating against e-governance in public
health crisis situation.
Disinformation
E-government is confronted with the challenges of Disinformation and Misinformation during
public health crisis. According to the World Health Organisation, false and misleading
information has constituted a secondary challenge referred to as ‘Infodemic’
87
in the wake of
the outbreak of COVID-19 pandemic. Disinformation is the dissemination of information that
is false, misleading or inaccurate, with the intention to promote or intentionally cause public
85
UNESCO ‘A Global Framework of Reference on Digital Literacy Skills for Indicator 4.4.2. A Draft Report on
the percentage of youth/adults who have achieved at least a minimum level of proficiency in digital literacy
skills. [2018] Available at: http://uis.unesco.org/sites/default/files/documents/draft-report-global-framework-
reference-digital-literacy-skills-indicator-4.4.2.pdf [Accessed 30th June 2020]
86
Idowu, P., Cornford, D., & Bastin, L. ‘Health informatics deployment in Nigeria’ [2008] [Electronic Version].
Journal of Health Informatics in Developing Countries, 2, 15-23 from
http://www.jhidc.org/index.php/jhidc/issue/view/4. P.21
87
World Health Organization. ‘Novel Coronavirus (2019-nCoV) Situation Report-13’ [2020] Available at:
https://www.who.int/emergencies/diseases/novel-coronavirus-2019/situation-reports [Accessed 5 July 2020] The
World Health Organization describes a “Second disease” accompanying the COVID-19 Pandemic - as
“infodemic”, which is “an overabundance of information some accurate and some not, that makes it hard for
people to find trustworthy sources and reliable guidance when they need it”.
AJLHR 5(1) 2021
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panic or harm for profit or other form of benefits. This form of information differs from fake
news because of the motives behind disinformation. National government, International
Organisation, government department, corporations, and citizens have been targeted and
subjected to various misinformation for various reasons ranging from economic, social,
political or religious reasons, breeding mistrust in E-governance. Disinformation is one factor
militating against the use of ICT in public health crisis as such disinformative content relating
to healthcare, governance and citizens participations spreads rapidly with the use and adoption
of ICT in public health crisis.
8. Conclusion
E-government is a viable solution in meeting the challenges of governance in Public Health
Emergencies. The Exchange of Information among government departments and action of the
government are coordinated through the use of ICT. During restriction of Movement and the
limitation to the Right of Peaceful Assembly, Services of government are easily accessible to
citizens, through e-participation, e-healthcare, e-services, e-cabinet, e-legislature, etc. The
adoption of ICT by an E-government operates as a one-stop shop merging all services of the
government and linking all functions of the government, at relative ease. E-government in
Public Health Emergencies employs ICT to carry out adequate surveillance and monitoring,
Reporting and Information, providing treatment to her Citizens during outbreak of Infectious
Disease. However, for a democratic government to be achieved through e-governance,
government in Nigeria must engage Nigerian citizens, through awareness campaign, initiative
and projects aimed at Internet penetration to rural communities and educating citizens on e-
government processes or services. Government should also ensure adequate provision of ICT
infrastructure, and when acquired, the cost for acquisition should also cover the cost of
subsequent maintenance of such ICT device. Such agreement for maintenance should be
undertaken by the manufacturer and or supplier of the ICT equipment. While there are no
specific legislation providing for telemedicine and virtue care in Nigeria, some legislative
provision have encouraged its practices.
88
However, to ensure efficiency in the Health sector
and to avoid consequences relating to Privacy of patient and Information distributed via
information Technological aid, the government must amend or enact Health specific
legislation which incorporate technological Practices of medicines, response to health
emergencies through ICT surveillance and harmonising patient records privacy, or data
breaches of patients through the use of ICT in providing Healthcare services.
88
Section 17 and 37 of the Constitution of the Federal Republic of Nigeria 1999, Section 6 (c) of the National
Information Technology Development Agency (NITDA) 2007, Paragraph 11 and 12 of the Nigerian
Communications Commission Guidelines for the provision of Internet Service 2007, Section 19 (1) (a) & (b) of
the Medical and Dental Practitioners Act, Cap M8, Laws of Federal Republic of Nigeria 2004, Section 84 (1) of
the Evidence Act 2011, Section 5 of the National Agency for food and Drugs Administration and Control Act,
and the Standards Organization of Nigeria Act 2015 laid down standards for the importation and production of
medical devices and technologies in Nigeria.
