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COVID-19 Exemption for Religious Gatherings.

Law & Society Magazine
By Law & Society Magazine

COVID-19 Exemption for Religious Gatherings. Daily Law Tips (Tip 728) by Onyekachi Umah, Esq., LL.M, ACIArb(UK)

Introduction: 

On the 26 January 2021, the President of Nigeria signed a new federal regulation on COVID-19. Among other things, the new regulation signed by President Buhari criminalizes the non-use of face mask in public places. It also limited the maximum number of persons that can gather in a place to fifty (50) persons. However, the regulation made an exemption for religious gatherings in any part of Nigeria. 

The COVID-19 and Religious Gatherings:

The new federal regulations on COVID-19 (the Coronavirus Disease [Covid-19] Health Protection Regulations 2021) limits the number of persons that can gather in an enclosed space to a maximum of fifty (50) persons. Hence, any gathering in an enclosed space in any part of Nigeria with more than 50 persons is unlawful and illegal. Consequently, persons organizing such gathering and persons in attendance are in violation of the federal law. 

However, there is an exemption for religious gathering in any place in Nigeria. Any religious gathering in any part of Nigeria can have any number of persons in any enclosed space, so far as the gathering is not more than the fifty percent (50%) capacity of the space. So, there is no limitation of maximum of 50 persons on religious gatherings, rather any number of persons can gather in any space for a religious purpose, in as much as the gathering is not more than half of the capacity of the venue. This means that a building with fifty thousand (50,000) seating capacity can lawfully accommodate any gathering of religious persons, up to 25,000 persons at a time.   

Conclusion: 

To win the fight against COVID-19, the federal government of Nigeria made a new regulation in January 2021, relying on the Quarantine Act of 1926. The federal regulation limits the number of persons that can gather in an enclosed space to a maximum 50 persons. However, the same regulation gives an exemption for religious gathering, by allowing religious gatherings of any number of persons, so far as half of the capacity of the venue of the gathering is not exceeded. 

My authorities, are:

  1. Sections 1, 2, 3, 4, 5, 6, 318 and 319 of the Constitution of the Federal Republic of Nigeria, 1999.
  2. Sections 1, 2, 3, 4, 5, 7 and 8 of the Quarantine Act of 1926.
  3. Regulations 5, 6, 7, 8, 10, 15, 18, 24, 31, 32, 33, 34, 39, 40, 42 of the Coronavirus Disease [COVID-19] Health Protection Regulations 2021
  4. Onyekachi Umah, “Not Wearing a Face Mask Is Now A Crime” (LearnNigerianLaws.com, 29 January 2021) <https://learnnigerianlaws.com/not-wearing-a-face-mask-is-now-a-crime/> accessed 2 February 2021. 
  5. Onyekachi Umah, “Failure To Wear Nose Mask Is Not An Offence In Nigeria.” (LearnNigerianLaws.com, 28 April 2020) <https://learnnigerianlaws.com/failure-to-wear-nose-mask-is-not-an-offence-in-nigeria-daily-law-tips-tip-557-by-onyekachi-umah-esq-llm-aciarbuk/> accessed 28 January 2021.
  6. Onyekachi Umah, “Nigeria Has No Law Against Public Gathering During COVID-19 Era.” (LearnNigerianLaws.com, 14 April 2020) <https://learnnigerianlaws.com/nigeria-has-no-law-against-public-gathering-during-covid-19-era-daily-law-tips-tip-547-by-onyekachi-umah-esq-llm-aciarbuk/> accessed 28 January 2021. 
  7. Onyekachi Umah, “Is There a Quarantine Act Made in 2004, After That of 1926 in Nigeria?” (LearnNigerianLaws.com, 5 May 2020) <https://learnnigerianlaws.com/is-there-a-quarantine-act-made-in-2004-after-that-of-1926-in-nigeria-daily-law-tips-tip-562-by-onyekachi-umah-esq-llm-aciarbuk/> accessed 28 January 2021. 
  8. Onyekachi Umah, “Court That Can Try Cases On Quarantine And Lockdown In Nigeria.” (LearnNigerianLaws.com, 23 April 2020) <https://learnnigerianlaws.com/court-that-can-try-cases-on-quarantine-and-lockdown-in-nigeria-daily-law-tips-tip-554-by-onyekachi-umah-esq-llm-aciarbuk-2/> accessed 28 January 2021.
  9. Onyekachi Umah, “Punishment For Violation Of The COVID-19 Regulations Or The Quarantine Act.” (LearnNigerianLaws.com, 6 April 2020) <https://learnnigerianlaws.com/punishment-for-violation-of-the-covid-19-regulations-or-the-quarantine-act-daily-law-tips-tip-541-by-onyekachi-umah-esq-llm-aciarbuk/> accessed 28 January 2021
  10. Onyekachi Umah, “Illegality Of Covid-19 Regulations Of 2020 And The Toothless Quarantine Act Of 1926” (LearnNigerianLaws.com, 1 April 2020) <https://learnnigerianlaws.com/illegality-of-covid-19-regulations-of-2020-and-the-toothless-quarantine-act-of-1926-daily-law-tips-tip-538-by-onyekachi-umah-esq-llm-aciarbuk/> accessed 28 January 2021. 
  11. Onyekachi Umah, “How To Legally Declare State Of Emergency Over Covid-19 In Nigeria Or Any State.” (LearnNigerianLaws.com, 15 May 2020) <https://learnnigerianlaws.com/how-to-legally-declare-state-of-emergency-over-covid-19-in-nigeria-or-any-state-daily-law-tips-tip-570-by-onyekachi-umah-esq-llm-aciarbuk/> accessed 28 January 2021
  12. Onyekachi Umah, “Can “NCDC” Make Regulations For Nigeria?” (LearnNigerianLaws.com, 29 April 2020) <https://learnnigerianlaws.com/can-ncdc-make-regulations-for-nigeria-daily-law-tips-tip-558-by-onyekachi-umah-esq-llm-aciarbuk/> accessed 28 January 2021. 
  13. Onyekachi Umah, “Management and Disposal of COVID-19 Corpses in Nigeria.” (LearnNigerianLaws.com, 27 April 2020) <https://learnnigerianlaws.com/management-and-disposal-of-covid-19-corpses-in-nigeria-daily-law-tips-tip-556-by-onyekachi-umah-esq-llm-aciarbuk/> access 28 January 2021. 
  14. Onyekachi Umah, “COVID-19 and Landlords: Can Government Force Landlords Not To Eject Tenants?” (LearnNigerianLaws.com, 15 April 2020) <https://learnnigerianlaws.com/covid-19-and-landlords-can-government-force-landlords-not-to-eject-tenants-daily-law-tips-tip-548-by-onyekachi-umah-esq-llm-aciarbuk/> accessed 28 January 2021. 
  15. Onyekachi Umah, “Punishment For Price Increment During COVID-19 Lockdown In Lagos State.” (LearnNigerianLaws.com, 13 April 2020) <https://learnnigerianlaws.com/punishment-for-price-increment-during-covid-19-lockdown-in-lagos-state-daily-law-tips-tip-546-by-onyekachi-umah-esq-llm-aciarbuk/> accessed 28 January 2021.
  16. Onyekachi Umah, “Persons That Must Provide Medical Equipment For COVID-19.” (LarnNigerianLaws.com, 10 April 2020) <https://learnnigerianlaws.com/persons-that-must-provide-medical-equipment-for-covid-19-daily-law-tips-tip-545-by-onyekachi-umah-esq-llm-aciarbuk/> accessed 28 January 2021.
  17. Onyekachi Umah, “Can An Offender Be Convicted Under The Lagos State Infectious Diseases Regulations Or Other States’ Regulations?” (LearnNigerianLaws.com, 9 April 2020) <https://learnnigerianlaws.com/can-an-offender-be-convicted-under-the-lagos-state-infectious-diseases-regulations-or-other-states-regulations-daily-law-tips-tip-544-by-onyekachi-umah-esq-llm-aciarbuk/> accessed 28 January 2021.
  18. Onyekachi Umah, “The COVID-19 Laws In States Or State Of Emergency: Best Tool In Fighting Coronavirus?” (LearnNigerianLaws.com, 8 April 2020) <https://learnnigerianlaws.com/the-covid-19-laws-in-states-or-state-of-emergency-best-tool-in-fighting-coronavirus-daily-law-tips-tip-543-by-onyekachi-umah-esq-llm-aciarbuk/> accessed 28 January 2021.
  19. Onyekachi Umah, “House Rent And COVID-19: Can Landlords Evict Tenants?” (LearnNigerianLaws.com, 7 April 2020) <https://learnnigerianlaws.com/house-rent-and-covid-19-can-landlords-evict-tenants-daily-law-tips-tip-542-by-onyekachi-umah-esq-llm-aciarbuk/> accessed 28 January 2021.
  20. Onyekachi Umah, “Shooting Of Isolation Centers’ Escapees Is Unlawful And Punishable.” (LearnNigerianLaws.com, 3 April 2020) <https://learnnigerianlaws.com/shooting-of-isolation-centers-escapees-is-unlawful-and-punishable-daily-law-tips-tip-540-by-onyekachi-umah-esq-llm-aciarbuk/> accessed 28 January 2021. 

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