Untying Tradition, Sentimentality from Rule of Law

By Carl Umegboro
(Published by The GUARDIAN newspapers of 02 November, 2016)
THE alleged detention of former Aviation Minister, Femi Fani-Kayode’s mistress, Precious Chikwendu with her 8-month old-baby by the Economic and Financial Crimes Commission (EFCC) has engendered uproars in the polity. A number of sympathizers opined the anti-graft agency was mischievous but hastily failed to recall that democracy is guided by enacted laws and not traditions or sentiments. Statutes take priorities over beliefs or feelings. It’s on record that numerous women with babies are inmates of various prisons across the country, in fact, some babies that were given birth to in the custody have not embraced the outside world, not because they committed any crimes but solely on account that their mothers are inmates, sadly, some on awaiting-trials. What is more excruciating than this to the innocent kids, unfortunately, the law must take its course. Law and sentiments are always at opposite directions.

Most times, rule of law is misconstrued as traditions instead of strict adherence to laid down rules. For the fact an incident is unprecedented doesn’t determine its rightness or wrongness. If a woman is suspected to have committed crimes, by virtue of Sec 308 of the 1999 Constitution, only president, vice-president, governors and deputies are covered by immunity from prosecutions. In other words, all other persons can be arrested if culpable. Besides, the facilities are equipped to take care of all categories of persons.

The interference of Ekiti State Governor, Ayo Fayose at the scene similar to his counterpart in Rivers State during DSS raid was a mockery to our democracy. Without a doubt, it leaves much to be desired of elected leaders knowing that accused persons arrested by operatives remain innocent until allegations are proved beyond reasonable doubt in the court. Abuse of immunity clause is indeed on increase, and ought not to impede operatives from carrying out statutory duties. The courts are there, therefore, if anyone’s rights are infringed upon by the agencies of the government, redress can be sought accordingly. To use governors to thwart security operations is uncivilized. Above all, the legality of operations by statutory agencies is not determined by the governors but the courts; hence, their interference at operational scenes is flawed and connotes undue influences.

Likewise, the recent defensive allegations by Justice John Inyang Okoro to the National Judicial Council (NJC) that Transport Minister, Rotimi Amaechi alongside Mr. Umana attempted to bribe him in the past is sarcastically subjective, particularly to the nation’s judiciary. The learned jurist strangely accused the duo without evidences to substantiate the claims, hence symbolic of diversionary tactics and invoking sentiments from the uninformed public. The claims that Amaechi is corrupt are becoming clearly politicized since no case has been instituted against him except the apparent gimmicks deployed to abort his political ambition. Without proofs to nail him at the court, he remains innocent like other persons vis-à-vis our constitution. Interestingly, as a minister, Amaechi is presently not covered by immunity; hence, his accusers have no reasons to be silent distinct from their positions during campaigns and ministerial screening. People shouldn’t liberally abuse trusts only to use diversionary ploys, if not; all defenses on malfeasances may soon be piled on Amaechi. If truly the duo offered the bribe as alleged but concealed by the offeree, with due respect, it still boils down to corruption. For the accused to freely confront a justice of the apex court for the purported bribery is an indictment on the judiciary. Thus, objection overruled.

Umegboro, public affairs analyst is publisher of PIGB.

To trace in The GUARDIAN newspapers, click here>>>http://guardian.ng/opinion/untying-tradition-sentimentality-from-rule-of-law/