By First Baba Isa
Few days ago the Governor of Rivers State was in the news for
demolishing a hotel for flouting the lockdown rules.
Yesterday, Eric Anderson, a Commissioner in Cross River State
was also in the news for flogging a young man for flouting the
no-mask-no-movement order of the government.
In both cases I read tons of argument for and against the
actions of the government. But there is something that struck me in
the argument of those who supported both Wike and Anderson’s
actions; they attempted furiously to paint those who kicked against
these actions as enablers of lawlessness.
It is funny because I don’t even believe they mean this. It is a
tactless deployment of obscurantism. How can a call for an
observance of the dictates of the rule of law be misconstrued as an
enablement of criminality? Are we animals? Is jungle justice the
order of the day?
A few days ago, veteran writer and ace journalist, Richard
Akinnola II, told us the gripping story of THANKGOD EBHOS:
“Sometime in June 2013, Governor Adams Oshiomhole of Edo state
signed the execution warrant of some convicts on death row at Oko
prison, Benin.
Five of them were to be hanged.
Four of the convicts were hanged. Then came the turn of THANKGOD
Ebhos, who had by then been on the death row for 17 years for armed
robbery.
He got to the gallows and as it was the usual procedure, the
offence was read to him before execution.
Just at that point, the Sheriff discovered that the execution
warrant indicated that the convict was to be executed by firing
squad, having been convicted by the Armed robbery and firearms
Tribunal in a military government, unlike normal courts where
execution is by hanging.
The Sheriff asked the convict to step down from the gallows. An
argument ensued among the officials. He told his colleagues that if
they went ahead to execute him by hanging, that would be illegal as
the execution warrant stated that he had to die by the firing squad
and not by hanging.
Providence intervened. The convict was asked to go back to his
cell. Execution called off.”
Did you see that?
Everybody has rights, even the condemned criminal. If the court
says “die by hanging” you can’t just kill him by firing squad or
poisoning. Killing is not killing. Death is not death. A society
that doesn’t respect the rights of accused persons and criminals
won’t also respect your rights.
This attitude of whenever someone is accused of a crime you want
him destroyed immediately is actually very primitive. “He raped me.
He defrauded me. He lied about me.” And you will start shouting
“Kill! Kill!! Kill!!!” Come on… Would you want to be treated like
that?
The system doesn’t work that way and its because those who
designed the system know that people can be wrongly accused, they
know that A is not always for Apple and B is not always for Ball.
They know that public opinion can be wrong.
What of in cases where the accused was caught in the act? The
laid down procedure must be followed, lest everything becomes
illegal.
Take the Cross River State case for example: if there is a law
or regulation that says people must wear mask outside. They must.
Citizens are not doing the Governor a favour by wearing those face
masks. The government should also enforce such a law or regulation
for the benefit of all of us.
But does the law empower a Commissioner to enforce it? Does the
law empower a Commissioner to flog citizens publicly? Even if there
is a law that empowers a Commissioner to flog people who fail to
wear masks, it will be unconstitutional, therefore null and
void.
I heard that the Commissioner, Eric Anderson, has apologized to
the young man he flogged yesterday. That’s commendable. It is only
a foolish government official that will be too proud to make amends
when he is wrong. The Commissioner has shown that he is not
foolish. He is wise. The truth is that that young man can sue him
successfully for the infringement of his right to dignity of human
person and sundry other issues.
I will also implore the young man to also forgive the
Commissioner and move on. Let’s wear our masks, please. All hands
must be on deck to defeat this deadly disease in our dear state,
country and the world at large.
ERROR QUI NON RESISTITUR APPROBATUR: An error
not resisted is approved.
First Baba Isa (FBI) is a Legal Practitioner
and Principal Partner of FBI LEGAL.
07037162029;
meandisa@gmail.com
By First Baba Isa
Few days ago the Governor of Rivers State was in the news for
demolishing a hotel for flouting the lockdown rules.
Yesterday, Eric Anderson, a Commissioner in Cross River State
was also in the news for flogging a young man for flouting the
no-mask-no-movement order of the government.
In both cases I read tons of argument for and against the
actions of the government. But there is something that struck me in
the argument of those who supported both Wike and Anderson’s
actions; they attempted furiously to paint those who kicked against
these actions as enablers of lawlessness.
It is funny because I don’t even believe they mean this. It is a
tactless deployment of obscurantism. How can a call for an
observance of the dictates of the rule of law be misconstrued as an
enablement of criminality? Are we animals? Is jungle justice the
order of the day?
A few days ago, veteran writer and ace journalist, Richard
Akinnola II, told us the gripping story of THANKGOD EBHOS:
“Sometime in June 2013, Governor Adams Oshiomhole of Edo state
signed the execution warrant of some convicts on death row at Oko
prison, Benin.
Five of them were to be hanged.
Four of the convicts were hanged. Then came the turn of THANKGOD
Ebhos, who had by then been on the death row for 17 years for armed
robbery.
He got to the gallows and as it was the usual procedure, the
offence was read to him before execution.
Just at that point, the Sheriff discovered that the execution
warrant indicated that the convict was to be executed by firing
squad, having been convicted by the Armed robbery and firearms
Tribunal in a military government, unlike normal courts where
execution is by hanging.
The Sheriff asked the convict to step down from the gallows. An
argument ensued among the officials. He told his colleagues that if
they went ahead to execute him by hanging, that would be illegal as
the execution warrant stated that he had to die by the firing squad
and not by hanging.
Providence intervened. The convict was asked to go back to his
cell. Execution called off.”
Did you see that?
Everybody has rights, even the condemned criminal. If the court
says “die by hanging” you can’t just kill him by firing squad or
poisoning. Killing is not killing. Death is not death. A society
that doesn’t respect the rights of accused persons and criminals
won’t also respect your rights.
This attitude of whenever someone is accused of a crime you want
him destroyed immediately is actually very primitive. “He raped me.
He defrauded me. He lied about me.” And you will start shouting
“Kill! Kill!! Kill!!!” Come on… Would you want to be treated like
that?
The system doesn’t work that way and its because those who
designed the system know that people can be wrongly accused, they
know that A is not always for Apple and B is not always for Ball.
They know that public opinion can be wrong.
What of in cases where the accused was caught in the act? The
laid down procedure must be followed, lest everything becomes
illegal.
Take the Cross River State case for example: if there is a law
or regulation that says people must wear mask outside. They must.
Citizens are not doing the Governor a favour by wearing those face
masks. The government should also enforce such a law or regulation
for the benefit of all of us.
But does the law empower a Commissioner to enforce it? Does the
law empower a Commissioner to flog citizens publicly? Even if there
is a law that empowers a Commissioner to flog people who fail to
wear masks, it will be unconstitutional, therefore null and
void.
I heard that the Commissioner, Eric Anderson, has apologized to
the young man he flogged yesterday. That’s commendable. It is only
a foolish government official that will be too proud to make amends
when he is wrong. The Commissioner has shown that he is not
foolish. He is wise. The truth is that that young man can sue him
successfully for the infringement of his right to dignity of human
person and sundry other issues.
I will also implore the young man to also forgive the
Commissioner and move on. Let’s wear our masks, please. All hands
must be on deck to defeat this deadly disease in our dear state,
country and the world at large.
ERROR QUI NON RESISTITUR APPROBATUR: An error
not resisted is approved.
First Baba Isa (FBI) is a Legal Practitioner
and Principal Partner of FBI LEGAL.
07037162029;
meandisa@gmail.com