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Unpopular opinion: Advocating (or celebrating) the arrest of Ms. Akindele-Bello fails to fully consider how a criminal justice system should function.
Criminal laws should be written, clearly defined, and consequences of breach fully spelt out.
Criminal laws should be written, clearly defined, and consequences of breach fully spelt out.
Ms. Bello did wrong, even violated federal directives, yes.
But she didn't commit a crime.
And the arrest wasn't done to prevent the commission of a crime or to protect public health or peace (the party was done and over when she was picked up).
But she didn't commit a crime.
And the arrest wasn't done to prevent the commission of a crime or to protect public health or peace (the party was done and over when she was picked up).
We must resist the urge to celebrate abuse of executive power because the act favors our sentiment of the moment.
Ms. Bello's arrest is kissy-cousins with the actions of police and military personnel destroying property or whipping civilians violating the lockdown directive.
Ms. Bello's arrest is kissy-cousins with the actions of police and military personnel destroying property or whipping civilians violating the lockdown directive.
A democratic society needs to figure out how to enforce policy in a way that makes room for civil freedoms, and in a manner that is commensurate to the perceived level of violation.
Not everytime arrest, whip, or destroy.
Again: Ms. BELLO DID WRONG.
Not everytime arrest, whip, or destroy.
Again: Ms. BELLO DID WRONG.
But the executive cannot be encouraged to take liberties with fundamental pillars of democracy and the criminal justice process.
The governor "may"...The governor has the power to.
This "COVID-19" law was (apparently) signed after the lockdown directive.
Has the Lagos State government issued another directive exercising its powers under the law? Has a crime been created pursuant to the COVID-19 Law?
This "COVID-19" law was (apparently) signed after the lockdown directive.
Has the Lagos State government issued another directive exercising its powers under the law? Has a crime been created pursuant to the COVID-19 Law?
Then as to the enabling legislation itself, does it define what actions would constitute a "private event", "meeting", "gathering"?
That criminal laws should be precise in their definition is Jurisprudence 101.
That criminal laws should be precise in their definition is Jurisprudence 101.
Then is it a commensurate response for a state to exercise arrests power in this situation? Like I said, kissy-cousins with the incidents of whipping and destruction of propoery.
Criminal laws and powers under criminal administration are not to be exercised to make scapegoats of people.
Not in a system working with a humane theory of criminal justice.
My take.
Not in a system working with a humane theory of criminal justice.
My take.
Plus what's with the prosecutorial discretion of arresting only Ms. Bello and her husband?
Technically everyone at the party violated the "law"
The offence as defined requires the actions of two or more people outside the houseold to establish actus reus.
Technically everyone at the party violated the "law"
The offence as defined requires the actions of two or more people outside the houseold to establish actus reus.
How do you just arrest and prosecute the two legitimate me members of the household for a crime of meeting and gathering and expect to lawfully make the case?
Where are the co-conspirators?
Where are the co-conspirators?
This is like when the parents decide to punish the first born for refusing to properly co-ordinate the younger siblings.
Except the government is not your parent and the state is not your father's living room.
Let's do better in the way we use criminal laws, abeg.
Except the government is not your parent and the state is not your father's living room.
Let's do better in the way we use criminal laws, abeg.
