Untying tradition, sentimentality from rule of law

Sir: The alleged detention of former Aviation Minister, Femi Fani-Kayode’s mistress, Precious Chikwendu with her eight-month old-baby by the Economic and Financial Crimes Commission (EFCC) has engendered uproars in the polity. A number of sympathisers opined that 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 Section 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 toimpede 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 uncivilised. 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.
• Carl Umegboro,Abuja, FCT