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By Ehichioya Ezomon
Lagos, as the major melting pot of Nigeria, leads in population and businesses; in social and cultural milieus, and the first place of interest and port of call by outsiders – local and international.
No wonder in the matter of the novel coronavirus, the first index case – as it’s in 2014 during the Ebola outbreak – landed in Lagos, which becomes the first place for the virus to berth in Nigeria.
And as such, Lagos – as in many respects – is leading the way in COVID-19, in terms of the number infected and discharged, deaths recorded, cases traced, and the handling of the virus generally.
Similarly, Governor Jide Sanwo-Olu – like a predecessor Governor Babatunde Fashola shown in 2014 – has demonstrated leadership and understanding of the critical moment.
So far, Mr Sanwo-Olu is charting, properly, the compass of “The Centre Of Excellence” in the management of the coronavirus imported by an Italian into Lagos, and Nigeria.
In its determination to stem, contain and control, Lagos is also leading in deterrence to breaching of the rules against the spread of the virus. The state has rolled out the Lagos State Infectious Disease (Emergency Prevention) Regulations 2020, and people caught in the web of the law are facing recompense.
Surprisingly, among the first breachers of Regulations 2020 were celebrities – acclaimed ambassadors of reputable corporate entities – the public takes as role models in moral and social standing.
In defiance of keeping social distancing and lean crowds, as ordered by government to curb COVID-19, Nollywood actress, Funke Akindele-Bello (aka Jenifa) threw a birthday party for her husband, Abdul-Rasheed Bello (alias JJC Skillz).
Gracing the party were other celebrities and politicians, including controversial musician, Azeez Fashola, alias Naira Marley, and the candidate of the Action Democratic Party in the 2019 gubernatorial election, Babatunde Gbadamosi, and his wife, Folashade.
It’s bad to hold the party in breach of the law, and worse to show off on social media, perhaps to titillate those not at the frolicking, where partakers would have “let down their guards” with reckless abandon to Regulations 2020, and the lockdown imposed by President Muhammadu Buhari on Lagos (and Ogun and Abuja).
Having exposed their indiscretion on social media – with swift reactions from the public – the Lagos State government swung into action, arrested and arraigned Mr and Mrs Bello at a Magistrates’ Court on a one-count charge.
They contravened Regulation 8(1)(a) and (b) and 17(1)(i) of Regulations 2020 – an offence committed against Section 58 of the Public Health Law Cap P16 Vol. 9, Laws of Lagos State 2015.
And after pleading “guilty” to the charge, the court convicted and sentenced the couple to a 14-day community service, N100,000 fine each and 14-days isolation and testing for COVID-19.
To many people – even among their avid fans – the court judgement was a right “recompense for the requisite” of breaking the law on the novel pandemic. And that’s the good news!
The not-so-good-news is the noticeable lacuna in the application of the law, which appears not streamlined. Why would the trial Magistrates met out varying sentences? Some violators were sentenced to 14 or 30 days of community service. While some were asked to “self-quarantined,” others were sent to COVID-19 isolation centres, and made to undergo coronavirus testing.
The bad news is that the state prosecuted some and let others off the hook. And the Magistrates weren’t the sole determinants of non-trial of the cases, but based on a fiat by the Lagos State Director of Public Prosecutions (DPP), Mr Yhaqub Oshoala.
Fashola, Gbadamosi and Folashade, charged but took no pleas, were let go because the government was “unwilling to pursue” their cases via the state DPP.
By “stepping down” the charges on the advice of the Attorney-General, Mr Moyosore Onigbanjo (SAN), the DPP entered a “nolle prosequi” – a term used for plaintiffs’/prosecutors’ declarations that “they are voluntarily ending a civil/criminal case before trial or before a verdict is rendered.”
So, the trio got a “slap on the wrist” with a 14-day quarantine, to observe if they had contracted coronavirus. In addition, the DPP used the court to impose three conditions on the “lawbreakers.”
They should offer a personal apology to the president and governor; give an undertaking to comply with the COVID-19 regulations; and go into self-isolation for 14 days and report back to the court.”
Why would the Lagos government, that should enforce its law to the letter, intervene to save high-profile attendees at the party from the pangs of conviction and sentencing by the court?
This decision also prompted hundreds of “Malians” – as Fashola’s followers are addressed – to storm the streets, and the court premises in solidarity with their idol, thereby further compromising the stay-at-home and social distancing guidelines.
Some reports say that Fashola, Gbadamosi and Folashade were “forgiven their sins” for “showing remorse.” What differentiates remorse from “pleading guilty” to an infraction? By pleading guilty, isn’t one saying they’re sorry for their misdemeanour?
Interestingly, the DPP said the government isn’t a “persecutor but a prosecutor,” as regards the Fashola, Gbadamosi and Folashade cases. If this were so, why not extend reprieve to other Lagosians caught by the law, and ask them to “go and sin no more”?
We hope this isn’t a case of different rules for different people? Or an Orwellian scenario of “all animals are equal, but some are more equal than others”? Or that Akindele-Bello and her husband needed to be used as scapegoats for being the “main” culprits?
As “it takes two to tango,” in law, too, the giver and taker of a bribe, or the seller and buyer of a stolen good commit the same offence. Both the organisers and attendees of the party ran foul of the law, and should be sanctioned or forgiven likewise.
The attendees, including Gbadamosi, who’s chairman of Amen Estates, venue of the party, audaciously breached the “stay-at-home” order by President Buhari on Lagos. On that score, dropping their cases is like a “dirty” slap in Mr President’s face.
Rational minds would ask: If the Lagos government wasn’t inclined to prosecute the offenders, why compel their arrest, and taken to court that literally thrash the cases?
That the law is no respecter of any person is symbolised by a blind-folded maiden, who, without fear or favour, affection or ill-will, dishes out equal punishment for equal offence.
Governor Sanwo-Olu and his government are doing a good job of COVID-19, and Lagosians appreciate it. But they mustn’t allow “little favours” to non-law-abiding elements to soil their efforts.
They should be seen to administer the same law for an offence and punish accordingly. That’s the way to uphold justice, equity and fairness to all manner of persons! In that wise, won’t the governor consider “pardoning” the Bellos before their “isolation” expires?
* Mr. Ezomon, Journalist and Media Consultant, writes from Lagos, Nigeria.