Ex Abundanti Cautela

Palliative Palaver

This cartoon is an apt depiction of the utterances and attitude of the so called “political class” about the citizens who availed themselves of the Covid 19 palliative and relief materials found in warehouses Nationwide. Don’t get me wrong I don’t support looting in any form or ramifications but the biblical quote about first removing the log in your eye before trying to remove the speck in your neighbor’s eye comes to mind. One of the young ladies interviewed at one of the scenes said, “…Why are they hoarding indomie, rice and other palliative? It has been 4-6 months since the lockdown and quarantine. We are here to possess our possession as patriotic citizens of Nigeria”. I may be wrong but if my knowledge of criminal law serves me right. The ingredients of the offense of stealing may be difficult to fulfill in this instance since the proposed accused persons are also owners/victims of what is allegedly stolen. The question then arises can a person be validly accused of stealing what belongs to him or her? Is such a charge sustainable under the law. I think not ? The Covid 19 palliative belong to the citizens and not the State. Furthermore they were provided by funds from CA Covid (Coalition Against Covid, a private sector initiative) and not the State. The State would do well to act ex abundanti cautela to avoid further exacerbate the situation.

Another point we all seem to be overlooking is the failure of the State(the Govt. Of the Day) to honor the social contract. Every citizen has a Constitutionally protected fundamental human right to life and property. Rights the State has a duty to protect under the social contract. Therefore, it is submitted that, the failure to provide such protection founds a legal cause of action against the State. Thus every victim of the carnage/riots, that have occurred in the wake of the Lekki Toll Gate shooting of #EndSARS protesters, is entitled to compensation by the State for loss of property, businesses and indeed loved ones (dependants or breadwinners).

Human Rights Lawyers and Civil Societies may wish to take note and ponder the above points raised.

My humble submissions. The defense rests. #EndSARS

The Elephant in the Room

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