SANUSI LAMIDO;DOES SILENCE CONSTITUTE ACCEPTANCE

The recently suspended Central Bank Governor Mallam Sanusi Lamide and three of his deputies Mr.Tunde Lemo,Mr Sulaiman Barau and Kingsley Moghalu were to appear before the Financial Reporting Council of Nigeria on Thursday alleged that the Central Bank of Nigeria under the leadership of the suspended governor, Mr. Lamido Sanusi, spent N500bn as intervention fund in various sectors without obtaining the approval of its Board or the Federal Executive Council, also to explain the powers/rights he has to spend N10bn out of the education intervention project to renovate five palaces in the country.

The deputy governors are Mr. Kingsley Moghalu, Alhaji Suleiman Barau, Mr. Babatunde Lemo (who recently retired from the bank) and the acting governor of the central bank,were all present except the suspended governor Sanusi and Alade.

The council also alleged that CBN failed to prepare its financial statements in accordance with the acceptable financial standards and it was wrong for the CBN to have disbursed the N500bn intervention fund through the Bank of Industry and Deposit Money Banks without obtaining necessary approvals.

The deputy governors in attendance could not proof that the CBN obtained the approval of the board for the money to be disbursed.

The absence of the suspended governor at the panel has left several questions unanswered, does silence constitute acceptance in law?

There is a tenet in criminal law known as ‘Tacit Admission’ one stands mute without defending himself in the face of an accusation can be said to be ‘tacitly’ accepting the accusation being made against him as against him as a true statement.

we Nigerians deserve to know the true position of things as this is a criminal allegation,we don't just want to rely on the tenet of law.Kindly appear before the panel and clear your name sir,we know you have zero tolerance for corruption.

Thank you

Oyenike Alliyu-Adebiyi LLB(hons)BL

DEATH; NO RESPECTER OF ANYONE

May your soul continue to rest in peace, Retired police AIG Hamma Misau who died at the age of 67 years, death is no respecter of anyone as it can come at anytime irrespective of ones age,sex,religion etc, yours came in your continuous effort to move our dear country forward.

May God have mercy upon your soul Rest on.

Thank you

Oyenike Alliyu-Adebiyi LLB(hons)BL

WHAT IS IN ANOTHER WOMAN'S HUSBAND; NUELLA NJUBIGBO

The trending gist on social media has been the story of a movie producer Tchidi Chikere ,his legal wife Sophia  Chikere and his wife to be Nuella  Njubigbo who Tchidi

APPOINTMENT OF NEW CBN GOVERNOR

Congrats Mr Godwin Emefiele on your confirmation by the upper chamber of the National Assembly as the Governor of Nigeria's Apex Bank

Until his confirmation he was the Managing Director of one of Nigeria's foremost banks Zenith Bank,he has served in several capacities before this appointment by the Federal Government under the leadership of Dr.Ebele Jonathan.

Congrats. 

Oyenike Alliyu-Adebiyi LLB(hons)BL

SELF DEFENCE

Self defence as a form of defence in criminal prosecution has always been considered in terms proportionality to the attack,it is a defence of one’s self or

ESTATE OF DECEASED PERSON UNDER NATIVE LAW AND CUSTOM

The way and manner at which estate of a deceased is to be share is laid down under the Act, the customary law also takes care of those who subjects themselves to it. Customary courts have jurisdiction to hear petition for the administration

DEFENCE OF INSANITY

In law a man is punished for what he attempts to do even if he fails to do it, any attempt to commit an offence is manifested by process of putting intention to execution by overt acts falling short of commission by intervening act or involuntary obstruction SUNDAY JEGEDE V. THE STATE(2001)FWLR PT66. Offender must have crossed rubicon and burnt his boat.

Irrespective of this provision the law has given defences available to an accused under the law.The character of defence is both in law and on the facts,it is radical in that it seek to invoke protection ,resistance ,justification,or excuse to the accusation.

The accused then seek the protection of the law requiring that he should not be punished for an offence he never committed or for an offence of false allegation,for these reason all defences specifically or otherwise should be considered and it is the duty of the prosecuting counsel not to look at himself as an advocate but as a minister of justice and his task is not to secure conviction but to help the administration of justice.........this was the decision in STATE V. DUKE & ANOR 2003 FWLR PT 171

DEFENCE OF INSANITY: A viable plea of the defence of insanity is a viable plea of the defence of insanity which presupposes that the accused did not know the difference between the legal right and wrong at the time he did an act or made an ommission,insanity in law does not only mean a mad man/woman on the street but commonly denotes as the ‘state of mind’ which knows right from wrong. In discerning mental illness that would disconnect and render a person incapable of capacity of liability for an action,requisite evidence should be that of a pscychological expert after the necessary accessment.

In AIGUPKPIAN V. STATE 2003 FWLR there is presumption of sanity to every person, there is no need for the prosecution to call evidence to prove sanity of an accused person............so every person is presumed sane until contrary is proved by virtue of the provision of Section 27 of the criminal code.

To succeed in a defence of insanity the accused must establish that at the relevant time of committing an offence he was suffering from either mental disease or from natural affirmity. MADJEMU V. STATE 2001 9NWLR it is a requirement that the accused must prove beyond reasonable doubt that at the time of committing the offence he was sufferring from mental infirmity,the accused must lack capacity to understand what he is doing.This was the position where an accused ran off with the head of his victim and stated that someone before he was born asked him to kill the unknown assailant.

In LOKE V. STATE 1985 ALL NLR1 an accussed discharged from a mental hospital a day before killing his victim,was found licking the blade of the cutlass he used was by conduct to be insane.

Please not that self induced insanity that does not afford a defence i.e. voluntarily taking alcohol/intoxicant shall not be a defence of insanity or stupefying substances without medical prescription.

It is important to avoid anyone we suspect to be suffering from mental infirmity because where the defence of insanity succeeds ,the appellant will be ordered to be confined in a prescribed place to await other of the appropraite authority ,and the prosecution will be left with no other option but to accept it as a will of God. Avoid anyone suffering from the visitation of the gods as we live with,see some of them but we never know.

 

Thank you

 

Oyenike Alliyu-Adebiyi LLB(hons)BL

MONEY LAUNDERING ;MR KUFORIJI

The speaker of the Lagos State House of Assembly Honourable Olubi Kuforiji and his Aide Oyebode Atoyebi  are facing charges of money laundering at the Federal High court,

NATIONAL CONFERENCE DAY 1

The President of the Federal Republic of Nigeria ,President Goodluck Ebele Jonathan declare open the National Confab on the 17th day of March,2014 at the National Judicial Institute ,Abuja  in the presence of his the Vice President,Speaker of the House of Assembly, chairman of the National Confab,Justice Idris Kutigi amongst others.

It is important we commend the effort of Mr. President by bringing this into reality,this has been our agenda from generations to generation without achieveing it,i remember in my 100 level in the university as an under graduate we were asked to write the importance of the Soverign Nation confrence on Nigeria ,if ever achieved. Obviously the confrence is a welcomed development which will move our dear country forward,as said by Mr president it is the begining of of a NEW ERA

The president while declaring the conference open he emphasied the fact that he has no hidden nor personal agenda by setting this confrence up but in good faith and in the interest of our dear nation,Nigeria.

The confab is an avenue to know ways and how to move our country forward which is what we all have been clamouring for but it is not without a disadvantage as opposition has been criticising the proposed fee to be paid to each delegate at the confab but we truly need to look beyond that ,what i think is more important is to ensure the positive outcome of the confrence are inplemented to have a better country.The confab will last for one hundred days from today................

Here are some salient points made by the president while declaring it open.

Sovereignity belong to the people of Nigeria

We cannot profer yesterday problem for today’s solution

The confrenece is to delegate on revenue sharing,boundary adjustment,rights of citizens and children among other things.

Achieving its success is the utmost concern of the country and the interest of Nigeria should be paramount.

The tax is enormous but let us focus on the Nigeria agenda.

There should be no room for selfish consideration

Yesterday prejudice should die with yesterday

We need one another to build the nation

There is need to relaunch our country.

We shall be updating you on matters discussed and most importantly the legal aspect of the outcome. The chairman of the conference adjourn the next sitting till Monday 24th day of March to enable delegate study the form at which the conference will take.

Stay tune as we declare the Nation confrence open on this information portal YOUR RIGHT UNDER LAW

 

Thank you.

 

OYENIKE ALLIYU-ADEBIYI LLB(hons) BL

 

Oyenike Alliyu-Adebiyi LLB(hons)BL

BAR TO DIVORCE

Lord Denning said………..God forbid there should be a law without an exception, the same law that provides for divorce for marriages contracted under the Act also provide certain cases where there will be a bar to a petition to divorce That is when will a petition for divorce fails, there are two major instances which are Condonation and Connivance.  

Condonation in law was defined in the case of SWAN V. SWAN (1953) PT 258 @ 271 AER 854 as the reinstatement in his or her former marital position of the spouse who has committed a matrimonial wrong (offence) with the intention of forgiving and remitting on condition that the spouse whose wrong is so condoned does not henceforward commit any further matrimonial offence.

To prove condonation certain element must   be present knowledge, forgiveness and reinstatement, the party who suffered from the wrong must have forgiven and accepted the other party back. In the absence of this defense condonation will fail.

In HENDERSON V. HENDERSON AND CRELIN (1944) AC 49 ER  a husband who knew of his wife’s matrimonial wrong and then had sexual intercourse with her ,in the absence of fraud conclusively presumed to have condoned the wrong.

Also where parties who agreed not to take proceedings  against the other in respect of any offence already committed effectively preclude either spouse from obtaining relief on the ground of such offence and any further matrimonial wrong committed after the date.

KNOWLEDGE; as one of the major features of condonation, knowledge that a matrimonial wrong has been committed in a prerequisite to it being condoned but to this general rule there is an exception, first propounded in KEATS V.KEATS AND MONTEZUNA  that a spouse who suspects the other is guilty of misconduct but does not possess the requisite knowledge may nevertheless condone the misconduct if he agrees to reinstate the other whether or not misconduct has taken place. Therefore to constitute knowledge the innocent spouse must have in his possession evidence of all material facts which would  lead a reasonable man to believe that the wrong has been committed , material fact in these sense comprise not only fact  which would be so regarded by a reasonable man but also fact which the offending  party knows would be so regarded by the innocent spouse.

FORGIVENESS; in this sense is not the christain doctrine of forgiveness is different from the forgiveness spoken by an ordinary man in DENT V. DENT(1865)ER 1455  condonation is strictly a technical word, it had its origin, and so far as I know its entire use, it means ‘forgiveness with a condition’ This notion of forgiveness run through most of the decision. In PEACOCK V.PEACOCK E it was said that condonation signifies forgiveness of a conjugal offence with full knowledge of all its particulars. In the case the other spouse forgave her husband on the ground that ‘he will sin no more’ and that is the legal definition of forgiveness under condonation.

REINSTATEMENT;The guilty party must be reinstated as a wife/husband of the innocent party and the reinstatement must have produced a reconciliation on both sides, continued cohabitation does not necessarily amount to reinstatement.

Connivance is a bar to the grant of a decree of divorce or judicial separation on the ground of adultery,the doctrine of connivance as a bar to divorce was illustrated by TURKER L.J IN WOODBURY V.WOODBURY (1949) ALL ER who said that connivance is based on the principle that the complaining spouse must come to court with clean hands……….he who comes to equity must come in clean hands. And that it would be unconscionable  to give relief to one who had been willing blind to or had encouraged,the adultery of his or her matrimonial partner.

In RICHMOND V.RICHMOND (1952) ER  where two married couples took a caravan holiday together and it was agreed that they should exchange spouses, adultery took place and it was obviously connived at. The present complaint wife gave up her association with the other husband, but her own husband left her for the other wife, who had given birth to his child, and paid no maintenance for his own wife , the divisional court refused these on the ground of adultery as she has earlier connived with the other party.

Connivance implies that the husband has been accessory to the very offence on which his petition is found or at the least has corruptly acquiesced in its commission and the presumption of law has always been against connivance.

I considering the issue of connivance,the inception of the adulterous association may be of great importance……….SOMERVELL L.J

THANK YOU.

OYENIKE ALLIYU-ADEBIYI LLB(HONS)BL

PACTA SUNT SERVANDA; :PROMISE MUST BE KEPT

I will define what contract  because this discussion will not be complete without the definition, but will definitely not go into details as we have earlier discussed contract on this information portal, in fact it is among the first few topics treated.

Contract is a legally binding exchange of promise or agreement between parties that law will enforce. This is based on the Latin maxim pacta sunt servanda (literally ,promise must be kept) Please read our previous post for further explanation on what a valid contract must contain.

This topic is based on whether a third party can benefit from a contract which he was never a party to, A non- party to a contract cannot enforce contract irrespective of the fact that the contract was entered into for his/her benefit. In PLATEAU INVESTMENT & PROPRTIES LIMITED V. EBHOTA (2001)FWLR 

PT.64 @ 481 SC where a policy statement or guideline between the federal and state government in respect of basis for allocation of properties was held not to create or regulate contractual relationship between the plaintiff purchaser and the defendants state government agency

Privity of contracts  entitles only parties to a contract and not beneficiaries thereunder to enforce or sue it. Stranger to a deed who has an interest in a deed that is a nullity can challenge it where his interests are affected by it this was the decision in SAVANNAH BANK PLC V. IBRAHIM (2000) FWLR(PT 251)1626 @1645 CA.

The law will recognize any person who is privy to the contract or has acquired some legal interest, privity to a contract would perforce guarantee enforcement of a contract TWEEDLE V. ATKINSON.

In NEW NIGERIA BANK PLC V. DENCLAG LTD & ANOR (2004) ALL FWLR it was recognized that any person who is not a party to a contract cannot make a claim unless he is a privy thereto or he has acquired some legal interest. In this case the plaintiff won a government contract to supply a third party hospital equipment to the ministry of health and the  government undertook payment thereof. The defendant bank open a letter of credit for the plaintiff upon  an agreement with the government that wanted the contract financed. Upon default of the defendant bank remitting the foreign exchange, the plaintiff sued for damages arising there from . The privity of contract between the plaintiff and defendant was said to have arisen.

To enforce a contract where there is breach of contract, the contract must be shown by the plaintiff to be enforceable ALH. HAIDO& ANOR V. ALH USMAN (2004)ALL FWLR (PT 201) the statutory provisions of statutorily-governed contractual relationship must be complied with, there is duty on the party seeking to enforce a contract to have fulfilled or either performed.

It is trite law that contracts are not prejudicial to third persons and do not benefit from them.

Thank you.

Oyenike Alliyu-Adebiyi LLB(hons)BL

MEDIA LAW

There have been a lot of controversies surrounding the subject of the press in the light of the provision of the Nigerian constitution which grants freedom expression to all, the right of the media to publish without the influence of an outsider because it is the right of the people to be adequately informed.

From time immemorial there has always been a fight between the press and the government, the government trying to control what comes out on the pages of newspapers, television, radios to mention a few.

A number of legislations affect media freedom. i.e. The protection of information Acts of 1982 which protects the secret states in formations. This is equivalent to the Nigerian notion of ‘official privilege’ under section 166 OF Evidence Act, Section 3, 13, 14 and 22 Newspaper Act cap 291 which provides that the publication of the name of the publishers at the end foot of every page of the newspaper must be strictly adhered to which is in consonance with section 45 of the 1999 CFRN.

There is provision for far reaching criminal responsibility in Section 22 of the News paper Act which states that….any person who authorizes for publication ,publishes, reproduce or circulates for sale in a newspaper any statement ,rumor or circulates for sale shall be guilty of an offence and liable on conviction to a fine.

 Section 39 of the 1999 Constitution FRN provides the right to freedom of expression and the press as well as receive information, anticipates that there would be a radical appraisal of what section 45(3a)of the constitution provides, can be justifiable in a democratic society to allow.

Notably the press is a forum for expostulation and reply, thus there is some privilege afforded to reply to press attack, thus defamatory statement made in answering attack of character or conduct in press is prima facie privileged. GATELY ON LIBEL AND SLANDER 6^TH EDITON  

Article 162(2-5) constitution of the Republic of Ghana 1992,rulesout censorship, impediment to the establishment of press or media, control or interference or penalization of  editors, publishers of newspapers, journals or media or communication or information. This same constitution enjoins all agencies of the media to uphold the principles responsibility and accountability of the Government to the people of Ghana and the obligation to publish or rejoinder. 

Notably the international code of Ethics (The international principles of professional Ethics in Journalism) is based on the people’s right to true information, the journalist’s dedication to objective reality, the journalist’s social responsibility, the journalist’s professional integrity, public access and representation, respect to privacy ,human dignity, respect for public interest.

The court in several decided cases states that it is in the interest of justice and fair play that media houses should be given the freedom of expression which should entail the freedom to criticize, In CONCRD V. AG FEDERATON; PUNCH V. AG FEDERATION in both cases the court states that closure of newspapers premises in order to silence a newspaper was declared contrary to the provision of the constitution.

Please note that this right does not extend to anyone in case of sedition or treason , in ALHAJI ASARI V. FEDERAL REPUBLIC OF NIGERIA where a statement was made threatening to see to the dissolution of Nigeria, this was considered as endangering national security.

 Notably, no country permits completely free speech, freedom of expression limited by prohibition against libel, defamation, judicial or parliamentary privilege.

Thomas Jefferson 1829 said ‘The surest signs of a healthy society are open and free debates. We must be able to agree to disagree,in a democracy protecting the right of your adversaries is as important as protecting the rights of our advocates.

Thank you.

Oyenike Alliyu-Adebiyi LLB (hons)BL

MARRIAGE UNDER THE NATIVE LAW AND CUSTOM

One thing we should have in mind before we go further on this discussion of marriage under the native law and custom is that such marriage are not strictly spouses’ affair.

Under the African customary law,