STATUTE BAR: SUGABELLY V. MUSTAPHA AUDU

A lady by the name SugarBelly on her Twitter handle has alleged Mustapha Audu, son of the immediate past Governorship candidate of the All Progressive Congress Prince Abubakre Audu who died last week before the election was concluded, while the Nation and mostly APC members in Kogi State Nigeria where morning the sudden death of Prince Audu, Sugabelly took to herTwitter handle by calling him monster who deserves to die.

KOGI: DEATH OF GUBERNATORIAL CANDIDATE OF APC

Prince Abubakre Audu, the All Progressive Congress candidate in the yesterday governorship election, reportedly slumped and died this afternoon.It was gathered that he died of undisclosed medical reasons after the Independent National Electoral Commission (INEC) declared his election inconclusive. (May his soul Rest in Peace)

This left several questions unanswered among Nigerians, so i feel its time to break the long silence too.

The Constitution of the Federal Republic of Nigeria on death of governor elect before oath of office.............

FALSE DECLARATION OF ASSETS: DR. BUKOLA SARAKI

The Code of Conduct Tribunal (CCT) has granted the application of the prosecution counsel and issued a bench warrant on the accused and asked the Inspector General of Police and other relevant security agencies in the country to produce him to appear before it on Monday 21st September, 2015 over allegation of false and improper declaration of assets during his tenure as Governor of Kwara State .............CULLED FROM SAHARA REPORTERS

CANAL KNOWLEDGE:OUR LIMITATIONS

A 34 years old Muhammed Ahmed has been arraigned in court by the Nigeria Security and Civil Defense Corps in Oshogbo for allegedly having sex with his 14 years old daughter.It was gathered that the accused had allegedly been having canal knowledge of the girls since April until he was arrested following a tip-off by one of his neighbors.

ASABA BROTHEL::HOME OF TEENAGE GIRLS

A bar where teenage girls dance naked have been uncovered by a vigilante group with the operator  arrested in Asaba. The bar which is situated in Asaba host bizarre activities, like pornographic shows.Girls from neighboring states are said to be among the teenagers arrested.

TOYIN & ADENIYI JOHNSON

This caption caught my attention 'Toyin Aimakhu divorced' the first thing i asked myself was 'how long has she been on the process? then i read the story only to discover that she just changed her status on her social media handle from MRS to Miss and this got people talking, also it was reported that the husband Adeniyi Johnson moved out of their Lekki home to an unknown place.

HUMAN TRAFFICKING IN NIGERIA

Mrs. Esther Nicole Otubo is one out of many Nigerians who engage in human trafficking by recruiting young girls for prostitution outside the country, this woman dont just recruit them for prostitution but also order innocent girls to stand naked  in front of the camera  , the video recording of this girls were to blackmail them in case they refused to pay their daily dividends  to her but as they say 'nothing last forever'

This trafficker was apprehended when she did same to one Ms Precious from Edo state Nigeria, who went to the United Arab Emirate in a bid to seek better opportunity outside Nigeria. She became one of many victims of Ms Esther Nicole like many others.Other Madams include Madam Ann and Madam Ebony, who has since been apprehended by the police .

LESBIANISM AND THE NIGERIAN LAW

It is important for us as parent to be careful who our children associates with, our friends? our maids? cousins? uncles? etc, what influence they have on them, negative or positive one.

SEX IN MARRIAGE- I WILL DENY MY HUSBAND SEX UNTIL HER PAYS HIS DEBT

I will deny my husband sex until he pays his debt- Wife.This headline caught my attention , i opened it, realized its still marital issues which has been treated several times, in fact i have told myself to always refer people to earlier write-ups on divorce, marriage, separation than write again but on another though, it means the awareness is still limited to some set of people................so i have to continue until every one is duly informed as this is the reason behind me blogging. INFORMATION IS POWER. Please read below the body of the headline you read above.

DUAL CITIZENSHIP : SENATOR BUKOLA SARAKI

There's a popular saying that, if you don't know your history, Please join the Nigeria Politics, the story of how your great grand parent met and married will be told once you contest or you are appointed into a public office in Nigeria.

This is the case of the controversial President of the Senate, Senator Bukola Saraki, despite the people calling on the All Progressives party Chieftains to sheath their swords and let peace reign in the interest of Nigeria and spirit of change, new things seems to be emerging, the most recent is the question as to whether Senator Bukola Saraki is qualified to be a senate president by virtue of his citizenship in the United Kingdom with passport NO: 306077175.

This is purely a constitutional matter and the Constitution of the Federal Republic of Nigeria will be used to trash this, not just because of the Senate President but for future references.

First, who is qualified to be a member of the National Assembly? 

A person is qualified for election as a member of if Section 65 (1a) senate if he is a citizen of Nigeria and has attained the age of thirty-five years old  (b) House of Representatives , if he is a citizen of Nigeria and has attained the age of thirty years (2) a person shall be qualified for election if he has been educated up to atleast school certificate or its equivalent 

Disqualification for election to the Senate?

No person shall be qualified for election to the Senate or House of Representatives Section 66 (a) subject to the provision of section 28 of this constitution , he has voluntarily acquired the citizenship to a country other than Nigeria or, except in such cases as may be prescribed by the National Assembly , has made declaration of  allegiance to such a country.

Section 28 of the Constitution of FRN? 

Subject to the other provisions of this section , a person shall forfeith his Nigerian citizenship, if not being a citizen of Nigeria by birth, he acquires or retains the citizenship or nationality of a country , other than Nigeria , of which he is not a citizen by birth.

GOV. RAUF AREGBESOLA SHOUlD BE IMPEACHED

A serving judge in Osun State High Court , Justice Oloyede Folahanmi has called on the State Assembly to impeach the Governor Ogbeni Rauf Aregbesola in line with the provision of the Constitution of the Federal Republic of Nigeria over non- payment of salaries in the state for over Eight months, he further urged them to investigate the alleged mismanagement of the state’s financial resources by the governor and his deputy.

SEARCH: WHO CAN CONDUCT A SEARCH?

A search is an examination of a person’s body , vehicle, house,  premises, or any vessel with the view to discover contraband, illicit, stolen property or some evidence of guilty to be used in the prosecution of a criminal action for some other or offence with which he is charged.

The general rule is that before a search can be conducted; there must be a warrant to be issued by appropriate authority for there to be a valid search.

The power to search the body of the person arrested is conferred on the police officer making such arrest, he needs give no reason for the search, a private person who has custody of an arrested person also has power to search a person. The search of a lady is to be carried out by another lady not by a man this is the provision of section 43(3) of the criminal procedure code, the search of the body of a woman must be done with strict regard to decency but it is lawful for a man to search other things attached to the body of a woman i.e. handbags, wallets etc

The search of premises must be conducted in the presence of two respectable inhabitants of the neighborhood summoned by the person to whom he search is addressed. Where the premises to be search belong to a woman in Pudah, they should be allowed to withdraw provided they are not the object of search.

The authority to issue a search warrant is conferred on a judge, magistrate of a senior police officer, search warrant may be issued and executed on any day including Sunday and public holidays between the hurs of 5am and 8pm but this does not mean this provision cannot be waived at anytime in other to meet the exigency of a particular vessels used for smuggling at night or house of ill repute.

A police officer may detain and search any person he reasonably suspects of any immoral or criminal act. Also before a search warrant is executed on a person, premises or thing warrant must be shown to the person, occupier or person in control of thing. The body of the person who intends to conduct the search will then be searched by by the person named in the warrant.

Thank you.

Oyenike Alliyu-Adebiyi LLB(hons)BL

CHILD BRIDE -DISCHARGE AND ACQUITTAL

The High Court sitting in Gezawa has discharged and acquitted the 14 years old girl who was charged for the murder of her husband and her late husband. Tasiu was 14 years old when she was given out to the late husband, Sanni who was 40 years old as his second wife.

SARAKI, DOGARA ,ALL PROGRESSIVES CONGRESS & THE CONSTITUTION

Dr Bukola Saraki is the Senate President of the 8th National Assembly while Hon. Yakubu Dogara is the Speaker House of Representatives................Congrats to them and their deputies

CRIME ZONE: WIFE HACKS HUSBAND TO DEATH FOR LATE KEEPING

A 40 years-old house wife, Mary Luca has been allegedly clubbing her husband to death in Kaduna State, Nigeria. A resident who want to remain anonymous claimed that argument erupted after the wife complaint that her husband always returned home late. 

COVENANTS IN TENANCY LAW

Please read below a blog visitor's narrative.................

I just relocated to a new house leaving unused one year rent in the old place which is N240,000:00 (Two Hundred and Forty Thousand Naira only) .The landlord has collected the sum of N350,000:00 (Three Hundred and Fifty Thousand Naira Only)  per annum from the new t

ASSETS DECLARATION AND PRESIDENT MUHAMMADU BUHARI

The Head of Media Team to President Muhammadu Buhari, Garba Shehu made it known through a statement signed by him that the President and the Vice President have declared their assets as required by the constitution of the Federal Republic of Nigeria through the Code of Conduct bureau and such declaration was not made public just like the immediate past President Goodluck Jonathan and Arch. Namadi Sambo . 

The fact that the asset declaration was not made public got people talking because they expect that their assets should be declared publicly just like the Late President Umar Musa Yardua, this is because the expectation of Nigerians are high and they want something entirely different from what the last administration and the People's Democratic Party offered.

I shall be shedding light on this from the legal perspective and the provision of the Nigerian Constitution.

The first question is what is the provision of the Constitution in respect of Asset declaration?

Section 140 (1) of the 1999 Constitution state that a person elected to the office of the President shall not begin to perform the functions of the office until he has declared his assets and liabilities as prescribed in this Constitution and he has taken and subscribed the Oath of Allegiance and the Oath of Office prescribed in the Seventh schedule of this Constitution.

The Oath of office and Oath of Allegiance has been taken by the president and the Vice- President on the inauguration day(yesterday)

Secondly, did the President and Vice President adhere to this provision?

President Muhammadu Buhari and Vice President Prof. Yemi Oshibaajo followed due process by declaring their assets immediately after being sworn into office.

GOVERNOR WIKE AND THE APPOINTMENT OF THE STATE CHIEF JUDGE

In the spirit of Democracy day celebration in Nigeria, I use this medium to congratulate the 7th democratically elected president of Nigeria, President Muhammodu Buhari and the Vice President who happens to be a senior colleague , Professor Yemi Oshibajo. May the Lord guide them to the right path. God bless Nigeria.

RIGHTS...................Children do have them

It is worthy to educate/enlighten the general public on the rights of every child, enlightenment is superior to enforcement.

The child right Act 2003 made proviso for the right of every child in Nigeria.A child for the purpose of this discussion and under the act is anybody under the age of 18years.

99.9% of parents treats and protect the interest of their child (ren) but what happens to that child that lives with them.

It is no longer news that most average families in Nigeria have a child living with them often referred to as ‘maid’ that helps in house chores and taking care of their own child.

The question now is that are those ‘maids’ children too? Do they have a right protected under the Child Rights Act 2003?

The answer is not far fetched, many custodians are ignorant of the right protected under the child’s right act and these rights are as follows;

(i)                  No Nigerian child shall be subjected to physical, mental or emotional injury, abuse or neglect.

(ii)                The dignity of the child shall be respected at all times.

(iii)               Freedom from discrimination on the ground of belonging to a particular community or ethnic group, place of origin, sex, religion or circumstances of his birth.

(iv)              Making tattoos or mark and female genital mutilation are punishable offences under the act.

(v)                Child trafficking ,abduction and forced exploitative labor are stated to be offences

(vi)              Betrothal and marriage of children are prohibited.

(vii)             Every parent or guardian having legal custody of a child under the age of 2 years shall ensure its immunization against diseases of fake judicial penalties.

Anyone found guilty of any of the above mentioned rights will face judicial penalties because those rights are enforceable.

Am sure some women will say ‘thank God my maid is from Togo, i do not have problem, i am sorry to disappoint you, the definition of who a child is doesn't change from Asia,  Europe, America, Africa   and to those men whose wives have maids you are as liable as your wife as provided in section 340 of the criminal code any husband or wife of an offender who is guilty of endangering the life of servants will equally be guilty and it is also aiding and abetting.

My advise goes to women, if we must have maids lets endeavor to put them in government public schools where we cannot afford a private school for them, this will not only put us on the positive side of law, we’ll be greatly rewarded by God Almighty.

MAN KILLS LOVER FOR REFUSING CHILD'S CUSTODY

A vigilante leader identified as Uche was arrested bt the Anambra State Police Command for allegedly killing his girlfriend over a new born baby.

The incident happened at Regina GRA in Onitsha , Uche shot at his lover for refusing to grant him custody of his baby.Trouble was said to have started when Uche's demand to have custody of his baby despite not paying bride price of the deceased , was resisted by her parent........CULLED FROM DAILY POST REWRITTEN HERE 

.......

This is pathetic, why do people take law into their hands and end up getting into trouble, for those who may be in Uche's shoes in the nearest future i shall be discussing custody of children under the law. Custody of children has nothing to do with bride price even though i will encourage a man and a woman to take necessary steps to legalize their union, either through a marriage under the Act or Customary law of the parties. This will not only avoid controversy like this but we'll end up having a sane society with legitimate children.

Uche has no doubt committed an offence of Murder and shall be charged and sentenced in a competent court of law, it is immaterial that the parent/family of the deceased does not want to press charges, this is an offence against the state, mow to custody............

KIDNAPPED GIRLS,ABORTION & PREGNANCY

I got this question from one of the blog visitors,he asked that...........concerning the girls rescued in Sambisa forest, what is your take on the pregnancies? should they be aborted or allowed.Any legal implication?

I feel there's need to address the topic, Abortion.

Abortion is when pregnancy is ended so it does not result in the birth of a child. Abortion has been a controversial subject in many societies through history because of the moral,
ethical, religious and political issues that surround it. We shall base this discussion on what the law says about abortion in Nigeria and in the United Kingdom.

Abortion in Nigeria is illegal and carries a heavy jail term of 14 years if found guilty unless it is performed to save the life of the mother and child. Saving the life of mother and child is a question of law that can only be answered in court.

The Abortion act of 1967 states that Abortion is legal in United Kingdom which consists of England, Scotland and Wales as long as the pregnancy is not beyond 24^th week of pregnancy but where the pregnancy is over 24 weeks and it is seen that it would present a risk to the physical and mental health of her existing children then abortion can be carried out but this must be done only if two doctors consent on the need to carry out the abortion.

BURUJI KASHAMU & EXTRADITION ACT OF 1967

The story of a senator-elect in Nigeria, Buruji Kashamu has being the headline of many news portal in recent time, the men of the National Drug Law Enforcement Agency(NDLEA) surrounded his house as early as 4:30 am yesterday 23rd day of May,2015 in a bid to extradite him to the United State to face the drug related charges levied against him.

MAN ARRAIGNED FOR PEEPING AT FEMALE NEIGHBOR

A 36 years old barber, Azeez Adewale , was on wednesday arraigned before an Oshodi Magistrate court sitting in Lagos for allegedly peeping at his female neighbor while she was having her bath.

INFIDELITY AND CHILD'S CUSTODY IN MARRIAGE

A middle age man , Samson Musa ,on Wednesday appealed to an ojo Customary Court sitting in Lagos to end his three year old marriage to his wife because she is pregnant for another man.

The complainant who is married to his wife identified as Tunrayo for three years is accusing her of infidelity.

MALE OR FEMALE CHILD

A certain Bello Rabiu has been dragged before a Senior Magistrate  Court in Katsina for allegedly killing his new born girl.

Bello 35 years, was said to have strangled the new baby to death and buried her in his compound after she was given birth to by his wife, Fatimo.

Bello's reason for strangling the innocent girl is no other reason than he had eagerly waited for a male child but his expectation was dashed when his wife gave birth to a girl.

Bello was arrested and he has since confessed to the crime,,,,,,,,,,,,,,,,,culled from Daily Post.

What a heartless and wicked man you are Bello.

Bello has committed no other offence than murder, it is immaterial the victim was his own biological daughter, the law of the land frowns at unlawful killing of anybody by another.

If you are keen on having a male child,talk to an expert , anyone found guilty of murder of another shall be killed.

Thank you

Oyenike Alliyu-Adebiyi LLB (hons) BL

CHILD BRIDE : NOLLE PROSEQUI

The prosecutor in Kano State withdrew charges of murder against the 15 years old girl accused of using rat poison to kill a 35 years old man she was married to.

SEX: 70 YEARS OLD VILLAGE CHAIRMAN & TWO TEENAGERS

A 70 years old man identified as Iheanacho , over the weekend slumped and died after engaging in marathon sex with two young ladies age 14 years and 16 years in a hotel room at Ogbaku, a community in Imo State.

ADULTERY

Anger is a brief lunacy-Horace(Roman Poet-Philosopher)

The law has tend to raise the stake of provocation beyond anger or being apoplectic, provocation is more readily accepted where the court is convinced that the circumstances of the reaction of the accused shows symptoms of what would otherwise have been attributable to diminished capacity but the transitory surge represents it as temporary insanity.

CONSTITUTIONAL LAW: ROTIMI AMAECHI VS. WIKE

I got a call from one of our numerous fans, Hello Cremelawyer please i need you to educate me and if possible post this on your blog then i said what is it Sir, he asked who will swear Nyesom Wike in come May 29,2015. I was not expecting the question because i have forgotten that the courts in Rivers State have been shot for several months now and the state does not have a Chief Judge neither do they have an acting Chief Judge.

ABDUCTION : OREKOYA BOYS

A driver Chukwuma Okeke 27 was on Thursday sentenced to One year Imprisonment by the Yaba Magistrate court for abducting a maid of 15 years from his employer. He pleaded guilty to the charge of abducting the girl with the intent to have sexual intercourse with her.

MURDER AND CHILDREN UNDER THE LAW

A four years old child accidentally killed an 11 Months old baby by putting the child in a plastic container and covered it with clothes. The baby died of suffocation. what a sad news...........CULLED FROM LINDA'S BLOG.                     

ABUSE OF OFFICE : MORONFOYE & SARAKI

The Federal High Court sitting in Ilorin, Kwara State, could not procedd with the arraignment of the Kwara State Commissioner for Information Prince Olatunji Oyeyemi Moronfoye and Ope Saraki, Nephew to the former Governor ,Dr. Bukola Saraki.

ISSUANCE OF DUD-CHEQUE

The managing Director of Bluehill Hotel Resort Limited, Jonathan Wallang was on Thursday dragged before Justice Bello Kawo of the Federal High Court, Abuja sitting

PASSING OFF ; DAILY TIMES V. PREMIUM TIMES

The Daily Times of Nigeria Plc have threatened to drag Premium Times to court over the use of ‘Times’ in its brand name , a letter sent to Premium Times

RIGHT OF APPEAL : PRESIDENT ACTORS GUILD OF NIGERIA,IBINABO FIBERISIMA

The Lagos State High Court on the 16^th day of March, 2015 nullify the October  re-election of the President Actors Guild of Nigeria Chief (Mrs) Ibinabo Fiberisima, the decision of the court  was that the status quo that forbade them from holding election should be maintained. Ibinabo vowed to appeal the decision of the court.

STEALING

One Abdullah Mohammed from Mabushi area of Abuja was on Thursday jailed for three weeks by an Abuja magistrate court allegedly stealing a generator worth N120,000 (One Hundred and Twenty Thousand Naira only)

Mohammed was said to have conspired with one Tunde to commit the crime, Tunde is currently on the run as security men are said to be after him, Mohammed was found guilty of the offence and sentenced by the Magistrate.

Some blame stealing on poverty i blame it on laziness and the failure on the path of the past and present leaders of our great country.

Stealing according to the criminal code is when a person fraudulently takes or converts anything capable of being stolen is deemed to do so fraudulently if he does so with any of the following intents

(i)                an intent to permanently deprive the owner of the thing of its

(ii)              an intent permanently to deprive any person who has any special property in the thing of such property

(iii)            an intent to use the thing as a pledge or security

ADULTERY : MUMMY IN THE LORD

A pastor in Lagos has pleaded with Orile Agege Customary court to dissolve his marriage as a result of his wife’s alleged adultery and neglect.. The 49 years old Jack, who is based in Lagos told the court that his wife , Kate is having an affair with

his pastor-friend whom he invited for a church programme in Lagos.

According to him Kate left their matrimonial home since 2011, and had not returned since then, giving account Jack stated, when my pastor friend came to Lagos on my invitation for our church programme, i noticed my wife was admiring him which made me to suspect a foul play. After the pastor  had returned to his base in Ibadan, my wife was nowhere to be found, so i traced her to Ibadan and met her with the pastor.

The petitioner claimed she denied him sex several times before she finally left in 2011................culled from Daily Posts

Whaooo even mummy in the lord is not left out, as we have always discussed Adultery is one of many grounds a marriage can be brought to an end, no matter the age of the marriage even a day.

MURDER ; PENIS

A  Zimbabwean woman was arrested for attacking, cutting off the penis and killing of her husband for constantly cheating on her. .........culled from Linda’s Blog

ADULTERY : ALAMIESIEGHA'S ADULTEROUS DAUGHTER IN LAW

Tonbra Alamiesiegha (son of the former Governor) and his wife of seven months, Chikodi Stella Ononiwu have parted ways on the ground of infidelity and adultery. It was gathered that Tonbra’s wife began dating one Earnest a married banker who lives in Abuja and over time they both exchange text messages telling each other how they enjoyed spending time together and how they look forward to being together again after every session of passionate meeting at their hide out.

ALIMONY

The rate at which young ladies lose their lives as a recent of abusive marriage/relationship is alarming and the need to educate those who are in such situation is important.

FREEDOM OF SPEECH : ABSOLUTE OR NOT (3)

On one of the forums where National Issues are discussed, an anonymous member of the forum posted a comment that threatens the unity of our dear country, this was greatly condemned by members of this great forum,  this reaffirm that there are true Nigerians who will go out of their ways to see Nigeria work irrespective of our religious, tribal and cultural differences.

HUMAN TRAFFICKING

The National Agency for Prohibition of Trafficking in Persons and other related matters has taken a 24 years old woman, Ife Adisa, before the federal high court in Lagos for allegedly hiring two minors and another 22years old lady into prostitution.

2015 ELECTION ; VOTE, DON'T FIGHT

The year 2015 is another face in the history of Nigeria politics, some are clamouring for change while some say its continuity.

DESERTION IN MARRIAGE UNDER THE LAW

An Igando customary court sitting in Lagos State on Wednesday dissolved a 10 years old marriage between Mrs Caro Waheed and her husband Suleiman Waheed over abandonment.

SEX IN MARRIAGE AND THE LAW

A customary court in Mushin, on Thursday dissolved the 35 years-old marriage between Paul Odunbaku ,63 years old and his wife Titilayo , Odubaku prayed that his marriage to Titilayo be dissolved as she is starving him of sex and emotional abuse.

POLITICAL PARTIES AND FUND RAISING

If you have ever criticised any money donated by   individuals to any political aspirant, then you need to read the position of the Law and why it is seen as normal.

DOMESTIC VIOLENCE : BATTERY

Mrs Comfort Oluwaseun Adebowale was brutally beaten by her husband Mr Olorode Abimbola Gbenga  for allegedly greeting her pastor, unconfirmed report says she was beaten by her husband because he suspected she is having an extra marital affair.

It is time we let men know that the right they have over their wives