Wednesday 22 May 2024

CYBER STALKING : VERY DARK MAN,TONTO DIKE ,IYABO OJO AND THE LAW

 

Cyberstalking is the use of electronic communication to harass or intimidate someone and it encompass behavior such as sending threatening emails, posting harmful messages on social media, or tracking someone’s online activity without their consent.

Cyberstalking is a crime in Nigeria by Virtue of Section 24 of the Cybercrimes Prohibition and Prevention Act 2015, this law prohibits various cyber activities, including cyberstalking and provides penalty for offenders. Before an offender can be found liable it must be established that the messages or information shared are offensive, malicious, menacing or falsely represent the identity of another person.

The Federal High Court in Abuja has ordered the remand of a socialist Martins Otse popularly known as VERY DARK MAN in connection with an information shared some weeks ago about Nollywood actors ,Iyabo Ojo and Tonto Dike pending the continuation of trial on May 29,2024 .The Punch Newspaper reports that VDM pleaded not guilty to the charge.


LEGAL ISSUE : What is the Penalty for the offence of Cyberstalking ,Section 24 provides the penalty for such offenses and this is Three (3) years  imprisonment or fine of not more than Sven Million Naira (N7,000,000:00)             or both. The offender may be ordered to pay compensation to the victim of the Cyberstalking.

Conclusively, the onus is on the Victims, the police through substantial evidence that the accused person is guilty of the offence as charged, in view of this if VDM is found guilty ,he may be convicted for not more than three years, fine or both and penalty maybe awarded to the actors in question where they are able to establish damages against the accused.

Thank you.

 

Cremelawyer.

Thursday 27 August 2020

COMPANIES AND ALLIED MATTERS ACT 2020 : THE ''CONTROVERSIAL" SECTION

 Dear readers, 

Growing up, I have heard people say "Knowledge is Power" but do you think knowledge not put into use is also power? Lets put into use our knowledge so it becomes power to us.

I will be discussing the Companies and Allied Matters Act 2020 assented by President Muhammad Buhari especially the "controversial" Section 839  which has received knock from Religious leaders. Section 839 subsection (1) empowers the commission to suspend trustees of an association and appoint interim managers to manage the affairs of the association where it reasonably believes that-

(a) There is or has been misconduct or mismanagement in the administration of the association.

(b) where it is necessary or desirable for the purpose of (i) protecting the property of the association, securing a proper application for the property of the association towards achieving the objects of the association, the purpose of the association of that property or the property coming to the association and most importantly to protect public interest.

Monday 6 April 2020

FUNKE AKINDELE : PEROGATIVE OF MERCY

In Criminal law what serves as deterrence is not the severity of punishment but the certainty of punishment -TW

Sunday 5 April 2020

FUNKE AKINDELE-BELLO & COVID-19

The Lagos State Police Command has arrested Nollywood Actress Funke Akindele-Bello  for violating the Social distancing directive of the state by throwing a lavish party for her husband Abdul-Rashid Bello inviting about Forty guests to her  house party.



It is pertinent to note that there is a global pandemic , Corona Virus which has killed Thousands of people across the globe including Nigeria with Lagos State having the highest number of cases in Nigeria.The Lagos State under the leadership of Governor Babajide Sanwoolu is doing his best to curtail the spread of this deadly virus and has ordered an immediate slow-down of activities, prohibition of large gatherings, social distancing measures, partial and full closure of public offices in the ever bustling mega city.

Wednesday 25 March 2020

COVID-19 FORCE MAJEUR /ACT OF GOD

This post is specifically for business owners and associates as disputes affecting declaration of Force Majeure  from the impact of COVID-19 seems to be unavoidable.

An 'Act of God' is simply an unpredicted natural event while the Force Majeure is simply the clause included in contract to remove liability for natural and unavoidable catastrophe that interrupts the expected course of events and restricts parties from fulfilling an obligation.

Friday 8 March 2019

Cremelawyer's Blog: SENTENCE: WHERE DISCRETION OF THE COURT IS APPLICA...

Cremelawyer's Blog: SENTENCE: WHERE DISCRETION OF THE COURT IS APPLICA...: A business woman, Doyin Adebowale Adekoya has been sentenced by Justice Hakeem Oshodi of the Lagos State High Court to Six Months Communit...

SENTENCE: WHERE DISCRETION OF THE COURT IS APPLICABLE

A business woman, Doyin Adebowale Adekoya has been sentenced by Justice Hakeem Oshodi of the Lagos State High Court to Six Months Community Service bothering on a   N20,547,000 Fraud on a Nine count charge bordering on stealing, conspiracy  and Obtaining Money under false pretense...............Culled from Instablog

Cremelawyer's Blog: DEATH SENTENCE: LEKAN SHONDE

Cremelawyer's Blog: DEATH SENTENCE: LEKAN SHONDE: Lekan Shonde has been sentenced to death by Hon Justice Oyefeso of the Lagos High Court after finding him guilty of the death of his wife ...

DEATH SENTENCE: LEKAN SHONDE

Lekan Shonde has been sentenced to death by Hon Justice Oyefeso of the Lagos High Court after finding him guilty of the death of his wife ,Ronke on the 5th of May 2016 at their residence in Egbeda Lagos.

The couple were blessed with two children. 

I commend the effort of the Honorable Justice for this judgment but its important to educate ourselves on Sentencing and remedies available to the accused person, Mr Lekan Shonde

Monday 4 March 2019

ACTRESS MONALISA COKER: TAX EVASION

Actress Monalisa Coker has been issued a Bench Warrant by Justice Adedayo Akintoye of the Lagos High court over Tax Evasion.This is over no-remittance of Annual Tax Returns and Personal Income Tax for  Six years.


As always for the purpose of this discussion we shall educate the readers on few payable Taxes and how its paid.

A. PERSONAL INCOME TAX: is distinct from Tax paid by companies , it is a tax paid by owners from their income  i.e Salary or dividend from firm (employment or running one's business), there are two major types of Personal Income Tax (PIT)

I. PAY-AS-YOU-EARN: This is a method of collecting Personal Income  Tax from employees salaries and wages through deduction at source by employer as provided by Section 81 of the PERSONAL INCOME TAX CAP P8 LFN 2011

II. TAXES FROM SELF EMPLOYED PERSON (DIRECT ASSESSMENT): This is an assessment raised directly on self self employed persons (Professionals, Landlords, Traders etc) This self employed person will without notice file a return of Income in the preceding year.

B.VALUE ADDED TAX is a consumption tax paid when goods are purchased or services are enjoyed, VAT is a tax levied on consumption and is collected by the FIRS on behalf of the  Federal Government of Nigeria and is shared by Federal, State and Local Government based on statutory formula.

This is compulsory for all business entities even though some businesses are exempted i.e Medical Services, Plays and Performances conducted by educational Institutions as part of learning and all export goods.

Lastly, entertainment Services like that of the beautiful actress is taxable and failure to file returns attracts 150% of the uncollected tax plus 5% interest above CBN re-discount rate.

Contribute to the Nation Building, PAY YOUR TAX.

Thank you 

Oyenike 

Wednesday 3 January 2018

MERCY AIGBE: CONTROVERSIAL WEDDING DRESS

A disappointed bride with Instagram Handle RETTYPETTY calls out a Nigerian Designer named RIKAOTOBYME, Maryam Elisha who ruined her wedding day by allegedly giving her wedding dress (bride brought the fabric and paid the designer in full) to a Nollywood actress by the name MERCY AIGBE who used same for her 40th Birthday photo-shoot.

This controversial dress must have caused the Nollywood actress a lot as people flooded her page calling her names almost ruining her 40th birthday celebration for her......................CULLED FROM FAMOUS BLOG

In view of the above scenario, we shall be looking at the rights of the parties involved under the law. The parties are the designer, the bride and the Nollywood actress.This is a case of breach of contract.

Monday 11 December 2017

END SARS - ALL YOU NEED TO KNOW

It is no doubt that Nigerians especially the youth are clamoring that the Special Anti-Robbery Squad be scrapped,the hash tag is seen on all social media handles, before this became popular i remember an Islamic Cleric called my attention to it and sought my opinion on how to report the officers of the Nigerian Police to the appropriate authority as they harass innocent youths in his area by leading them to the Automated Teller Machine to withdraw money after wrongly accusing them, the man further made it clear that the so called officers are so corrupt that they lead the convoy of young boys who engages in internet frauds popularly known as 'yahoo' leaving what they were rightly employed for.

Monday 4 December 2017

TRAGIC SPOUSE

Mrs Yewande Oyediran, a legal practitioner stabbed her husband, Lowo to death after an argument ensued between the couple over an allegation of infidelity, the accused was charged on one count charge of Murder , the prosecution relied on the evidence of the landlord and one other witness and the charge was reduced to manslaughter because the prosecution was unable to prove that the accused person intentionally killed the victim who happens to be her husband.

Monday 27 November 2017

WILL AND TESTAMENTS

HAVE YOU MADE YOUR WILL? I am not ready to die, are you wishing me death? Oh! You were sent by my village people etc These are the answers you get for asking a typical Nigerian whether he or she has drafted his WILL.
In order not to be one of many that would most likely answer with such, please sit back and read why you need a WILL.

Wednesday 5 April 2017

PRESIDENT BUHARI & HIS FIGHT AGAINST CORRUPTION

A High Court of the Federal Capital Territory today dismissed all the 18 counts charges including gratification against Justice Adeniyi Ademola of the Federal High Court and his wife, Olubowale Ademola and a Senior Advocate ,Mr Joe Agi.

Tuesday 4 April 2017

NIGERIAN SENATE AND MATTERS ARISING

The Nigerian Senate has been involved in quite a number of disquieting situations in recent weeks, the Certificate scandal involving Senator Dino Melaye, a similar case that has landed his colleague in gaol and the suspension of Senator Ali Ndume, a well read and highly controversial legislator.

Thursday 30 March 2017

KNOWLEDGE IS POWER


We may not have power over what others write but we definitely have power to educate people on what is right .I am not throwing shades neither is this write up pointing at anyone, it is just a need to put the wrong right. 

There are so many write ups on the net this

Monday 17 October 2016

CHILD MOLESTATION: SAFEGUARDING THE RIGHT OF A CHILD

Two men, identified as Adekunle Adesanya and Tolomo Utele have appeared before the Ebutte Metta Chief Magistrate Court on Monday for allegedly raping a 19 years old girl, The accused persons are being tried on a two-count charge of conspiracy and rape, the offences contravened Section 258 and 409 of the Criminal Law of Lagos State ,2011 which Section 258 prescribed Life imprisonment for the offence.

Monday 10 October 2016

ACTOR, YOMI FABIYI & THE NDLEA

Actor and movie producer , Yomi Fabiyi has threatened to drag the NDLEA to the Supreme Court if they do not act right by paying his colleague Babatunde Omidina (Baba Suwe) the sum of N25 Million awarded in his favor by a court of competent jurisdiction after he was arrested and tortured for allegedly ingesting cocaine in year 2011.He maintained that some pipes used by the agency in their cause of investigation and torture of his colleague has affected his health and he deserved to be compensated.

Saturday 8 October 2016

JUDICIARY V. DEPARTMENT OF STATE SECURITY

The Department of State Sservice DSS, between friday night and saturday morning invaded the house of two Supreme Court Judges,ustices Walter Onnoghen and Sylvester Ngwuta,also two federal High Court Judges,Justice Adeniyi Ademola and Nnamdi Dimgba.

Friday 7 October 2016

CONSANGUINITY

I got my first question after the first post,without blowing my trumpet some people actually missed me ,i miss you all too especially the way you make me feel after viewing the page-views after every post.....lol. The question goes thus....

Can siblings get married to siblings under our law or is it just a Yoruba thing, so i cant fall in love with my sister in law's brother or my bother's wife's brother'

Wednesday 5 October 2016

PROPOSED SALE OF NIGERIA'S NATIONAL ASSESTS

It is no longer news at least on social media that the Federal Government is planning to sell Nigeria's National Assets to individuals, rumor or not, we have decided to educate our readers on the implication of selling Nation Assets, what National Assets are for those who does not know.

National Assets according to google, is a total monetary value of the capital goods and services, including net foreign balance and tangible assets, owned by a nation at a particular period of time , used in a nation's overall economic analysis and planning, these can also be referred to as national net worth.

Nigeria's assets includes but not limited to (a) Nigeria National Petroleum Corporation (b) Refineries (c) Nigeria Port Authority (d) Government Shares etc

We are back.........YES we are

It is a great pleasure to be back again, my sincere apologies for leaving for soooo long without a word from me. I am truly sorry.

Legal blogging is my passion as Law is my first love but circumstances, society, time atimes prevent us from living our dreams. I am not promising the whole world but i will never leave you again, because you care ***Kisses

I say thank you to everyone who checked on me, those who refused to leave or delete me off their Black Berry Mssenger (BBM) , some sent mails which were mostly was ignored by me, i am truly sorry it wasn't intentional. Our New BBM Pin is 5EEF80F5 add us and lets keep educating ourselves.

We shall be educating ourselves as usual by relating law with trends ranging from Politics, Entertainmemt, Marital Issues, Rights of Employers and Employees to mention a few. Also, questions /advise will be treaated.

Thanks for the love always.

Yours

CREMELAWYER
oyenike.alliyu@gmail.com
TWITTER @cremelawyer
IG @ cremelawyer

Saturday 28 November 2015

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.