NIGERIAN POLICE FORCE; EXPECTED CODE OF CONDUCT

If there is any arm of law enforcement no one want to come in contact with it is the Nigerian Police, this is due to several experiences they encountered with the police. How true is this and what are the powers conferred on the Nigerian police,

INDIAN HEMP; ITS USAGE AND LAW GOVERNING IT IN NIGERIA

Everything God created is good; Indian Hemp is not an exception. Its usage is what determines if it is good, bad, harmful or prohibited.

One of the common drugs used in Nigeria is Indian hemp despite the fact that it is a criminal offence to be in possession of this narcotic drug, the government’s effort to stop people from using it based on its effect on people’s health and conduct has over years proved abortive because it is a drug with common usage between the literate, illiterate, civilians and military personnel making it more difficult to nail down the importers and exporters of this dangerous drug.

Ganja as popularly called is not without its advantage as we have earlier said everything God created is good and for purpose, Indian hemp is used for pharmaceutical products, it is used for cream as it repair split end and damaged hair but that does not mean one should buy it and mix in cream because if caught it attract a jail term which shall be discussed below. It has to be adequately processed for it to be used for the above mentioned purposes.

Indian hemp has been found through research to prevent some health disorder like gonorrhea ,insomnia, digestive disorder, nervous disorder, chemotherapy induced vomiting to mention a few, please note that the fact that it is used for the above mentioned health disorder does not mean you should buy and use it, it must be strictly used under a doctor’s supervision or prescription .

The law governing the Indian hemp in Nigeria is the Nigerian Indian hemp Act, Indian hemp is described under this act as any plant or part of plant of genius cannabis.

The law by virtue of section 2(1)of the Indian Hemp Act any person who knowingly plants or cultivate any plant of cannabis shall be guilty of an offence and liable to conviction to be sentenced either to death or to imprisonment or a term not less than twenty one years, this is also the same incase of any person who export Indian hemp.

And to those who pass me the ganja (smokes) or knowingly has any Indian hemp in his/her possession shall be guilty and liable on conviction for four years imprisonment without an option of fine.

This shall not apply to the possession of any medical preparation of Indian hemp in circumstance such that no offence against the dangerous drug is committed but this must be done legally. A medical doctor or pharmacist caught in possession of Indian hemp does not quality for medical preparation described under this act.

As a landlord, it is important we know what our tenants are using our premises for, any person who being the occupier of any premises, permits those premises to be used as for selling of Indian hemp, smoking, preparing Indian hemp for smoking shall be liable for a term not less than ten years without an option of fines.

To parents who pay little or no attention to their wards, leaving them on the street allowing their ‘street brothers’ send them on errand,if your child is caught in possession of  Indian hemp such child shall be sentenced to two years in a borstal and twenty one strokes of the cane.

Wives/ Girlfriends who watch, encourages, follows their boyfriends /husband to buy or keep Indian hemp with then shall also be liable on conviction for twenty one years imprisonment, it is immaterial that you don’t smoke it, being in possession is sufficient.

Thank you.

Oyenike Alliyu-Adebiyi LLB(hons)BL

LAGOS TRAFFIC LAW ; PENALTIES ,DUTIES OF LASTMA OFFICIALS

Compliment of the season and happy new year in advance blog visitors, how is the preparation like,hope our clothes are in our various wardrobes. Let us remember that as we are working hard to get money to buy our clothes so are some corrupt law enforcement officers are doing same ,so let us try our best to avoid what will affect our pockets this season and beyond.

I was driving yesterday in Lagos, south west Nigeria so I beat the traffic light, this was not intentional but because I was driving bumper to bumper with one of the Nigerian Breweries   distribution truck, I did not see that the light has stopped me, The Lagos State Traffic Management Authority officer stopped me and before I could explain myself he asked for my driver’s license , I asked him if  checking of driver’s license is part of his duties, he simply said madam go because of the child in your car.

So what are the limits, duties and penalties prescribed under the Lagos Traffic Law which was signed into law in August year 2012.

A lot of people have expressed concern about the new traffic law, there are several opinions for and against the law but we should bear in mind that law is a dormant piece of paper which will not jump on an innocent person neither will it come to the house looking for anyone, it is man that is always looking for it.

The major reason behind this law is to restore decency in the way of lives of people living in Lagos and change for better. If the law is strictly adhered to, Lagos will change for better.

Highlights of Lagos traffic law as follows;

Driving against traffic is one year imprisonment for a first time offender and three years in case of a repeated offender.

Carrying of a pregnant woman and a child below age i2 on okada is three years imprisonment.

Bullion vans driven in a direction prohibited by road traffic law will be forfeited, abandoned vehicles on highway will be fined N50, 000 or three years imprisonment or both.

Another salient provision of the law is the prohibition of eating, counting, making phone calls and engaging in other dangerous activity while driving, prescribes a fine of N30, 000 to violators.

Smoking while driving will attract N20, 000

Disobeying traffic control and failure to give way on the left at round about will attract N20,000

Any person driving without a valid driving license will have his /her vehicle impounded.

Learners without permit will attract a fine of N20,000.

Where vehicle is abandoned on a highway or near private premises, police or task force authorized to remove to a park, owners of adjourning properties should report to the nearest police station, failure to do so may be N25,000 fine.

The law is no respecter of anyone, let us do our best to obey all traffic laws both state and federal laws.

Eko o ni baje o!

Thank you

Oyenike Alliyu-Adebiyi LLB(hons)BL

LABOUR ACT ; WOMAN BEATEN BY LEBANESE BOSS

The news about a pregnant Nigerian casual worker Mrs. Alice Ossai at Toppan Packaging Company Limited Ikeja, Lagos who was beaten up by her Lebanese boss Kaveh Noine was a rude shock to me, who does that and get a away with it,  how can anyone think of beating a pregnant woman so bad that she lost her seven months old pregnancy .

It is no longer news that Lebanese come to Nigeria employ our citizens and short pay them and no one question this because those in authority does not care about what happens to us, and most people are left with little or no choice than to take the job based on the level of unemployment in the country.

A lot of people have been injured by  heavy machines in the cause of carrying  out their duties and never compensated, how long do we want to continue like this when there is a law enacted for this purpose.

Mr. Kaveh has violated the provision of the Labour Law Act cap 198. Law of the Federation 1990.

Section 46 of this act provides that any employer who neglects or ill-treats any worker whom he has contracted to employ in accordance with this part of this act shall be guilty of an offence and on conviction shall be liable to a fine or imprisonment for one year or both.

In as much as Nigeria welcome foreign participation in formation of company, it will not allow them to violate its laws, here Kaveh Noine if found guilty of this allegation and convicted may face imprisonment and deportation.

We shall be discussing what the labour act say about women in employment, section 54 of the labour act provide for maternity protection and woman in public or private industries shall have the right to leave her work if she produces a medical certificate given by a registered medial practitioner lp=-00stating that her confinement will probably take place within six weeks.

No woman shall be employed on night duty in any private or public industries, how true is this? In Nigeria today women are employed in factories to do night work and no one questions their employer. We make laws but never implement them in Nigeria and that is why our citizens are been maltreated and short paid .

Thank you.

Oyenike Alliyu-Adebiyi LLB(hons)BL

MERRY CHRISTMAS EVERYONE

Here’s wishing you our readers a merry Christmas, we shall all be here to celebrate many more Christmas on the surface of the earth.

 

May our homes be filled with love, peace and joy this season and beyond.

Have a crime free celebration.

Merry Christmas  !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

IN-AIR BIRTH; HOW DO YOU DETERMINE THE CHILD'S CITIZENSHIP

The rate at which Nigerians leave the country to have their babies abroad is so alarming, most mothers are so desperate to get visa once they are pregnant, and why is this so. 

Is Nigeria’s citizenship not worth having? I am a Nigerian I am proud, the giant of Africa we remain irrespective of our shortcomings and challenges.

Despite being proud of my country it is still not a bad thing to have one’s baby abroad, if one can afford it. Nigerians have their babies in United State of America this days in fact it is a thing of joy and pride among one’s friends and family members. 

This is a true reflection that our citizens don’t believe in our dear country because of insecurity, political, ethnic crisis the fear of not knowing what will happen next. Those who have money are planning an escape route to leave the country before the next general election, they don’t mind a neighboring African countries, it is that BAD. 

This is as a result of an open letter written few days ago by one of the Nigeria’s head of state and elder statesman, though this does still not confirm anything, we are in a democratic dispensation you can write an open letter but please be mindful if you are ‘common citizen’ so as not to lead to treason/treasonable felony (A discussion for another day)

They don’t mind the risk of travelling when they are almost due, some travel few days to their expected due dates (EDD) endangering their life and that of their unborn child, this has resulted into having in-air birth, though this is uncommon this days because women are advised not to travel once they are thirty eight weeks gone and most airlines does not carry them once they see that they are almost due and if at all they will it will be based on doctor’s approval.

This now takes us to what the law say about in-air birth, where a pregnant woman falls into labor and have the child, which country will be the child’s place of birth and Nationality. We shall use the United Nation law for this purpose because this topic is not only applicable to Nigerians only. The United Nation law is the most suitable because every country on the planet is a member, which Nigeria is one.

The united nation law provides that a child born in flight will have the citizenship of the airplane’s registered country. if you must travel when you are almost due be mindful of the airline so that purpose won’t be defeated ‘lol’ This is the general rule but some countries say it is the country where the child disembarked, some said it is where the baby first disembarked that will serve as the place of birth while the child’s citizenship is the airplane registered country.

Citizenship and place of birth are two different things; citizenship is the status, position, rights and duties of citizens, this is larger and requires paper work while place of birth is a less legally significant consideration.

Take United State of America for instance where the child parents are both US citizens and at least either of the parent resides in US at least a year before the child’s birth, the child automatically becomes, for every rule there are exceptions this will not apply in case of children of people who are not ‘subject to the jurisdiction’ of the United States i.e. Diplomats.

There are several laws governing this varying from one state to the other as we know that each state has its law. Houston Texas for instance the birth certificate of the child will carry where the child was first removed and the plane.

Thank you

Oyenike Alliyu-Adebiyi LLB(hons)BL